Adana Criminal Lawyer

Adana Criminal Lawyer | Av. Y. Buğrahan SEVDİ & YBS Hukuk

An Adana criminal lawyer is a lawyer who defends the suspect or the defendant, or represents the person harmed by the offence, during the criminal investigation and the prosecution stage. At YBS Hukuk, criminal files are handled by Av. Yakup Buğrahan SEVDİ; the office can be reached 7/24 at the stages of police custody, statement, pre-trial detention, hearing, appeal, appeal to the Court of Cassation and execution of the sentence.

The Code of Criminal Procedure (CMK) safeguards the lawyer's right to meet the suspect or the defendant and to provide legal assistance at every stage of the criminal investigation and the prosecution stage. A meeting between a person in police custody and a lawyer in the first hours makes it possible to review later on which questions were asked and on which evidence the statement was taken. In the express words of the law, this safeguard reads as follows:

On this page you will find which statutory provisions the defence relies on in criminal cases heard in Adana, which time limits run from police custody to the execution of the sentence, and the statutory penalty ranges for frequently encountered offences. Each item of information is linked to the relevant statutory article; the quoted decisions have been read from the official case-law system.

Who Is an Adana Criminal Lawyer and Which Cases Do They Handle?

An Adana criminal lawyer is a lawyer who acts as defence counsel for the suspect or the defendant, or as legal representative of the person harmed by the offence, in files pending before the Criminal Judgeships of Peace (sulh ceza hakimlikleri, judgeships deciding on protective measures during the investigation), the Criminal Courts of First Instance and the High Criminal Courts in Adana. Criminal lawyers in Adana conduct the defence as defence counsel and pursue the rights of the person harmed by the offence as counsel for the intervening party (katılan, the person harmed by the offence who has joined the criminal proceedings); there is no difference in professional title between an "Adana criminal law lawyer" and an "Adana high criminal court lawyer", as both are subject to the same procedural code.

The main files handled by a criminal lawyer in Adana are as follows:

• Drug files: trafficking (TCK Art. 188) and possession for personal use (TCK Art. 191). Details: the offence of drug trafficking and the offence of drug use.
• Offences against bodily integrity: intentional wounding (TCK Art. 86, 87), intentional homicide (TCK Art. 81, 82), negligent homicide and negligent wounding (TCK Art. 85, 89).
• Offences against property: theft (TCK Art. 141, 142), fraud (TCK Art. 157, 158), damage to property.
• Offences against liberty and honour: threat (TCK Art. 106), insult (TCK Art. 125), disturbing the peace and tranquillity of persons.
• Offences against sexual integrity (TCK Art. 102, 103, 105) and cyber offences (TCK Art. 243, 244, 245).
• Weapons files: Law No. 6136 on Firearms, Knives and Other Instruments, Art. 12 and 13.
• Protective measures: pre-trial detention, objection to pre-trial detention and judicial control (adli kontrol, supervisory obligations imposed as an alternative to pre-trial detention).

Mandatory Defence Counsel (zorunlu müdafilik): When Is Defence Counsel Appointed Under the CMK?

The moment a criminal lawyer enters a file is often the statement at the police station or a summons from the prosecutor's office. The suspect may choose defence counsel; if the suspect declares that they are not in a position to do so, defence counsel is appointed upon their request. In certain cases, however, defence counsel is appointed without the person's request:

The defence counsel commonly called a "CMK lawyer" (CMK avukatı) is the lawyer appointed by the bar association under these provisions; when pre-trial detention is requested, the suspect also benefits from the assistance of defence counsel of their own choosing or appointed by the bar association (CMK Art. 101/3). Where they so wish, the suspect or defendant may work with a lawyer of their own choosing even in cases of mandatory defence counsel; once the chosen defence counsel joins the file, that counsel conducts the defence.

The Difference Between a High Criminal Court Lawyer and a Criminal Court of First Instance Lawyer

"High criminal court lawyer" and "criminal court of first instance lawyer" are not separate professional titles; they are everyday expressions describing the court where the case will be heard. Which court has jurisdiction is determined by Law No. 5235: the Criminal Court of First Instance hears cases and matters falling outside the jurisdiction of the Criminal Judgeship of Peace and the High Criminal Court (Art. 11), while the jurisdiction of the High Criminal Court is listed in Article 12.

