Adana Criminal Law Frequently Asked Questions

 The criminal investigation is the preparatory stage that runs from the moment a suspicion of an offence becomes known until the indictment is accepted by the court. During this process, the public prosecutor collects the evidence, identifies the suspects and, if sufficient suspicion arises that the offence has been committed, requests that a public prosecution be brought by drawing up an indictment. In short, the criminal investigation stage is the phase in which the offence is investigated and it is decided whether or not a case will be brought.

The prosecution stage is the trial stage that begins with the acceptance of the indictment and continues until the finality of the judgment. At this stage, the court tries the person, referred to as the defendant, on the charges at a hearing. At the end of the trial, the court decides whether or not the defendant is guilty and announces its judgment (decision). The prosecution stage refers to the court process of a criminal case.

 A complainant (müşteki) is a person who applies to the competent authorities with a complaint, stating that they have suffered harm from an offence alleged to have been committed. In criminal law, the complainant is also referred to as the "şikayetçi" (the person making the complaint), and although the complainant is usually the same person as the victim, not every victim may be a complainant (for example, for some offences a criminal investigation is conducted even if the victim does not make a complaint). For offences whose prosecution depends on a complaint, the complainant's complaint is necessary for the case to begin.

A suspect is a person about whom there is suspicion, during the criminal investigation stage, that they have committed an offence. Defendant, on the other hand, is the term used for a person who is tried during the prosecution stage, that is, after the case has been brought. Put simply, the person examined before a case is brought is the suspect, and the person tried before the court after the case has been brought is the defendant.

Yes. When you are summoned by the prosecutor's office or by law enforcement (police or gendarmerie) to give a statement, you are required by law to comply with this summons. If a summons (çağrı kağıdı) has been served on you, you must go to the relevant police station or prosecutor's office on the stated day and at the stated time and give your statement. If you do not go without a valid excuse, a compulsory appearance order (zorla getirme kararı) may be issued on the instruction of the public prosecutor; in that case the police will take you there by force and take your statement. You have the right to obtain assistance from a lawyer when giving a statement. In particular, if you have been summoned as a suspect, you should also know that you have the right to remain silent and that you cannot be compelled to incriminate yourself. However, responding to the summons is important so that an unnecessary apprehension warrant (yakalama kararı) is not issued against you.

Individuals cannot bring a criminal case directly. When an offence is committed, the victim or a witness makes a complaint to the police or the prosecutor's office. The prosecutor's office investigates the allegation of an offence and, if it finds sufficient evidence, brings a criminal case on behalf of the public. In other words, it is the prosecutor who starts the case by drawing up an indictment; citizens can only file a criminal complaint. For certain minor offences, no case is brought unless the victim makes a complaint.

The duration of criminal cases varies according to the scope of the file and the workload. Factors such as the number of complainants (şikayetçi), defendants and witnesses, the variety of the evidence to be collected and examinations by court-appointed experts affect the length of the proceedings. While a simple criminal case may be concluded within a few months, complex cases can take years. In addition, the appeal and appeal to the Court of Cassation processes may also extend the total duration.

Victim-offender reconciliation is an alternative solution provided for certain offences in criminal law. For offences subject to reconciliation (generally minor offences in which the harm between the parties can be remedied), a conciliator (uzlaştırmacı) is appointed before the file goes to court. The conciliator tries to bring the victim and the suspect together through meetings and to help them reach an agreement. If the parties reconcile within 30 days, the suspect generally compensates the victim's loss or performs certain obligations, and no criminal case is brought. If reconciliation cannot be achieved, the reconciliation report is sent to the prosecutor's office and the prosecutor brings the case by drawing up an indictment. Reconciliation is a method aimed at enabling the parties to achieve justice between themselves and, if successful, it brings the proceedings to an end.

In the Turkish legal system, there is generally no obligation to hire a lawyer in criminal cases. Persons may defend themselves. However, there are some exceptional situations: in particular, for offences within the jurisdiction of the High Criminal Court, for defendants under the age of 18 or for persons under guardianship, the court is required to appoint defence counsel (a lawyer). Even where it is not compulsory, it is advisable to obtain assistance from an experienced criminal lawyer in order to prevent any loss of rights in criminal proceedings. 

A criminal lawyer's fee varies depending on the nature of the case and the lawyer's experience. There is no fixed fee. Lawyers set a fee according to the complexity, duration and workload of the case, taking as a basis the minimum fee tariff determined each year by the Union of Turkish Bar Associations. Since cases before the High Criminal Court are generally more extensive, their fees may accordingly be higher. The fee is agreed between the client and the lawyer by means of a contract made at the beginning of the case.

HAGB means that, under certain conditions, the penalty imposed on the defendant is not announced and is deferred for a period of 5 years. If the penalty imposed by the court is 2 years' imprisonment or less (or a judicial fine), the defendant has no criminal record and, in addition, the victim's losses have been compensated, the court may defer the announcement of the verdict. If, during this 5-year supervision period, the person does not commit an intentional offence, the penalty is deemed never to have been imposed and is not entered in the criminal record. If an intentional offence is committed during this period, the deferred verdict is announced and the penalty is carried out.

