What Is Criminal Law?
Criminal law governs acts defined as offences, the penalties prescribed for them and the principles of criminal liability, with the aim of protecting public order. In Türkiye, its principal sources include the Turkish Criminal Code No. 5237 (TCK) and the Code of Criminal Procedure No. 5271 (CMK), which governs criminal proceedings.
Criminal law concerns more than the punishment of people alleged to have committed an offence. It also encompasses the protection of suspects’ and defendants’ rights, legal safeguards for victims and the right to a fair trial. Everyone is presumed innocent until proven guilty by a final court judgment.
A criminal case may involve several stages, from the investigation initiated when a suspected offence comes to the authorities’ attention, through court proceedings and appeals. These stages may involve taking statements, assessing evidence, police custody, detention on remand or judicial supervision.
Legal assistance in criminal cases can help individuals exercise their defence rights effectively, assess procedural steps and keep track of applicable deadlines, depending on the circumstances of the case. Aslı Şahin Karakaya, Attorney at Law, provides legal advice and representation in criminal matters in Küçükçekmece and throughout Istanbul.
Our Criminal Law Practice Areas
Criminal investigations and prosecutions can directly affect personal liberty and fundamental rights. Aslı Şahin Karakaya, Attorney at Law, provides legal advice, defence and representation for suspects, defendants, victims and complainants in criminal matters in Küçükçekmece and throughout Istanbul.
Investigations and Statements
Protection of suspects’ rights, assessment of evidence and legal assistance during questioning, police custody and public prosecutors’ investigations.
Criminal Courts of First Instance
Preparation of the defence and representation at hearings and throughout proceedings concerning offences within the jurisdiction of Criminal Courts of First Instance.
High Criminal Court Cases
Review of case files, assessment of evidence and conduct of the defence in proceedings before High Criminal Courts.
Detention on Remand and Judicial Supervision
Legal review of detention and judicial supervision orders, preparation of objections and management of applications.
Representation of Victims and Complainants
Legal representation and protection of the rights of people affected by crime when filing complaints, submitting evidence and applying to participate in criminal proceedings.
Appeals and Objections
Assessment of the remedies available against decisions in criminal proceedings and management of the relevant applications.
Criminal Investigation and Prosecution
Criminal procedure aims to establish, through lawful methods, whether an offence has been committed and who is responsible for the alleged act. Under the Code of Criminal Procedure No. 5271 (CMK), proceedings have two main stages: investigation and prosecution.
Criminal Investigation
The stage that begins when a suspected offence comes to the authorities’ attention. Evidence is collected, the suspect may be questioned and the public prosecutor assesses whether to bring a prosecution.
Criminal Prosecution
The court proceedings that begin when the indictment is accepted. The court assesses the evidence, holds hearings and delivers its judgment.
What Is the Difference Between Investigation and Prosecution?
The investigation primarily seeks to examine the suspected offence and determine whether there are sufficient grounds to bring a prosecution. During prosecution, the court assesses the act described in the indictment and the defendant’s criminal liability in accordance with procedural rules.
At both stages, fundamental legal safeguards include the right to a fair trial, the presumption of innocence, access to defence counsel and the right to a defence.
Police Custody, Statements and Suspects’ Rights
Being called to give a statement or taken into police custody during a criminal investigation does not establish that a person has committed an offence. Under the presumption of innocence, everyone is presumed innocent until legally proven guilty.
What Is Police Custody?
Police custody is the temporary restriction of an arrested person’s liberty to carry out investigative procedures, subject to the conditions and time limits prescribed by law. It is not required in every investigation.
The lawfulness of police custody is assessed in light of the circumstances and the Code of Criminal Procedure. Custody periods and the remedies available to challenge custody are also prescribed by law.
What Does Giving a Statement Involve?
Taking a statement involves law enforcement officers or the public prosecutor questioning a suspect about the offence under investigation.
Before questioning, the suspect must be informed of the alleged offence, the right to choose and receive assistance from defence counsel, and the right to remain silent in relation to the allegation.
The Lawyer’s Role During Custody and Questioning
Steps taken at the beginning of a criminal investigation can affect the subsequent course of the case. Defence counsel helps ensure that suspects understand their rights, questioning is conducted lawfully and relevant applications are considered.
Aslı Şahin Karakaya, Attorney at Law, provides legal advice and defence services concerning criminal investigations, statements and police custody in Küçükçekmece and throughout Istanbul.
Assistance from Defence Counsel
A suspect has the right to legal assistance subject to the procedures and conditions prescribed by law.