For aggravated fraud, the basic penalty is imprisonment from three to ten years (TCK Art. 158/1). Since the upper limit does not exceed ten years, the court in which the file will be heard is assessed separately according to the legal characterisation in the indictment and to whether the offence is alleged to have been committed by three or more persons or within the framework of the activities of an organisation (TCK Art. 158/3).

About YBS Hukuk Bürosu

YBS Hukuk is a law office located in the Yenibaraj Neighbourhood of Seyhan, Adana, providing legal services in criminal law first and foremost, as well as in divorce, inheritance, labour, enforcement and title deed files. The founding lawyer of the office is Av. Yakup Buğrahan SEVDİ. For those looking for a criminal law office in Adana, the office's working method in criminal files is set out below.

• Av. Yakup Buğrahan SEVDİ: Founding Lawyer (Adana Bar Association Registration No: 7899)

The working method in criminal files rests on three principles. First, in every defence submission the current text of the statutory article is read from the official source; the amendments made to Article 231 of the Code of Criminal Procedure and Article 158 of the Turkish Penal Code by Law No. 7589 dated 16 July 2026 have also been reflected on this page. Second, Court of Cassation decisions are used after their full text has been read from the case-law system of the Ministry of Justice, not from summary websites. Third, the client is informed in writing at every stage of the file.

The office can be reached by telephone at 0507 007 0 927 and by email at destek@ybshukuk.com.tr. The working principles of Av. Yakup Buğrahan SEVDİ and the YBS Hukuk office are set out on the About Us page, and directions on the contact information page.

Duties of an Adana Criminal Lawyer

The duty of a criminal lawyer is to ensure that the suspect or the defendant can exercise their statutory rights at every stage and that the judgment rests solely on lawfully obtained evidence. This duty begins with the statement at the police station and ends with the execution of the final judgment.

• Criminal investigation stage: being present during the statement at the police and at the prosecutor's office, enabling the suspect to exercise the right to remain silent and the right to request the collection of evidence (CMK Art. 147), examining the file (CMK Art. 153) and requesting the collection of evidence in the suspect's favour. The public prosecutor is obliged to collect not only incriminating evidence but also evidence in the suspect's favour (CMK Art. 160).
• Prosecution stage: preparing the defence against the indictment, putting questions to witnesses, challenging the reports of court-appointed experts, requesting the exclusion of evidence obtained unlawfully (CMK Art. 206/2-a) and presenting the defence on the merits.
• Protective measures: filing objections in time against police custody, pre-trial detention and judicial control orders (CMK Art. 268) and requesting release at every stage (CMK Art. 104).
• Legal remedies: lodging an appeal (CMK Art. 273/1) and an appeal to the Court of Cassation (CMK Art. 291/1) within two weeks of service of the judgment together with its reasoning.
• Execution stage: monitoring the conditions for conditional release and supervised release (denetimli serbestlik) in respect of the sentenced person (Law No. 5275, Art. 105/A and 107) and applying to the enforcement judge (infaz hakimliği).

Av. Yakup Buğrahan SEVDİ Warns: Prevent Relatives from Making Mistakes While Trying to "Help"!

Families whose relative has been taken into police custody, or against whom a criminal investigation has been opened, may in good faith be inclined to talk to witnesses, delete messages or remove items from the scene of the incident. The Turkish Penal Code defines two of these behaviours as separate offences. A person who destroys, deletes, conceals, alters or corrupts the evidence of an offence in order to prevent the truth from coming to light is punished with imprisonment from six months to five years (TCK Art. 281/1). The exemption from penalty in the same paragraph applies only to a person who destroys evidence relating to an offence they committed themselves or participated in; there is no such provision for a relative who wishes to help the suspect. Making public oral or written statements in order to influence the judge, a witness or a court-appointed expert in a pending case or criminal investigation is also punishable separately (TCK Art. 288).