A judicial fine is a monetary penalty imposed by the court and paid to the Treasury in return for an offence. This penalty may be imposed instead of, or together with, a fixed-term prison sentence. A judicial fine that has been imposed must generally be paid within 30 days of the decision. If it is not paid in time, the amount of the penalty is converted into imprisonment according to a certain calculation. In other words, it is not subject to enforcement proceedings like a debt; it is converted directly into imprisonment. For example, for a judicial fine that has not been paid by the end of the period stated in the court decision, the person may have to serve a short period of imprisonment calculated according to the amount of the penalty. This imprisonment extinguishes the judicial fine; the penalty is deemed to have been paid.

Supervised release refers to the control and rehabilitation measures applied within the scope of criminal law. It is generally a system that allows sentenced persons to spend the final part of their sentence under supervision in the community. For example, sentenced persons of good conduct may, after serving a certain period in prison, complete the rest of their sentence outside under supervised release. During this period, the person is subject to certain obligations (such as signing in at regular intervals, attending training programmes or undergoing treatment). If the rules of supervised release are complied with, the person completes their sentence by remaining in social life instead of spending it in prison. If the rules are not complied with or a new offence is committed, the remaining sentence is again served in a penal institution.

This depends on the type of offence. If the offence that is the subject of the case is one whose prosecution depends on a complaint, the criminal case is dropped and the proceedings come to an end when the victim withdraws the complaint. For example, in offences subject to a complaint, such as simple wounding or insult, the public prosecution also comes to an end when the complaint is withdrawn. However, in offences whose prosecution does not depend on a complaint (offences in the nature of a public prosecution), such as homicide or drug trafficking, the prosecutor's office must continue the public prosecution even if the victim withdraws. In other words, in such serious offences, withdrawal of the complaint does not affect the course of the case, and the proceedings continue.

Pre-trial detention is the measure of temporarily placing the suspect or defendant in a penal institution during a criminal investigation or prosecution. The court may order pre-trial detention if there is concrete evidence indicating a strong suspicion of an offence and, in addition, there are grounds for detention. The grounds for detention are generally the risk of the defendant absconding or risks of adversely affecting the judicial process, such as tampering with evidence or putting pressure on witnesses. Pre-trial detention is an exceptional measure; the court must always consider milder measures such as judicial control (adli kontrol) instead of pre-trial detention. When ordering pre-trial detention, the seriousness of the offence, the severity of the expected penalty and the principle of proportionality are taken into account.

A person who has been harmed by an offence or who has witnessed an offence may file a criminal complaint by reporting the situation to the authorities. To file a criminal complaint, you need to apply to the nearest police station, gendarmerie station or the Public Prosecutor's Office. For example, you can submit your complaint to the Chief Public Prosecutor's Office in your province (for example, at the Adana Courthouse) by a written petition or an oral statement. Following the report or complaint, a criminal investigation into the incident is initiated by the prosecutor's office. It is also possible to make a named or unnamed (anonymous) report, but it should be borne in mind that a false report may have legal sanctions.

For an offence subject to a complaint, if the victim (complainant) withdraws the complaint, the criminal case is dropped. In particular, where the complaint is withdrawn at the prosecution stage (the case stage), the court gives a decision to discontinue the proceedings (düşme kararı), since a condition for the case ceases to exist. However, this rule applies only to offences whose prosecution depends on a complaint; in serious offences that are investigated ex officio (of the authorities' own motion) on behalf of the public, the victim's withdrawal of the complaint does not affect the case. Moreover, if there is more than one defendant and the offence is subject to a complaint, the complainant's withdrawal causes the case to be dropped for all of them.

Judicial control consists of measures applied instead of pre-trial detention, under which the suspect or defendant remains at liberty but is subject to certain obligations. The court or the judge may impose judicial control conditions on the person, such as a ban on leaving the country, a ban on going to certain places, regularly signing in at a police station or not leaving their residence. Thanks to these measures, the person continues to be tried while living in the community, without being detained. Compliance with the rules of judicial control is mandatory; otherwise, the measures may be made more severe or sanctions such as pre-trial detention may come into play. The duration of judicial control is limited according to the type of offence and was introduced to prevent long periods of pre-trial detention (for example, in serious offences judicial control may be applied at most for the period imposed).

 Police custody is the temporary deprivation of a person's liberty within the scope of a criminal investigation. In Türkiye, periods of police custody are limited according to the nature of the offence. For offences committed by a single person (ordinary offences), the period of police custody is at most 24 hours; with the prosecutor's approval, this period may be extended once to 48 hours. For offences committed collectively (where there is more than one suspect), the period of police custody may be extended up to a total of at most 4 days. At the end of these periods, the person must either be released or be brought before the court so that the request for detention (pre-trial detention) can be assessed before a judge. Special circumstances: for terrorist or organised offences, there may also be temporary rules under which a longer period of police custody can be applied by decision of a judge; however, under normal conditions the 24-48-hour rule applies.

