Criminal Law

Criminal proceedings are a process that runs from the moment a suspicion of an offence arises until the judgment becomes final, and each stage of it has its own time limits and procedural rules. Our firm acts as defence counsel and represents the intervening party (victim) at the investigation stage (soruşturma) and the prosecution (trial) stage (kovuşturma) of this process.

The role of a criminal lawyer is that of defence counsel for a suspect or defendant, and that of legal representative for a person harmed by the offence. In both cases, the steps taken in the first week often determine the subsequent course of the case. Below you will find how the process works, which applications can be made at which stage, and answers to frequently asked questions.

What are the stages of criminal proceedings?

• Investigation stage. It begins when the Chief Public Prosecutor's Office learns of the suspicion of an offence; the collection of evidence, the taking of statements and decisions on protective measures take place at this stage. The stage ends with the acceptance of the indictment or with a decision of non-prosecution (KYOK).
• Prosecution (trial) stage. It begins with the acceptance of the indictment; hearings are held, the evidence is discussed and judgment is delivered.
• Appeal (istinaf). This is the application made to the Regional Court of Appeal against the judgment of the court of first instance. The time limit is two weeks from the date on which the judgment is served together with its reasoning (art. 273 of the Code of Criminal Procedure (CMK)).
• Appeal on points of law (temyiz). This is the application made to the Court of Cassation against decisions of the Regional Court of Appeal; it is limited to the cases in which the law allows such an appeal. The time limit is two weeks from service of the decision together with its reasoning (CMK art. 291).
• Individual application. Once the ordinary legal remedies have been exhausted, an application may be made to the Constitutional Court alleging a violation of a constitutional right, such as the right to a fair trial. For the time limit and procedure for the application, see our article Constitutional Court individual application: the thirty-day time limit and the UYAP trap (in Turkish).

What rights apply during police custody and the first statement?

The first hours of an investigation often determine the later stages of the case. A first statement given to law enforcement or at the prosecutor's office can become evidence that is difficult to explain afterwards. For this reason, it is important for the suspect to know their statutory rights.

• Right to remain silent. The suspect has the right not to make any statement about the offence of which they are accused, and must be reminded of this right before the statement is taken (CMK art. 147).
• Assistance of defence counsel. At every stage of the investigation and prosecution, the lawyer's right to meet the suspect, to be present while the statement is taken and to provide legal assistance cannot be prevented or restricted (CMK art. 149).
• Mandatory defence counsel. For offences carrying a minimum sentence of more than five years' imprisonment, and where the suspect is a child or is disabled to such a degree as to be unable to conduct their own defence, defence counsel is appointed without the need for a request (CMK art. 150).
• Length of police custody (gözaltı). Excluding the time strictly necessary to bring the person to the judge nearest to the place of arrest, police custody may not exceed twenty-four hours from the moment of arrest. For offences committed collectively, this period may be extended by written order of the public prosecutor, by no more than one day at a time, up to a maximum of three days (CMK art. 91).
• Notification of relatives. The situation of the person taken into custody is notified without delay to a relative of their choosing (CMK art. 95).
• Objection to police custody. An application may be made to the criminal judgeship of peace against the custody order and against the extension of the custody period; the judge decides on the application within twenty-four hours (CMK art. 91/5).

How can you object to decisions on pre-trial detention and judicial control?

Pre-trial detention (tutuklama) is the most severe protective measure used in criminal proceedings. The law makes this measure conditional on concrete evidence indicating a strong suspicion of an offence and on the existence of a ground for detention, such as a risk of absconding or of tampering with evidence (CMK art. 100). Where detention would not be proportionate, judicial control measures (adli kontrol) such as a ban on travelling abroad, reporting to the authorities at regular intervals or not leaving one's home may be applied (CMK art. 109).

• Authority hearing the objection. An objection against a detention order issued by a criminal judgeship of peace is made to the next criminal judgeship of peace in sequence within the same judicial district (CMK art. 268).
• Request for release. A detained person may request release at every stage of the investigation and prosecution; a reasoned decision is given on this request (CMK art. 104).
• Periodic review. During the investigation stage, whether detention should continue is reviewed by the criminal judge of peace at intervals of no more than thirty days (CMK art. 108).
• Modification of judicial control. The lifting of a judicial control obligation that has been imposed, or its replacement with a lighter measure, may be requested at any stage when circumstances change.

How does the process work for victims of crime?

A person harmed by an offence takes part in the process as a complainant at the investigation stage and as an intervening party at the prosecution stage. Representing the victim is important for submitting evidence in good time, following up the examination by the court-appointed expert and using legal remedies after the decision.

• Time limit for filing a complaint. For offences prosecuted only upon complaint, the complaint must be filed within six months of the date on which the act and the perpetrator became known; if this time limit is missed, no investigation can be conducted (art. 73 of the Turkish Penal Code (TCK)).
• Victim–offender reconciliation (uzlaştırma). For certain offences listed in the law, the case goes through a reconciliation stage. If reconciliation is reached and the agreed performance is fulfilled, a decision of non-prosecution is given at the investigation stage and a decision of discontinuation at the prosecution stage (CMK art. 253-254).
• Objection to a KYOK. An objection may be made to the criminal judgeship of peace against a decision of non-prosecution within the time limit (CMK art. 173).
• Compensation. An action for the compensation of pecuniary and non-pecuniary damage arising from the offence may be brought before a civil court, separately from the criminal proceedings.

