Criminal Law

Criminal law is a branch of public law that examines whether the necessary conditions exist for an act to be considered a wrongful act constituting a crime and, consequently, whether a person can be subjected to criminal sanctions for that wrongful act.

In criminal law, the elements of a crime, the other conditions of criminal liability, and the rules regarding sanctions constitute the general subjects of criminal law. In social life, human and societal existence can only be maintained through compliance with certain rules. Social life imposes certain obligations on individuals, and these obligations consist of rules aimed at maintaining social order, in the form of commands or prohibitions.

Article 1 of the Turkish Penal Code states: “The purpose of the Penal Code is to protect individual rights and freedoms, public order and security, the rule of law, public health and the environment, and social peace, and to prevent the commission of crimes. To achieve this purpose, the law regulates the fundamental principles of criminal responsibility, crimes, types of penalties, and security measures.” As seen, the main purpose of criminal law is defined as protecting public order, security, the rule of law, public health, the environment, and social peace.

Mandatory Defense
In criminal investigations and prosecutions, there is no obligation to hire a lawyer. In some cases, however, a lawyer may be appointed by the Bar Association for the suspect, accused, victim, or injured party. This is regulated in Article 150 of the Criminal Procedure Code (CPC).

CPC Article 150:
The suspect or accused is asked to select a defense counsel. If the suspect or accused declares that they are unable to choose a defense counsel, one is appointed upon request.
A suspect or accused who has no defense counsel; if a child, incapable of self-defense due to disability, or deaf and mute, is assigned a defense counsel without requiring a request.
The second paragraph applies to investigations and prosecutions regarding crimes punishable by imprisonment of more than five years.
Other matters concerning mandatory defense are regulated by a regulation to be issued after consulting the Union of Turkish Bar Associations.

Criminal lawyers provide services in the field of criminal law as defense counsel for suspects during the investigation phase, or as attorney for the complainant/victim; and during the prosecution phase as defense counsel for the accused or attorney for the victim/complainant. Lawyers work to ensure that all rights granted to them are used, including providing information about the alleged crime to clients, attending testimonies, participating in identification procedures, attending inspections, reviewing and commenting on expert reports, securing evidence, making defenses, collecting evidence in favor of the client, objecting to detention and other adverse measures, and appealing judgments. Working with a team specialized and experienced in criminal law is crucial, as criminal proceedings can lead to severe sanctions, including deprivation of liberty, affecting both the accused/suspect and the injured party/victim/complainant.