Criminal law
Criminal law is the branch of law that regulates criminal acts, the sanctions to be applied to these acts, and the criminal justice process. Protecting social order, securing the rights of victims and ensuring the suspect or defendant's right to a fair trial are among the main objectives of criminal law.
In Istanbul, criminal law files come to the fore on a wide variety of issues due to population density, commercial activities, digital transactions, traffic, family disputes and economic relations. For this reason, it is important for people facing a criminal investigation or criminal case to manage the process correctly.
What is Criminal Law?
Criminal law is the field of law that determines which acts will be considered crimes and what penalties will be applied to these crimes. In accordance with the principle of legality in crime and punishment, no one can be punished for an act that is not regulated as a crime by law.
Criminal law does not only aim to punish. It also includes basic purposes such as protecting the victim, ensuring the defendant's right to defense, collecting evidence in accordance with the law and revealing the material truth.
In Which Laws Is Criminal Law Regulated?
The main material source of criminal law is the Turkish Penal Code No. 5237. The Turkish Penal Code regulates crimes, penalties, security measures, criminal liability and types of sanctions.
The procedure of criminal proceedings is determined by the Criminal Procedure Code No. 5271. Investigation, prosecution, testimony, detention, arrest, evidence collection, hearing and legal remedies are carried out within the framework of the provisions of the CMK.
What Subjects Does Criminal Law Cover?
Criminal law covers many different types of crimes and stages of trial. Each type of crime is evaluated with its own elements, evidence and sanctions.
| Area | Explanation |
|---|---|
| Investigation | It is the stage where the suspicion of crime is investigated by the prosecutor's office. |
| Prosecution | It is the court phase that begins with the acceptance of the indictment. |
| Statement and defense | It is the process in which the statements of the suspect or defendant are taken. |
| Detention and arrest | They are protection measures that limit freedom. |
| judicial control | It is a lighter measure that can be applied instead of arrest. |
| Conciliation | It is the process in which the possibility of agreement between the parties is evaluated in some crimes. |
| criminal case | It is the trial process in which the court examines the evidence and makes a decision. |
| Appeal and appeal | These are legal remedies that can be applied against decisions. |
What Does a Criminal Lawyer Do?
A criminal lawyer provides legal support to protect the rights of the suspect, defendant, victim or participating party during the investigation and prosecution process. Examining the file, testimony process, evaluation of evidence and preparation of defense strategy are the basic parts of this support.
The correct defense in criminal cases is not limited to just narrating the incident. The elements of the crime, legality of the evidence, intent, fault, victim statements, expert reports and trial procedure should be evaluated together.
What is the Investigation Phase?
The investigation phase is the phase in which the suspicion that a crime has been committed is investigated by the prosecutor's office. At this stage, the public prosecutor collects evidence, takes suspect and witness statements, and may request law enforcement units to conduct an investigation.
At the end of the investigation, if the prosecutor's office finds sufficient suspicion, it issues an indictment. If there is not sufficient suspicion, a decision may be made that there is no need for prosecution.
What is the Prosecution Phase?
Prosecution is the phase of criminal proceedings that begins with the acceptance of the indictment by the court. At this stage, the defendant is tried before the court and the evidence is evaluated at the hearing.
Court; It decides by evaluating the defendant's defense, victim statement, witnesses, expert reports and other evidence. At the end of the trial, acquittal, conviction, no punishment or another decision may be made.
Difference Between Suspect and Accused
“Suspect” and “defendant” refer to different stages in criminal proceedings. During the investigation phase, a person suspected of a crime is a suspect.
Once the indictment is accepted and a criminal case is filed, the person becomes the defendant. This distinction is important in determining which rights a person has at which stage.
What is a Victim and a Participant?
The victim is the person who is directly harmed by the crime. In some cases, the victim may need to request participation in the case in order to exercise his or her rights in a criminal case.
If the court accepts the request to participate, the victim gains the title of "participant". The participant can attend hearings, present evidence and take legal action against certain decisions.
Statement Taking Process
Taking statements is one of the most critical stages of a criminal investigation. The suspect makes a statement about the incident before the law enforcement or prosecutor's office.