How to Prepare for the First Meeting in a Criminal File

Whether the first meeting with a criminal lawyer is productive depends on bringing the documents and information about the incident in an orderly way. The list below sets out the information the lawyer needs in order to assess the file at the first meeting:

• Every document given to you: the record of the statement, the police custody or pre-trial detention order, the judicial control order, the indictment, the envelope of the service of process and the date of service.
• The date, time and place of the incident and the names of the persons present.
• Records that may be in your favour: camera footage, messages, location data, invoices, medical reports. These records should be kept without any alteration.
• Any conviction, HAGB or suspension of sentence decisions previously given against you; the assessment of the conditions for HAGB and suspension of the sentence depends on this (CMK Art. 231/6, TCK Art. 51).
• Running time limits: two weeks for an objection from the day the decision is learned, and two weeks for an appeal and an appeal to the Court of Cassation from service (CMK Art. 268/1, 273/1, 291/1).

Our Criminal Law Services in Adana

The criminal law work of YBS Hukuk in Adana is grouped under the headings of police custody and statement, pre-trial detention and objection, hearing, legal remedies, deferral of the announcement of the verdict and execution of the sentence. The running time limit and the statutory basis under each heading are shown separately below.

Urgent Legal Support During Police Custody and Pre-trial Detention

The period of police custody may not exceed twenty-four hours from the moment of apprehension, excluding the time necessary to bring the person to the nearest judge or court from the place of apprehension; this necessary time may not exceed twelve hours (CMK Art. 91/1). For offences committed collectively, the public prosecutor may order in writing that the period of police custody be extended for up to three days, by no more than one day each time (CMK Art. 91/3). The person in police custody or their relative may apply to the criminal judge of peace against the police custody measure in order to obtain release (CMK Art. 91/5).

At the stage of police custody and the statement at the police station, the lawyer's first task is to meet the suspect before the statement in a setting where others cannot hear what is said (CMK Art. 154/1) and to be present throughout the statement (CMK Art. 149/3).

The law provides a narrow exception for the police custody stage: for the offences defined in Chapters four, five, six and seven of Part Four of Book Two of the Turkish Penal Code, offences within the scope of the Anti-Terror Law, and offences of manufacturing and trafficking in narcotic or stimulant substances committed within the framework of the activities of an organisation, the right of the suspect in police custody to meet defence counsel may be restricted for twenty-four hours by a judge's decision upon the request of the public prosecutor; no statement may be taken during this period (CMK Art. 154/2).

After police custody, the prosecutor's office may request pre-trial detention. Pre-trial detention depends on the presence of both concrete evidence showing the existence of strong suspicion of an offence and a ground for detention:

For offences where the upper limit of the prison sentence does not exceed two years, a pre-trial detention order may not be issued, except for intentional offences against bodily integrity (CMK Art. 100/4). When pre-trial detention is requested, the suspect or the defendant benefits from the assistance of defence counsel of their own choosing or appointed by the bar association (CMK Art. 101/3). A pre-trial detention order must show, with concrete facts, the strong suspicion of an offence, the ground for detention, the proportionality of the measure and the insufficiency of judicial control (CMK Art. 101/2). A detailed explanation of the conditions for pre-trial detention is on the conditions for pre-trial detention page.

Criminal Investigation Stage: Effective and Strategic Defence

The criminal investigation begins when a suspicion of an offence becomes known and ends when the public prosecutor either draws up an indictment or issues a decision of non-prosecution (kovuşturmaya yer olmadığına dair karar). If the evidence collected creates sufficient suspicion that the offence was committed, the prosecutor draws up an indictment (CMK Art. 170/2); if not, the prosecutor issues a decision of non-prosecution (CMK Art. 172/1); the person harmed by the offence may object to this decision within two weeks from the date it was served on them, before the Criminal Judgeship of Peace in the place where the High Criminal Court is located (CMK Art. 173/1).