The Right to Remain Silent
A suspect is not required to make a statement about the allegation. Exercising the right to remain silent cannot, on its own, be treated as evidence of guilt.
Information About the Allegation
Suspects must be informed of the offence alleged against them and their other statutory rights.
Evidence in the Suspect’s Favour
Suspects may request the collection of specific evidence that could rebut the allegation or support their defence.
Key legal information
Being taken into police custody does not mean that a person is guilty. The presumption of innocence is a fundamental safeguard in criminal proceedings.
Detention on Remand and Judicial Supervision
During an investigation or prosecution, statutory protective measures may be used for purposes such as preserving evidence or ensuring that a suspect or defendant attends proceedings. Detention on remand and judicial supervision are distinct measures under the Code of Criminal Procedure, each subject to specific conditions.
Detention on Remand
Detention on remand is a protective measure ordered by a judge or court where specific evidence establishes strong suspicion of an offence and statutory grounds for detention exist.
- Specific evidence establishing strong suspicion of an offence
- Statutory grounds for detention and proportionality
- Assessment of why judicial supervision would be insufficient
Judicial Supervision
Judicial supervision is a protective measure that may be imposed as an alternative to detention on remand. It requires compliance with specified obligations, determined according to the circumstances of the case.
- Regular reporting to designated authorities
- Restrictions such as a prohibition on leaving the country
- Other obligations prescribed by law
How Does Detention on Remand Differ from Judicial Supervision?
Detention on remand temporarily deprives a person of liberty, whereas judicial supervision imposes specific obligations as an alternative. Neither measure amounts to a conviction, and both are subject to statutory conditions.
Challenging Detention and Judicial Supervision Orders
Detention and judicial supervision orders may be challenged through the procedures prescribed by law. Where the relevant conditions are met, applications may also be made for release from detention or for judicial supervision obligations to be varied or lifted.
Criminal Courts of First Instance and High Criminal Courts
Criminal Court of First Instance
Hears criminal cases that legislation does not assign to another court. Its jurisdiction depends on the nature of the offence and the applicable legislation.
High Criminal Court
Hears cases involving offences expressly assigned to it by law and offences carrying penalties of a specified severity. Its jurisdiction is determined by statute.
How Is the Competent Criminal Court Determined?
The legal classification of the alleged act, the statutory penalty range and any special rules assigning jurisdiction are considered when identifying the competent court.
The court that hears a case cannot be determined solely by how serious the offence is perceived to be. The legal classification of the specific facts and the applicable statutory provisions must guide the assessment.
Legal Assistance Before Criminal Courts of First Instance and High Criminal Courts
Preparing the defence, assessing evidence, attending hearings and pursuing appeals may require different legal assessments depending on the nature of the criminal case.
Aslı Şahin Karakaya, Attorney at Law, provides legal advice and defence services in cases before Criminal Courts of First Instance and High Criminal Courts in Küçükçekmece and throughout Istanbul.
Types of Offences and Criminal Cases
Criminal law covers a broad range of offences against life, physical integrity, property, personal liberty and public order. Each offence has distinct statutory elements, sanctions, evidential issues and procedural requirements.
In investigations and prosecutions under the Turkish Criminal Code and relevant special legislation, it is important to assess the legal nature of the specific facts accurately and exercise defence rights effectively.
Intentional Injury
The statutory elements and aggravated forms of intentional injury, assessment of evidence and the criminal proceedings involved.
Intentional Killing
Investigation of intentional killing, legal classification of the offence, review of evidence and proceedings before High Criminal Courts.
Theft and Robbery
The legal elements and aggravated forms of theft and robbery as offences against property, and the related criminal proceedings.
Fraud
Assessment of deceptive conduct, evidence and criminal liability in cases of fraud and aggravated fraud.
Threats and Insult
The statutory elements of threats and insult, complaint requirements, evidence and the relevant criminal procedures.
Sexual Offences
Investigations, assessment of evidence and criminal proceedings concerning sexual assault, sexual abuse of children and related offences.
Evidence and the Defence Process in Criminal Cases
Evidence plays an important role in determining whether an offence was committed and whether the defendant committed the alleged act. However, the existence of evidence does not, by itself, justify a conviction. Evidence must be obtained lawfully, be reliable and be assessed alongside the other evidence.
The right to a defence safeguards the ability of suspects and defendants to respond to allegations on factual and legal grounds, present evidence and participate effectively in proceedings.
What Evidence Is Used in Criminal Cases?
Police custody is the temporary restriction of an arrested person’s liberty to carry out investigative procedures, subject to the conditions and time limits prescribed by law. It is not required in every investigation.
