Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Criminal law in Turkey is based on the Turkish Penal Code. It defines what actions are considered crimes and sets punishments for those who break the law. The main goal is to ensure justice, prevent crime, and protect the rights of both victims and suspects. Courts and legal authorities follow clear rules to make fair decisions in each case.
The legal process in Turkey starts with an investigation. Police and prosecutors collect evidence and decide whether a case should go to trial. If a trial happens, the court examines all the evidence before making a decision.
Every person accused of a crime has the right to defend themselves, have a lawyer, and receive a fair trial. These rights are important to ensure justice for everyone.
Criminal law defines crimes, specifies the penalties for those crimes, and establishes measures to prevent them. This branch of law serves to protect public safety as well as to penalize offenders. The definition of crime and the corresponding punishments are primarily governed by fundamental legal frameworks such as the Constitution of the Republic of Turkey and the Turkish Penal Code (TPC).
Criminal law in Turkey is primarily regulated by the Turkish Penal Code (TPC) and the Criminal Procedure Code (CPC). The Constitution also plays a significant role in protecting fundamental rights and freedoms related to criminal law. The Turkish Penal Code includes provisions related to crimes and their punishments, while the Criminal Procedure Code sets out the rules for the prosecution process, the rights of the accused, and the procedures for imposing penalties.
Types of Crimes Under Criminal Law:
Crimes Against Individuals: This includes murder, assault, sexual assault, theft, etc. These crimes typically target the physical or psychological health of victims.
Crimes Against Society: These are crimes that threaten public safety, such as drug trafficking, terrorism, fraud, and organized crime.
Crimes Against the State: These crimes threaten the stability of the government, such as constitutional crimes, espionage, and revealing state secrets.
Property Crimes: This category includes theft, fraud, and criminal damage to property.
Criminal proceedings usually begin with a report, a complaint or when law enforcement authorities determine that a crime has been or is being committed. This is reported to the public prosecutor’s office by law enforcement authorities.
When the public prosecutor receives information about the existence of a crime, he/she immediately initiates the “investigation” phase. At this stage, issues such as whether a crime has been committed, who the perpetrator is and the collection of evidence are investigated.
At the end of the investigation, the prosecutor prepares an indictment and decides whether or not to file a public case.
A criminal case can be initiated if there is concrete evidence that a crime has been committed. If you are a victim or suspect, you can file a complaint with the police or prosecutor’s office. If the prosecutor believes a crime has been committed, they may file charges and initiate the trial process.
The statute of limitations is a legal concept that sets a time limit for initiating legal proceedings after a crime has been committed. Once this period expires, the offender can no longer be prosecuted for that specific crime.
The duration of the statute of limitations varies significantly depending on the severity of the crime. For example, more serious offenses, such as those punishable by aggravated life imprisonment or life imprisonment, typically have longer statutes of limitations compared to less severe crimes.
In the context of Turkish law, the statute of limitations is determined based on the age of the offender at the time of the crime and the severity of the offense.
Under Turkish law, the right to defense is a fundamental constitutional and procedural guarantee that ensures individuals accused of a crime can effectively challenge the charges against them and protect their rights during criminal investigations and trials. This right is rooted in the Turkish Constitution (Article 36), the Code of Criminal Procedure (CMK), and international human rights treaties ratified by Turkey, such as the European Convention on Human Rights (ECHR).
The right to defense is central to ensuring fair trials (adil yargılanma hakkı) and upholding the principle of presumption of innocence (masumiyet karinesi) under Article 38 of the Constitution. Courts are obligated to ensure that the accused can exercise these rights fully, and violations may lead to the annulment of proceedings or appeals (e.g., CMK Article 289).
This framework reflects Turkey’s commitment to balancing public security with individual liberties, though challenges in practice (e.g., delays in legal aid or procedural irregularities) are occasionally raised in domestic and international jurisprudence.
The Turkish Penal Code defines crimes and their corresponding penalties in great detail. These punishments can range from monetary fines to imprisonment. Some crimes carry heavier penalties, such as murder, sexual assault, and theft.
Common Crimes and Penalties in Criminal Law
Theft: According to the Turkish Penal Code, theft occurs when someone unlawfully takes another person’s property. The punishment for theft varies depending on the amount stolen and the manner in which the crime was committed. In general, the penalty ranges from 2 to 7 years in prison.
Murder and Assault: Murder is one of the most serious crimes, often punishable by life imprisonment. Assault crimes vary in penalties depending on the severity of the injury and the intent of the perpetrator. A defendant who intentionally causes harm to another person can face significant prison sentences.
Drug Trafficking: Drug trafficking is one of the most heavily penalized crimes in Turkey. Penalties for this crime can range from 10 years to 20 years of imprisonment.
Fraud: Fraud is a crime that involves deceiving others to obtain money or property. The punishment depends on the extent of the deception and the number of victims involved.
In Turkey, hiring a lawyer is not mandatory in all criminal trials. However, there are specific situations where having legal representation is required by law:
1. Mandatory Defense for Certain Crimes:
2. Right to a Court-Appointed Lawyer
3. Optional Legal Representation:
Every defendant has the right to hire a lawyer in criminal proceedings. However, criminal cases can be complex and have severe consequences, so hiring a lawyer is essential to protect your legal rights. In some cases, the court may mandate that the defendant be represented by an attorney.
Criminal law is essential for protecting individual and public safety. If you are facing criminal charges, understanding your rights and seeking legal representation is important. Our experienced defense lawyers are here to protect your rights and provide expert legal guidance.
Our Services:
At Erdal Nuhbasa Law and Consulting firm, we know that criminal cases can have serious consequences. We are dedicated to giving each client the attention and support they need. No matter how complex the case, we work hard to protect your rights. With years of experience and a strong record of success, we provide expert legal help with care and professionalism.
If you’re facing criminal charges or need expert advice, don’t hesitate to contact us today. Let us help you protect your rights and secure the best possible outcome.