In criminal proceedings, there is a maximum period of pre-trial detention. The longest periods for which a person may remain in pre-trial detention during the proceedings are set by law according to the type of offence. For less serious offences that do not fall within the jurisdiction of the High Criminal Court, a defendant may remain in pre-trial detention for at most 1 year; in compulsory cases this period may be extended by a further 6 months (1.5 years in total). For serious offences within the jurisdiction of the High Criminal Court, the initial upper limit of pre-trial detention is 2 years, and if necessary it may be extended by at most a further 3 years, up to a total of 5 years. If no judgment has been given when these periods expire, the defendant's release is ordered (judicial control measures may be applied). However, appeal and appeal to the Court of Cassation (the post-judgment process) are not included in these calculations; the period of pre-trial detention covers the period up to the judgment of the court of first instance.

Conditional release, popularly known as "şartlı salıverme", is a system that allows sentenced persons of good conduct, after serving the legally required part of their sentence in a penal institution, to spend the remaining part outside. Under the Turkish system for the execution of sentences, a sentenced person may generally be released on conditional release for the remaining ⅓ after serving ⅔ of the sentence imposed for an intentional offence. Different rates may apply for certain exceptional offences or in cases of recidivism (mükerrirlik, reoffending). A person released on conditional release is under supervision for the remaining period of the sentence; if during this period they do not commit an offence and comply with their obligations, the sentence ends. However, if they commit a new intentional offence or breach the rules during the supervision period, the release decision is revoked and they serve the remaining sentence in a penal institution as well.

Suspension of a prison sentence means that a short prison sentence imposed by the court is not carried out immediately but is set aside for a certain period of supervision. The court may suspend the sentence, generally for prison sentences of 2 years or less, taking into account the sentenced person's clean criminal record and their conduct at the hearing. When a suspension decision is given, the person does not go to prison; instead, a supervision period of between 1 and 3 years is set (for persons under the age of 18 or over the age of 65, the supervision period may be at least 1 year and at most 3 years). If the person does not commit an intentional offence within this period, the sentence is deemed to have been served and they will not go to prison. However, if they commit a new intentional offence or breach the obligations set by the court during the supervision period, the suspended prison sentence comes back into consideration and may have to be served. Suspension differs from the deferral of the announcement of the verdict: it creates a conviction record, but it is an opportunity to avoid going to prison.

The limitation period refers to the lapse of the State's right to punish where no case is brought within a certain period in respect of an offence, or where the penalty is not carried out even though it has become final. There are two types of limitation period in criminal cases: the limitation period for prosecution (dava zamanaşımı) and the limitation period for penalties (ceza zamanaşımı, also called infaz zamanaşımı). The limitation period for prosecution comes into play if no case is brought within the period specified by law from the date on which the offence was committed; this period varies according to the type of offence (for example, 8 years for minor offences and 15 years for serious offences). The limitation period for penalties, on the other hand, means that the penalty imposed lapses if it is not carried out for a certain period (periods such as 10, 20 or 30 years for prison sentences, depending on the length of the sentence). Once the limitation period has expired, proceedings can no longer be conducted for that offence, or the penalty can no longer be carried out. However, certain serious offences (for example, crimes against humanity punishable by life imprisonment) are not subject to limitation, and limitation periods may be extended where they are interrupted or suspended during the proceedings.

In criminal law, in certain circumstances a free lawyer (defence counsel or legal representative) is appointed by the State for the defendant or for the person making the complaint (şikayetçi). The circumstances in which the appointment of defence counsel is mandatory are as follows: if the suspect or defendant is under the age of 18, is deaf or mute, or is unable to defend themselves owing to a mental disability, a lawyer is appointed without any request being required. In addition, for offences for which a heavy penalty is sought (generally those whose upper limit is at least 5 years' imprisonment), if the defendant has no lawyer, a lawyer is automatically appointed by the bar association (as required by the CMK). As for victims, victims of certain offences such as sexual abuse are provided with free lawyer support if they request it. Apart from this, persons with limited means can also request a free lawyer by applying to the legal aid (adli yardım) system of the bar associations. The fee of the lawyer appointed by the State is not claimed from the defendant; it is paid from the Treasury as a cost of the proceedings.

Yes. In criminal proceedings, legal remedies are available against decisions given by the court, and the defendant or the intervening party (katılan) may take the decision to a higher court. Against the decision of the court of first instance, an appeal is lodged first (with the Regional Court of Appeal, BAM). For example, a party wishing to challenge the decision in a criminal case heard in Adana lodges an appeal with the Adana Regional Court of Appeal. The Regional Court of Appeal reviews the lawfulness of the decision and the assessment of the evidence, and may set aside, correct or uphold the decision. After the appeal, in some cases (depending on the length of the sentence and the type of offence), review by way of appeal to the Court of Cassation before the Court of Cassation is also possible. In short, before the judgment of the local court becomes final, the defendant has the right to request a review of the decision by applying to at least one higher court. However, the time limits for appeal and appeal to the Court of Cassation are short (generally 2 weeks), and if no application is made within this period, the decision becomes final.