The rights of the suspect at this stage are listed in CMK Art. 147: choosing defence counsel and benefiting from the legal assistance of defence counsel, not making any statement about the offence charged (remaining silent) and requesting the collection of concrete evidence to clear themselves of suspicion. The value at a later stage of a statement taken by law enforcement without defence counsel is limited by law:

Defence counsel attending the statement at the prosecutor's office as a lawyer for statements in Adana may examine the file and obtain copies of documents during the criminal investigation stage. This power of examination may be restricted only for the offences listed in the law and by a judge's decision; records containing the statements of the apprehended person and of the suspect, reports of court-appointed experts and records of judicial acts at which the suspect is entitled to be present are not subject to this restriction (CMK Art. 153).

Prosecution (Hearing) Stage: Strong Representation in Court

The prosecution stage begins with the acceptance of the indictment and lasts until the finality of the judgment. At this stage, the court hears the defence of the defendant, the witnesses and the court-appointed experts, and reviews whether the evidence was obtained lawfully. Evidence obtained unlawfully is excluded (CMK Art. 206/2-a).

At the end of the hearing, the court issues one of the following decisions: conviction, acquittal, no penalty to be imposed (ceza verilmesine yer olmadığı), imposition of a security measure, dismissal of the case or discontinuance of the case. The grounds for acquittal are listed in CMK Art. 223/2 and the grounds for no penalty to be imposed in CMK Art. 223/3; one of the latter is exceeding the limits of legitimate defence owing to excitement, fear or panic (CMK Art. 223/3-c). The meaning and consequences of an acquittal decision are explained on the acquittal decision page.

In the Criminal Court of First Instance, after the acceptance of the indictment, the simple trial procedure (basit yargılama usulü) may be applied for offences requiring a judicial fine and/or a prison sentence with an upper limit of two years or less; under this procedure, in the event of conviction, the final penalty is reduced by one quarter (CMK Art. 251/1 and 251/3). For the status and rights of the parties to the case, see the parties in criminal procedure page.

Release and Effective Objection to Pre-trial Detention

Pre-trial detention, release and objection to pre-trial detention rest on the same statutory provisions. An objection may be filed against the pre-trial detention order and against decisions on the continuation of pre-trial detention (CMK Art. 101/5 and 104/2). The suspect or the defendant may request release at every stage of the criminal investigation and the prosecution stage (CMK Art. 104/1). The objection period is two weeks from the day the decision is learned, and the petition is submitted to the authority that issued the decision (CMK Art. 268/1). If the authority that issued the decision does not find the objection justified, it sends the objection within three days at the latest to the authority competent to review it (CMK Art. 268/2).

Judicial control may also be applied instead of pre-trial detention: obligations such as not leaving the country, reporting regularly to designated places (signing in) and not leaving one's residence are listed in CMK Art. 109/3; for the obligation not to leave one's residence, every two days spent under it are deducted from the sentence as one day (CMK Art. 109/6). A lawyer in Adana acting for a detained client may meet the client in the penal institution without a power of attorney being required and in a setting where others cannot hear what is said (CMK Art. 154/1). For the content of the objection petition, the objection to pre-trial detention page, and for judicial control obligations, the judicial control order page have been prepared.

Legal Remedies: Appeals to the Court of Cassation and Appeals

An appeal lies against the judgment of the first instance court, and an appeal to the Court of Cassation lies against the appeal decision in the cases permitted by law. The time limit for both applications is two weeks from the date on which the judgment was served together with its reasoning (CMK Art. 273/1 and 291/1). Judgments concerning prison sentences of fifteen years or more are also subject to appeal review ex officio (CMK Art. 272/1).

Some judgments are final: no appeal may be lodged against judgments of conviction to a judicial fine of up to and including fifteen thousand Turkish lira as the final penalty, except for judicial fines converted from a prison sentence (CMK Art. 272/3-a). Decisions of the Regional Court of Appeal dismissing on the merits an appeal against prison sentences of five years or less, and against judicial fines of any amount, imposed by the first instance court cannot be appealed to the Court of Cassation (CMK Art. 286/2-a). Where the appeal has been lodged only in favour of the defendant, the new judgment may not be heavier than the previous penalty:

Advice on HAGB, Suspension of the Sentence and Sentence Execution Law

Deferral of the announcement of the verdict (HAGB) was reregulated by Law No. 7589 dated 16 July 2026. Under the current text, if the penalty imposed is a prison sentence of two years or less or a judicial fine, the court may issue a HAGB decision; the decision means that the judgment rendered produces no legal consequences for the defendant, except for the provisions on confiscation (CMK Art. 231/5).