The lawfulness of police custody is assessed in light of the circumstances and the Code of Criminal Procedure. Custody periods and the remedies available to challenge custody are also prescribed by law.
What Evidence Is Used in Criminal Cases?
Different types of evidence may be considered during investigation and prosecution, depending on the circumstances of the case.
Witness statements: Accounts obtained in accordance with procedural rules from people with knowledge of the events.
CCTV and video recordings: Visual evidence relating to how the events occurred.
Digital evidence: Lawfully obtained data from phones, computers and other electronic sources.
Expert reports: Assessments of matters requiring specialist or technical knowledge.
Documents and records: Written documents, official records and other relevant materials.
The evidential weight of each item is assessed in light of how it was obtained and its connection to the facts of the case.
The Right to a Defence in Criminal Cases
The right to a defence is a fundamental element of the right to a fair trial. Subject to statutory conditions, suspects and defendants may receive assistance from defence counsel, request the collection of evidence in their favour and respond to the allegations.
Defence work extends beyond oral submissions at a hearing. It also includes reviewing evidence in the case file, raising procedural objections, making legal submissions and pursuing available remedies.
The Lawyer’s Role in Criminal Cases
Defence counsel provides legal assistance to suspects and defendants in exercising their defence rights.
Reviewing the case file, assessing the lawfulness of evidence, preparing the defence, attending hearings and making necessary legal applications are important aspects of defence representation.
The Requirement for Lawfully Obtained Evidence
Material obtained unlawfully is assessed under the Constitution and the rules of criminal procedure.
Appeals and Cassation in Criminal Cases
Decisions of first-instance criminal courts may be reviewed by higher courts subject to statutory conditions. An appeal to a Regional Court of Appeal (istinaf) and an appeal on points of law to the Court of Cassation (temyiz) are distinct remedies for reviewing judicial decisions.
Their scope, deadlines and review procedures differ. The available remedy depends on the nature of the decision and the provisions of the Code of Criminal Procedure.
What Is an Appeal to a Regional Court of Appeal?
An appeal (istinaf) is an ordinary remedy through which a Regional Court of Appeal reviews a judgment of a first-instance criminal court.
Depending on the scope of the appeal and the case, the review may address procedural issues, factual findings and legal assessments. A further hearing may be held where the statutory conditions are met.
What Is an Appeal to the Court of Cassation?
An appeal on points of law (temyiz) allows the Court of Cassation (Yargıtay) to review eligible decisions of Regional Courts of Appeal for compliance with the law.
The primary purpose of cassation review is to assess the lawfulness of the decision. Not every decision of a Regional Court of Appeal is eligible for this further appeal.
How Do Appeal and Cassation Differ?
A Regional Court of Appeal reviews a first-instance court’s decision. Depending on the applicable conditions, its review may cover both factual and legal issues.
The Court of Cassation reviews eligible decisions for compliance with the law.
For both remedies, the decisions that may be challenged, the limits of review and the applicable procedures are prescribed by law.
Time Limits for Appeal and Cassation in Criminal Cases
The Code of Criminal Procedure prescribes time limits for applications to the Regional Courts of Appeal and the Court of Cassation.
Under the current general rules, applications for either remedy are subject to a two-week period from service of the reasoned judgment. The date and nature of the decision and any applicable transitional provisions must also be assessed.
Missing a deadline may result in the loss of the right to appeal. The decision and the details of its service therefore require careful review.
First-Instance Court
A Criminal Court of First Instance or a High Criminal Court delivers judgment following the proceedings. An appeal may be brought where the statutory conditions are met.
Regional Appeal Review
The Regional Court of Appeal reviews eligible judgments subject to the applicable application and review requirements. A further hearing may be held where necessary.
Cassation Review
Eligible decisions of Regional Courts of Appeal may be reviewed by the Court of Cassation for compliance with the law. Not every regional appeal decision is open to cassation.
Please note: This diagram shows the general sequence of appeals. Not every criminal case goes through both stages. Eligibility and review requirements depend on the nature of the decision and the applicable legislation.
Appeal Applications in Criminal Cases
Preparing an appeal involves examining the court’s reasoning, the evidence in the file, procedural steps and any grounds on which the decision may be challenged as unlawful.
Aslı Şahin Karakaya, Attorney at Law, provides legal assistance with preparing and pursuing criminal appeals before Regional Courts of Appeal and the Court of Cassation in Küçükçekmece and throughout Istanbul.
Where Are Criminal Cases Heard in Küçükçekmece?