Before giving a statement, it is important to evaluate the content of the file and know the person's rights. Statements that are contradictory, incomplete or given without considering the legal consequences may cause problems in the following stages.
The Right to Silence and the Right to Defense
The suspect or defendant has the right to remain silent. A person cannot be forced to make an incriminating statement.
The right to defense is one of the fundamental guarantees of criminal proceedings. The defendant's right to benefit from legal assistance, present evidence, hear witnesses and respond to the allegations against him is within the scope of this right.
What is Detention?
Detention means keeping the captured person under law enforcement supervision for a certain period of time. Detention may be applied when deemed necessary for the investigation.
It is important to protect the rights of the person during detention. Notifying relatives, meeting with a lawyer, health check-up and taking legal action are among the basic safeguards.
What is Arrest?
Detention is the temporary deprivation of liberty of a suspect or defendant during the trial process. Arrest is not a punishment, it is a protective measure.
According to the CMK, for arrest, there must be concrete evidence showing strong suspicion of crime and a reason for arrest. In addition, arrest should be proportionate and it should be evaluated whether lighter measures such as judicial control will be sufficient.
What is Judicial Control?
Judicial control is a lighter protective measure that can be applied instead of arrest. Obligations such as a ban on traveling abroad, signing signatures on certain days, not leaving the house or not meeting certain people may be imposed.
Judicial control is a measure that limits personal freedom less than arrest. The court evaluates whether judicial control will be sufficient instead of arrest, depending on the circumstances of the concrete case.
Search and Seizure
Search and seizure operations may be carried out to obtain evidence in criminal investigations. Home, workplace, vehicle, computer, telephone or digital materials may be subject to these transactions.
Search and seizure operations must be carried out in accordance with the law. Evidence obtained illegally may be a matter of dispute in criminal proceedings and may not be taken as basis for a verdict in some cases.
Digital Evidence
Today, digital evidence has an important place in criminal files. Phone records, messaging, social media content, IP records, camera images, bank transactions and computer data can be used as evidence.
The reliability of digital evidence, how it was obtained and its connection to the file should be carefully examined. Digital evidence can be decisive, especially in cybercrime, fraud, insult, threat and privacy cases.
Evidence in Criminal Cases
In criminal cases, evidence is used to reveal material facts. However, the evidence must be obtained in accordance with the law.
| Type of Evidence | Area of Use |
|---|---|
| witness statement | It can explain how the event happened. |
| victim statement | It contains the statements of the person who was harmed by the crime. |
| camera recording | It can show the moment of the event or the movements of people. |
| phone records | It can be used in communication and location evaluation. |
| Messages and correspondence | It is important in files such as insults, threats and fraud. |
| expert report | It is taken in subjects that require technical or expertise. |
| forensic report | Indicates injury or health condition. |
| Bank records | It is used in cases of fraud, embezzlement or financial crimes. |
| digital materials | Includes computer, telephone and data records. |
Illegal Evidence
In criminal proceedings, evidence must be obtained in accordance with the law. Evidence obtained illegally may not be used against the defendant.
For example, unauthorized recording, illegal searches, or digital data obtained without complying with legal requirements may be subject to dispute. For this reason, the method of obtaining evidence should be carefully examined from the perspective of the defense.
What is Conciliation?
Mediation is an alternative solution for some crimes in which the possibility of agreement between the victim and the suspect or defendant is evaluated. The mediation process is a special institution within criminal procedure.
Not every crime is subject to mediation. The type of crime, whether it is based on a complaint or not, and the legal regulation are decisive in this regard.
Crimes Based on Complaint
The investigation and prosecution of some crimes depends on the complaint of the victim. A complaint may be required for crimes such as insult, simple injury, some forms of threat and damage to property.
As a rule, the complaint period starts as soon as the act and the perpetrator become known. Missing the deadline may lead to loss of right to investigation.
Don't Give Up Complaint
In crimes based on complaints, the victim's withdrawal from the complaint may affect the outcome of the case. However, not every crime depends on a complaint.
In crimes that are not based on a complaint, the victim's withdrawal of the complaint may not automatically end the prosecution or court process. Therefore, the nature of the crime must be determined correctly.
