Criminal Defense Lawyer in Istanbul
Criminal proceedings conducted under the Turkish Penal Code and the Criminal Procedure Code are highly sensitive processes that directly impact individual liberty and the future of those involved. One of the fundamental principles of criminal law, the "in dubio pro reo" (the benefit of the doubt goes to the suspect/accused) rule, clearly demonstrates how strategically vital a proper defense is during litigation. Within this scope, receiving professional legal assistance is a critical step to fully protect the legal rights of a suspect or defendant.
An experienced criminal defense attorney develops a rational, legally sound defense strategy tailored to the specific merits of a concrete case, even in files that initially appear complex or unfavorable. From the investigation phase to the conclusion of the prosecution process, the attorney protects the client's rights at the highest level, aiming to secure a fair trial, dismantle groundless allegations, or achieve the most favorable outcome allowed by law (such as acquittal, reduction for unjust provocation, or self-defense).
What is Criminal Law and Litigation Processes?
Criminal law is the most sensitive branch of public law, regulating acts that constitute crimes and the sanctions applicable to those acts in order to maintain social order. It is divided into two main categories: general criminal law and special criminal law. On the other hand, High Criminal Courts (Heavy Criminal Courts) are the judicial bodies where the heaviest sanctions regarding the lower and upper limits of imprisonment are foreseen in our legislation, requiring technical and legal tracking at the highest level.
In cases tried before High Criminal Courts, the lower limit of prison sentences is generally high unless otherwise specified by law, and the decisions issued by these courts directly restrict personal freedom. For this reason, possessing vast practical and theoretical knowledge regarding prison processes, prosecution investigations, and trial stages prevents irreparable losses of rights.
| No. | Types of Imprisonment According to Turkish Legislation | Legal Duration and Implementation Principles |
|---|---|---|
| 1 | Aggravated Life Imprisonment | Lasts for the remainder of the convict's life, served under strict security regimes specified in laws and regulations. |
| 2 | Life Imprisonment | Lasts for the remainder of the convict's life, subject to conditional release provisions. |
| 3 | Definite-Term Imprisonment | Unless otherwise stated by law, it cannot be less than one month and more than twenty years. Individualization and reduction grounds can be applied. |
What is a High Criminal Court (Heavy Criminal Court)?
A High Criminal Court is a first-instance judicial authority within the Turkish criminal justice system tasked with handling cases involving offenses that require aggravated life imprisonment, life imprisonment, and prison sentences exceeding ten years, except where jurisdiction is explicitly assigned to another court by law. Operating as a panel consisting of a presiding judge and a sufficient number of members, these courts practice fair trial principles within the framework of directness and oral presentation of evidence.
Which Cases Does a Criminal Defense Lawyer Handle?
The primary crime types and lawsuit categories falling under the jurisdiction of High Criminal Courts, which must be meticulously monitored by criminal lawyers, include:
- Intentional Homicide and Attempted Murder Cases
- Qualified Robbery (Extortion) and Aggravated Fraud Offenses
- Manufacturing and Trafficking of Narcotics or Psychotropic Substances
- Sexual Assault and Sexual Abuse of Children
- Forgery of Official Documents and Counterfeiting Currency
- Crimes Against State Security and the Constitutional Order
- Embezzlement, Bribery, Extortion, and Rigging Public Tenders (Public Law Offenses)
- Human Trafficking, Torture, and Organ Trafficking Cases
- Fraudulent Bankruptcy and all offenses carrying a prison sentence of 10 years or more under the TPC
What Does a Criminal Defense Attorney Do? What Is Their Role?
In criminal proceedings, the defense attorney (counsel) represents the independent defense, which is a structural element of the trial, and is duty-bound to protect the rights of the suspect or defendant within the legal framework. A criminal lawyer's core task is not merely attending hearings, but starting from police and prosecution statements during the investigation phase, ensuring evidence is fully collected, requesting the exclusion of unlawful evidence from the file, and presenting all statutory provisions favoring the client to the court.
Particularly regarding detained defendants, a meticulous examination of the evidence within the scope of the file (camera footage, HTS records, forensic medicine reports, witness testimonies) is vital to prevent unlawful detentions. Preparing reasoned appeal petitions based on technical, procedural, and substantive law before the Regional Courts of Appeal (Istinaf) and the Court of Cassation (Yargitay) against local court verdicts is also a primary responsibility of the attorney.
How Long Does a High Criminal Case Last?
The duration of high criminal cases varies depending on the complexity of the concrete case, the number of defendants and victims, the speed of collecting evidence, the turnaround times for forensic medicine or expert reports, the process of hearing witnesses, and the court's workload. While some straightforward files with pre-collected evidence can be concluded in a few hearings, litigation processes may take longer in organized crimes or extensive economic and factual criminal files. Professional management of the legal process prevents unnecessary delays in the case.
Legal Support During Detention and Arrest Stages
Can you hire a lawyer while in police custody? Yes, every individual taken into custody has a constitutional right to benefit from legal counsel before and during police/gendarmerie or prosecution statements, as well as during the interrogation stage. Since the initial statements and reports prepared during the first phase of criminal investigations determine the entire course of the lawsuit, receiving legal support at this stage is of vital importance.
What does the lawyer of an arrested person do? For a suspect or defendant against whom an arrest/remand decision is issued, the attorney primarily objects to the arrest order with concrete grounds within the legal period. By continuously monitoring confidentiality orders on the file and the status of evidence, the attorney defends the client's rights regarding prison conditions, regularly submits requests for release to the court, and prepares a comprehensive defense file until the trial stage.
How Are Criminal Defense Attorney Fees Determined?
Criminal defense fees are freely determined depending on the nature of the case, the type of accusation, the number of defendants, the volume of the file, the city where the trial will take place, and the time and labor to be expended. However, this fee cannot be lower than the Attorney Minimum Wage Tariff (AAÜT) published annually by the Union of Turkish Bar Associations. Since each criminal file possesses unique characteristics, precise fee information only becomes clear after the file details are reviewed by the attorney.
Criminal Litigation Tracking in Istanbul & Contact
As ATK Law Firm, we carry out defense, consultancy, and emergency legal aid services required by our clients in line with our criminal-law-intensive practice areas. We meticulously represent our clients before all high criminal courts, investigation bureaus, and enforcement institutions across Istanbul, particularly at the **Istanbul Palace of Justice (Caglayan Courthouse)** and the **Istanbul Anatolian Palace of Justice (Kartal Courthouse)**. You may contact our office to obtain detailed information and legal consultancy regarding the processes.