Criminal cases falling within the relevant subject-matter and territorial jurisdiction in Küçükçekmece are heard by the criminal courts at Küçükçekmece Courthouse. The courthouse includes Criminal Courts of First Instance, High Criminal Courts and Juvenile Courts, as well as Criminal Judgeships of Peace that handle designated matters during criminal investigations.
Which Criminal Courts Are Located at Küçükçekmece Courthouse?
Criminal Courts of First Instance
33 CourtsHear criminal cases that the law does not assign to other courts.
High Criminal Courts
8 CourtsHear cases involving offences and penalty ranges specified by law.
Juvenile Courts
2 CourtsConduct proceedings involving children alleged to have committed offences, within their statutory jurisdiction.
Criminal Judgeships of Peace
4 JudgeshipsMay decide on investigative measures prescribed by law, including detention on remand and judicial supervision.
Küçükçekmece Courthouse
The territorial jurisdiction of Küçükçekmece Courthouse covers the districts of Küçükçekmece, Başakşehir and Avcılar. However, the competent court in a particular criminal case is determined under the Code of Criminal Procedure and any relevant special provisions.
Kartaltepe Mahallesi,
Malazgirt Caddesi No: 2-4
34295 Küçükçekmece / Istanbul
Use Sefaköy station on the Metrobus or the Küçükçekmece Adalet Sarayı bus stop.
Frequently Asked Questions About Criminal Law
Criminal investigations and proceedings can raise many questions about giving statements, police custody, detention on remand, court proceedings and appeals. The answers below provide general information on frequently asked questions about criminal law.
The duration depends on the nature of the offence, the scope of the evidence, witness testimony, expert examinations and the court’s workload. There is no fixed completion period that applies to every case.
You should establish the capacity in which you are being called and the nature of the alleged act. Suspects must be informed of their legal rights and be able to exercise their right to assistance from defence counsel. Whether the summons complies with procedural requirements is also relevant.
Yes. Suspects may receive assistance from defence counsel during the investigation. Counsel must be appointed in circumstances where representation is mandatory by law.
Not necessarily. Depending on the investigation, the person may be released or brought before a judge. Custody periods and the conditions for extending them are regulated by the Code of Criminal Procedure.
No. Detention on remand is a temporary protective measure, not a conviction or a sentence. The presumption of innocence continues to apply until guilt is established by a final court judgment.
Not always. Withdrawal may lead to dismissal where prosecution depends on a complaint and the statutory conditions are met. It does not generally end proceedings for offences prosecuted independently of a complaint. Its effect must be assessed for the offence and the circumstances of the case.
Article 223 of the Code of Criminal Procedure sets out the grounds for acquittal. These include failure to establish that the defendant committed the alleged offence, conduct that is not defined as an offence, and other circumstances specified by law.
Yes, where the statutory conditions are met. Depending on the type of decision, an objection, an appeal to a Regional Court of Appeal or an appeal to the Court of Cassation may be available. The applicable remedy and deadline must be assessed for the particular decision.
Defence representation is not mandatory in every criminal case. However, the Code of Criminal Procedure requires the appointment of defence counsel in specified circumstances. Legal assistance can also help with preparing the defence, assessing evidence and meeting procedural deadlines.
No. Bringing a prosecution does not establish guilt. The court assesses the evidence and the applicable law; the outcome may be an acquittal or another decision provided for by law. Everyone is presumed innocent until proven guilty by a final court judgment.
Learn More About Criminal Law
Informative articles on criminal cases, investigations and legal rights.
Loading articles...
Aslı Şahin Karakaya, Attorney at Law
Over 20 Years of Legal Experience
Aslı Şahin Karakaya graduated from Marmara University Faculty of Law in 2002. After completing her legal traineeship, she began practising independently in Küçükçekmece, Istanbul.
She provides legal advice and representation in criminal investigations and prosecutions, questioning by law enforcement, prosecutors and judges, applications concerning police custody and detention on remand, defence before Criminal Courts of First Instance and High Criminal Courts, and appeals to Regional Courts of Appeal and the Court of Cassation.
With over 20 years of professional experience, she handles criminal cases, assesses evidence from a legal perspective and conducts defence work in Küçükçekmece and throughout Istanbul.
Also active in mediation since 2014, Aslı Şahin Karakaya takes an approach grounded in careful legal assessment and transparent communication, taking account of the particular circumstances of each case.
Contact Us About Your Criminal Law Questions
Contact us for legal information and advice on criminal investigations, police custody, detention on remand, criminal cases and defence rights.