HAGB, suspended sentences and alternative sanctions

Once a judgment of conviction has been delivered, various institutions that directly affect the consequences of the sentence come into play. Which of them can be applied depends on the type of offence, the length of the sentence and the defendant's criminal record.

• Deferral of the announcement of the verdict (HAGB). This may be applied where a prison sentence of two years or less or a judicial fine has been imposed. If no new intentional offence is committed during the supervision period and the obligations are complied with, the judgment is set aside and the case is discontinued (CMK art. 231). Under Law No. 7499, an appeal against HAGB decisions has been available since 1 June 2024.
• Suspension of a prison sentence. A prison sentence of two years or less may be suspended if the statutory conditions are met. For persons who were under eighteen or had reached the age of sixty-five at the date of the offence, this upper limit is three years (TCK art. 51).
• Alternative sanctions. A short prison sentence of one year or less may be converted into a judicial fine or into alternative sanctions such as community service (TCK art. 50).
• Criminal record. The removal of final convictions from the criminal record and the deletion of the archive record are subject to the conditions laid down in the Criminal Records Law No. 5352.

What work do we carry out at the investigation stage?

• Being present as defence counsel when statements are taken by law enforcement and the prosecutor and during questioning by the criminal judgeship of peace
• Objecting to custody orders and to the extension of the custody period
• Preparing objections to detention orders and requests for judicial control measures to be modified or lifted
• Submitting evidence and witness lists to the file and objecting to court-appointed expert reports
• Following files subject to a restriction order within the limits of the right to inspect the file
• Preparing petitions objecting to non-prosecution decisions before the criminal judgeship of peace
• Drafting complaints and criminal reports, and submitting evidence on behalf of the victim

What work do we carry out at the prosecution stage?

• Presenting the defence at hearings, calling witnesses and putting questions to witnesses
• Preparing the defence on the merits and written submissions
• Attending hearings as representative of the intervening party and following up the complaint
• Submitting requests for release and objections to decisions ordering continued detention
• Assessing requests relating to suspended sentences, alternative sanctions and the enforcement of sentences
• Preparing and filing appeal and appeal on points of law petitions within the time limits
• Filing applications for the deletion of criminal records and archive records

Types of cases we handle

• Offences against persons: intentional injury, negligent injury, threats, insult, violation of the inviolability of the home
• Offences against property: theft, fraud, breach of trust, damage to property
• Offences committed in the IT field: unlawful access to an information system, misuse of bank or credit cards, aggravated fraud. For details, see our IT and Internet Law page.
• Economic and commercial offences: uncovered cheques, forgery of official documents, tax evasion
• Offences arising from traffic and occupational accidents: negligent homicide and negligent injury, endangering traffic safety
• Offences against public administration: abuse of office, bribery, extortion by a public official

Which courthouses hear criminal cases on Istanbul's Anatolian side, in Kocaeli and in Sakarya?

Although our firm is located in Kadıköy, the competent court in criminal proceedings is, as a rule, determined by the place where the offence was committed. It is therefore necessary to establish at the outset which courthouse will hear the case. Files are monitored via UYAP and hearings are attended in person.

Criminal proceedings on Istanbul's Anatolian (Asian) side

Investigations into offences allegedly committed in districts of the Anatolian side such as Kadıköy, Ataşehir, Üsküdar, Maltepe and Kartal are, as a rule, conducted by the Istanbul Anatolian Chief Public Prosecutor's Office. The trial takes place before the criminal courts of first instance and the high criminal courts at the Istanbul Anatolian Courthouse in Kartal. Cases from the European side, by contrast, are heard at the Istanbul Courthouse. Appellate review of decisions of the courts in Istanbul is carried out by the criminal chambers of the Istanbul Regional Court of Appeal.

Criminal proceedings in Kocaeli

Cases from İzmit and the surrounding districts are heard at the Kocaeli Courthouse, and cases from Gebze and its surroundings at the Gebze Courthouse. Because of the concentration of industry, investigations into negligent injury and negligent homicide arising from occupational accidents are of particular significance in this region; in these cases, the occupational safety report of the court-appointed expert, which determines the apportionment of fault, is often decisive. For the legal aspects of occupational accidents, see our article Time limits after an occupational accident: SGK notification and the limitation period for compensation (in Turkish).

Criminal proceedings in Sakarya

In cases heard at the Sakarya Courthouse in Adapazarı and at the district courthouses, first-instance proceedings take place before the criminal courts of first instance and the high criminal courts. Appeals against decisions given in Kocaeli and Sakarya are lodged with the Sakarya Regional Court of Appeal; where an appeal on points of law is available against decisions of the Regional Court of Appeal, the file is sent to the Court of Cassation.

Related practice areas

• IT and Internet Law: cybercrime complaints, content removal and access blocking
• Constitutional Court and ECtHR Applications: individual applications after criminal proceedings
• Employment Law: workplace accidents and occupational safety obligations

To send us information about a criminal case of yours being heard on Istanbul's Anatolian side, in Kocaeli or in Sakarya, you can use our contact page or make an appointment at our office in Kadıköy. For individual application procedures before the Constitutional Court, you may also wish to look at our Constitutional Court and ECtHR Applications page.

The information on this page is general in nature and does not replace a legal opinion on a specific dispute.