CRIMINAL LAW, Istanbul, Turkey
Criminal Law is a legal discipline that examines consepts of crime and punishment and their limits, identifies illegal acts prohibited by criminal sanctions and deals with whether if the criminal sanctions are applicable to the suspected action or not. Working as a criminal defense lawyer in Turkey constitutes one of the greatest challenges in the world of law bearing in mind that a criminal lawyer is the thin barrier of ethical dilemma between public interest and the actions of the accused. Nevertheless, MESCI Law Firm handles each case with profession, able to compete overpressure. Conflict of interest check, attorney-client privilege and presumption of innocence are main points our lawyers take into consideration diligently in every case. Our law firm in Turkey specialized in criminal defense law, internationally realized and preferred by foreign companies and investors by courtesy of her credibleness, by her ability of finding loopholes in counter parties’ strategy and her mastery over theorical and practical knowledge on criminal act. MESCI Law Firm vigorously and effectively defends companies and their executives and individuals without making any discrimination or a preference on the type of crime as a ground rule.
According to Turkish Criminal Code, Article 1, the objective of the Criminal Code is to protect individual rights and freedoms, public order and security, the rule of law, peace in the community, public health and the environment and to prevent the commission of offences. In order to achieve this objective criminal responsibility, specific criminal offences, penalties and security measures are regulated under this statute. Adopting the principle of territoriality, Turkish Criminal Code shall be applied to all persons committed a crime in Turkey regardless of them being Turkish citizens or not. Main purpose of criminal proceedings is to reveal the material truth beyond a reasonable doubt. According to in dubio pro reo principle, a defendant may not be convicted by the court when doubts about his or her guilt remains. Main reason for adopting such a principle is that it certainly is more reasonable that impunity for a criminal is preferable to the conviction of an innocent. Article 38 of our Fundamental Law also emphasizes the importance of the presumption of innocence by indicating that no one can be considered guilty until proven guilty which is directly pointing out that this right is an absolute right that cannot be restricted even in extraordinary situations. MESCI Law Firm, with its dedicated and dynamic lawyers specialized in criminal law, is focused on representing the suspect or the accused in the best manner both in investigation and in prosecution phases by optimizing it’s resources. Our criminal lawyers deeply understand the sensitivity and complexity of being accused of a crime and/or being injured or suffered due to an action that constitutes crime and provide legal assistance to the aforementioned people by taking into account the rights and interests of suspects, accused and/or victims. We would like to emphasize that a criminal lawyer cannot defend or testify by taking place of the accused; however, by taking into account the rights and interests of the accused in a professional way, he can make statements in addition to the statement or defense given by the accused, meet with the accused in prison, ask questions on behalf of the accused, collect evidences in favor of the accused and present it to the court and/or the prosecutors’ office and do required procedural actions such as to present objection petitions against arrest orders monthly.
If there is a suspicion of a crime against you, the public prosecutors may initiate an investigation ex officio or upon request of a complainant. If you are facing a criminal charge, even if it seems minor, you should consider hiring a criminal lawyer because a conviction can have a lasting impact on your social life and career. Upon physical orientation of an accusation, your right to hire a criminal attorney starts. According to our law system, law enforcers shall not take your statement if your attorney is not present in the interrogation room. We would like to remind you that, the Code of Criminal Procedure also states that a statement taken by the law enforcers without the presence of a lawyer cannot be taken as a basis for a judgement unless it is confirmed by the suspect or the accused before a judge or court.
If you are not able to hire a lawyer, you can ask for a free lawyer to be authorized and the court will assign a public defender to your case. But if you ask for a public defender, your case can be followed up with limited resources and superficially because public defenders tend to handle massive caseloads and have an over work load. In such a case your defense may not be built with enough care that a private criminal attorney could. Each case is unique and shall be handled in deep care and effective manner. Therefore hiring the right legal counsel will definitely make a significant difference to the outcome of your case.
If you are in urgent need of a criminal lawyer in Turkey, please don’t hesitate to contact our law firm in Turkey. We are 7/24 on hotline and we come into contact fast in case of emergency.
OUR RANGE OF SERVICES AS CRIMINAL LAWYERS IN TURKEY
- Filing a complaint before the public prosecutors’ office, presenting evidences and a list of evidences to the public prosecutor.
- Following up both the investigation and prosecution phases, filing objections against KYOK (decision of non-prosecution) decision of the public prosecutor, filing objections against the bill of indictment.
- Obtaining search, seizure and arrest orders or presenting objections against search, seizure and
- To be present and issue statements on behalf of client as counsel of the defendant or counsel of the complainant before the Criminal Courts of Peace, the Criminal Courts of First Instance, the Assize Courts, the Juvenile Courts, the Juvenile Heavy Criminal Courts and the Criminal Courts for Protection of Intellectual and Industrial Property Rights and to follow up the prosecution phase to the end.
- Appealing the decision and applying for reversal in the interest of law.
- Being present and issuing statements while statement of the suspect or the accused is being taken.