Most Frequently Seen Criminal Cases
Criminal law is a very broad field. In practice, some types of crimes occur more frequently.
| Crime Type | Explanation |
|---|---|
| Insult | Words that attack a person's honor, dignity and respect |
| Threatening | Intimidating a person that harm will be done to him/her or someone close to him/her |
| Intentional injury | Damage to a person's physical integrity |
| Fraud | Causing harm to someone else through fraudulent behavior |
| Theft | Taking someone else's property without consent |
| abuse of trust | Use of delivered goods or money for purposes other than their intended purpose |
| Forgery of official documents | Forging or using an official document |
| drug crimes | Allegations of use, possession or dealing |
| cyber crimes | Crimes committed through digital systems and data |
| sexual crimes | Crimes against sexual immunity |
Crime of Insult
The crime of insult can be committed with words or actions that may offend a person's honor, dignity and respect. It can happen face to face, over the phone, via text, or on social media.
Not every rude word constitutes the crime of insult. The context of the statement, the relationship of the parties, the development of the event and the weight of the statement are evaluated together.
Threat Crime
The crime of threat is the intimidation of a person that an unjust harm will be done to him or his relatives. The threat can be committed verbally, by message, via social media, or by behavior.
The threat must be serious and capable of creating fear in the victim. More severe consequences may occur if it is committed with a weapon, more than one person or special methods.
Fraud Crime
Fraud is the act of deceiving a person through fraudulent behavior and obtaining benefits at the expense of that person or someone else. Fraud files are frequently seen on the internet, banks, false advertisements, investment promises or commercial relationships.
In fraud cases, fraud, damage, benefit and the intent of the perpetrator are carefully examined. Bank records, correspondence, advertisements and witness statements are among the important evidence.
Drug Crimes
Drug crimes cover different types of crimes, such as possession of drugs for use and drug trafficking. TCK Article 188 and TCK Article 191 are among the most frequently discussed articles in this field.
In drug files, the amount of the substance, the way it was seized, communication records, search reports and criminal reports are important. The distinction between intended use and commercial intent may affect the outcome of the case.
Computer Crimes
Cyber crimes include crimes committed through computers, the internet, bank accounts, social media and digital systems. Account takeover, fake site, debit card fraud and data tampering are common in this area.
IP records, log records, bank transactions, device inspection and digital evidence are important in these files. It should also be evaluated whether the technical evidence was obtained in accordance with the law.
Sexual Crimes
Sexual crimes are one of the most sensitive areas of criminal law. Crimes such as sexual assault, sexual harassment, sexual abuse of children and sexual intercourse with a minor are included in this scope.
In these files, victim statements, forensic reports, psychological evaluations, witness statements and digital evidence are carefully examined. The legal process requires great care for both the victim and the defendant.
Economic and Financial Crimes
Tax evasion, money laundering, embezzlement, bribery, forgery of official documents, use of bank accounts and crimes committed through the company can be evaluated within the scope of economic and financial crimes.
Commercial records, bank transactions, company documents, MASAK reports, tax inspection reports and expert examinations play an important role in these files. Criminal law and commercial and tax law should be evaluated together.
Court Process in Criminal Case
The criminal case begins with the acceptance of the indictment. The court determines a hearing date, the defendant and the parties are heard, evidence is collected and, if necessary, an expert examination is conducted.
At the end of the trial, the court decides whether the crime is proven or not. Decisions such as conviction, acquittal, no punishment, dismissal of the case, or postponement of the announcement of the verdict may come to the fore.
Acquittal Decision
Acquittal is the court's acceptance that the defendant did not commit the crime charged or that the elements of the crime did not occur. Insufficient evidence, the fact that the act does not constitute a crime, or the inability to establish a connection with the defendant may be grounds for acquittal.
The principle that the defendant gets the benefit of doubt is important in criminal proceedings. For conviction, the crime must be proven beyond all doubt, with clear and convincing evidence.
Postponement of Announcement of the Judgment
Postponement of the announcement of the verdict means postponing the announcement of the sentence given under certain conditions. If the defendant complies with the obligations within the supervision period, the sentence may be annulled.
HAGB decision does not apply to every crime and every defendant. The type of crime, the amount of the penalty, the defendant's history and legal conditions are evaluated together.
