Criminal Law is a branch of public law that regulates crimes and punishments, and determines the legal consequences of criminal acts. A Criminal Defense Lawyer provides legal support to suspects, defendants, or victims throughout the criminal proceedings. Criminal law is divided into two main branches:
- General Criminal Law
- Special Criminal Law
General Criminal Law covers the concept of crime, criminal liability, the reasons for eliminating or reducing punishments, and general principles. Special Criminal Law deals with each type of crime defined in the Turkish Penal Code (TPC), such as murder, theft, and fraud, separately.
Criminal Cases and Courts
Criminal cases are public prosecutions initiated with the acceptance of an indictment filed by the public prosecutor. These proceedings are carried out in accordance with the provisions of the Code of Criminal Procedure (CCP). If the prosecutor determines sufficient suspicion, filing a public lawsuit becomes mandatory.
Courts of Criminal Jurisdiction:
- High Criminal Court (Ağır Ceza Mahkemesi): Handles serious crimes with a minimum penalty of 10 years or explicitly stated under the law.
- Criminal Court of First Instance (Asliye Ceza Mahkemesi): Deals with lighter offenses (e.g., insult, simple assault).
Specialized Criminal Courts:
- Juvenile Court and Juvenile High Criminal Court
- Criminal Court for Intellectual and Industrial Property Rights
- Enforcement Criminal Court
- Criminal Judgeship of Peace: Rules on protection measures during the investigation phase.
Fundamental Principles of Criminal Law
- Principle of Legality in Crimes and Punishments
According to TPC Article 2 and Constitution Article 38, a person may only be punished for an act that is clearly defined as a crime by law. - Principle of Fault
TPC Article 20: Criminal liability is personal. A person without fault cannot be punished. - Principle of Clarity
Criminal norms must be clear and understandable so individuals can foresee the legal consequences of their actions. - Prohibition of Analogy
TPC Article 2/3: Analogy and extensive interpretation are prohibited in criminal law. - Principle of Individual Criminal Responsibility
Only natural persons who commit a crime can be punished. Legal entities cannot be punished, but security measures may be applied (TPC Article 20/2). - Principle of Equality Before the Law
TPC Article 3 and Constitution Article 10: Criminal laws are applied equally to everyone. - Territoriality Principle
If a crime is committed within the borders of the Republic of Turkey, Turkish Penal Code applies (TPC Article 8). - Non-Retroactivity of Criminal Laws
Criminal laws do not apply retrospectively, except when favorable to the accused (TPC Article 7).
Types of Crimes (Under the TPC)
According to the Form of Action:
- Crimes of Free Action: Not restricted to a specific act (e.g., insult).
- Crimes by Commission (Positive Acts): The crime is committed through active behavior (e.g., theft).
- Crimes by Omission: Failure to perform a legally required action (e.g., a mother not feeding her baby).
- Composite Crimes: Crimes consisting of multiple acts together (e.g., bribery).
Main Types of Crimes and Applications
Intentional Homicide (TPC Article 81)
Killing a person intentionally and deliberately. The basic form is punishable by life imprisonment.
Involuntary Manslaughter (TPC Article 85)
Causing death due to negligence or lack of due care. Punishment ranges from 2 to 6 years of imprisonment (increased in case of aggravating circumstances).
Drug-Related Offenses (TPC Articles 188–191)
Crimes involving the manufacture, import, export, and trafficking of narcotic drugs. Penalties range up to aggravated life imprisonment or 30 years.
- Possession for personal use (TPC Article 191): Subject to treatment and probationary measures.
Criminal Defense Services We Provide
Within the scope of the Turkish Penal Code and Code of Criminal Procedure:
- Defense representation before High Criminal and Criminal Courts of First Instance
- Participation in statements taken during the investigation phase
- Representation in detention hearings and applications for release
- Objections to judicial control, detention, and search orders
- Appeal and cassation procedures before Regional Courts and the Court of Cassation
Common Crimes Handled:
- Fraud, breach of trust
- Theft
- Sexual assault
- Homicide (intentional or negligent)
- Drug use and trafficking
- Organized crime
- Establishing or being a member of a criminal organization
- Defamation, blackmail, threat
- Forgery of documents
Conclusion
As an Istanbul Criminal Lawyer, we provide effective legal defense and consultancy services during both investigation and prosecution stages. Our services are based on up-to-date legislation and judicial precedents in Turkish criminal law.
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