Judicial Fine
Judicial fine is a type of sanction in criminal law that is an alternative to imprisonment or directly applied in some crimes. The court may impose a judicial fine according to the conditions in the law.
If the judicial fine is not paid, certain legal consequences may arise. Therefore, the content of the decision and the payment process should be followed carefully.
Suspension
Postponement of a prison sentence means that the court binds the execution of the sentence to a period of supervision under certain conditions. The personal situation of the defendant, the nature of the crime and the amount of punishment are important in this evaluation.
A postponement decision does not mean that the penalty is completely eliminated. Audit duration and obligations should be followed carefully.
Appeal and Appeal
Legal remedies may be taken against criminal court decisions. The appeal allows the decision to be reviewed by the regional court of justice.
Appeals are also possible for some decisions. Appeal review is carried out by the Supreme Court. If the legal remedy deadlines are missed, the decision may become final.
Criminal Law Processes in Istanbul
Criminal investigations and cases in Istanbul; It can be carried out in Istanbul Courthouse, Istanbul Anatolian Courthouse, Bakırköy Courthouse and other authorized courthouses. The courthouse where the file will be heard may vary depending on the scene of the incident, the status of the parties and the investigation authority.
Due to the density of files in Istanbul, criminal cases must be followed carefully. Hearing dates, evidence requests, expert reports and legal remedy periods should be checked regularly.
Why is Lawyer Support Important in Criminal Law?
Criminal law can have serious consequences that directly affect personal freedom and criminal record status. For this reason, it is important to get legal support from the investigation stage.
Lawyer support is important in terms of reading the file correctly, evaluating the evidence, managing the statement process, applying against arrest and judicial control decisions, and establishing an effective defense.
Legal Support from Attorney Mehmet Emin Kurşun
Early intervention in criminal law cases can have a significant impact on the outcome of the case. Correct execution of statement, evidence, arrest and complaint processes during the investigation phase reduces the risk of loss of rights.
Attorney Mehmet Emin Kurşun provides legal support in Istanbul in the fields of criminal law, serious criminal cases, investigation files, objection to arrest decision, insult, threat, fraud, drug crimes, cyber crimes, forgery and economic crimes.
Things to Know Before Starting the Legal Process
It is important for people facing a criminal investigation or criminal case to evaluate the scope of the case before testifying or submitting documents. Victims must protect their evidence before it is lost and initiate the process quickly.
It is important for people who have a dispute in the field of criminal law in Istanbul to receive legal support at the beginning of the process. A properly prepared defense or complaint helps protect rights more effectively.
Frequently Asked Questions
What is criminal law?
Criminal law is the branch of law that regulates acts considered crimes, the penalties to be applied to these acts, and the criminal justice process.
In which laws is criminal law regulated?
The main material source of criminal law is the Turkish Penal Code No. 5237. The procedure of criminal proceedings is regulated by the Criminal Procedure Code No. 5271.
What is the investigation phase?
Investigation is the stage where suspicion of crime is investigated by the prosecutor's office. At this stage, evidence is collected, statements are taken and the prosecutor's office decides whether to file a lawsuit.
What is the prosecution phase?
Prosecution is the phase of criminal proceedings that begins with the acceptance of the indictment by the court. The defendant is tried before the court.
What is the difference between suspect and defendant?
During the investigation phase, a person suspected of a crime is a suspect. After the indictment is accepted and the lawsuit is filed, the person becomes the defendant.
Is arrest a punishment?
No. Arrest is not a punishment, but a temporary protection measure applied in criminal proceedings.
What is judicial control?
Judicial control is a lighter protective measure that can be applied instead of arrest. Measures such as signature obligation, ban on going abroad or not leaving the house may be applied.
What does acquittal mean in a criminal case?
Acquittal is the court's decision that the defendant did not commit the crime charged or that the elements of the crime did not occur.
Is a lawyer mandatory in a criminal case?
A lawyer is not mandatory in every criminal case. However, in some serious crimes, compulsory defense is applied. In all cases, legal support is important for the effective use of the right to defense.
Why is criminal law lawyer support important in Istanbul?
Criminal cases in Istanbul may involve intense and technical processes. Legal support reduces the risk of loss of rights during the investigation, testimony, arrest, evidence and hearing stages.