A defendant in respect of whom a HAGB decision is issued is subject to a supervision period of five years; during this period, a supervised release measure (denetimli serbestlik tedbiri) not exceeding one year may be ordered (CMK Art. 231/8). If the damage cannot be remedied immediately, the decision may also be issued on condition that it is remedied in monthly instalments during the supervision period (CMK Art. 231/9). In a judgment whose announcement has been deferred, the prison sentence cannot be suspended and, if short, cannot be converted into alternative sanctions (CMK Art. 231/7). Without prejudice to CMK Art. 272/3, an appeal may be lodged against a HAGB decision (CMK Art. 231/12). A lawyer handling HAGB matters in Adana submits to the file, before the judgment is rendered, the document showing that the damage has been remedied and the evidence concerning the defendant's personal circumstances, because the court's assessment is formed on the basis of the attitude and behaviour during the hearing (CMK Art. 231/6-b).

Suspension of the sentence is a separate institution: a prison sentence of two years or less, or a prison sentence of up to three years for persons who were under eighteen or had reached sixty-five at the time of the offence, may be suspended subject to the other conditions in the law (TCK Art. 51). Discretionary reduction (TCK Art. 62), on the other hand, is a reduction applied by the court taking into account the offender's background, social relations, conduct after the act and during the proceedings showing remorse, and the possible effects of the penalty on the offender's future: life imprisonment is imposed instead of aggravated life imprisonment, twenty-five years' imprisonment instead of life imprisonment, other penalties are reduced by up to one sixth, and the grounds for the reduction are stated with reasons in the decision. Further details of HAGB are discussed on the HAGB conditions page.

Frequently Encountered Types of Criminal Cases in Adana

This section covers drug offences, fraud, intentional wounding, homicide, theft, threat and insult, offences against sexual integrity and cyber offences. Below, for each type of offence, the statutory limits of the penalty and the legal distinction on which the defence focuses are shown together with the relevant article.

Drug Offences (TCK Art. 188-191)

In drug files, the first question that determines the penalty is whether the act is trafficking (TCK Art. 188) or possession for personal use (TCK Art. 191). The difference in penalty between the two offences is measured in years, and the legal characterisation is made according to facts such as the quantity of the substance seized, the manner of packaging and the relationship between buyer and seller. In a drug file, the first task of the defence is to argue on the evidence whether the act is drug trafficking or possession of drugs for personal use; the difference in penalty between the two offences makes this distinction the most important question in the file.

• Manufacture, import or export: imprisonment from twenty to thirty years (TCK Art. 188/1).
• Selling, offering for sale, giving to others, dispatching, transporting, storing, buying, accepting or possessing within the country: imprisonment of not less than ten years (TCK Art. 188/3). If the sale is made to a child, the penalty may not be less than fifteen years.
• Buying, accepting or possessing for personal use, or using: imprisonment from two to five years (TCK Art. 191/1). For this offence, a decision is made to postpone the filing of the public prosecution (kamu davasının açılmasının ertelenmesi) for five years (TCK Art. 191/2).

Committing the trafficking offence together with three or more persons increases the penalty by one half, and committing it within the framework of the activities of an organisation increases it by one fold (TCK Art. 188/5). Committing it within two hundred metres of places such as schools, dormitories or hospitals is also a ground for an increase by one half (TCK Art. 188/4-b).

Defence Strategies of a Drug Offence Lawyer in Adana

In a drug file, the defence focuses on four points: the lawfulness of the search, to whom the seized substance belongs, whether there are facts showing an intent to trade, and whether the conditions for effective repentance (etkin pişmanlık, a statutory reduction of or exemption from penalty for an offender who assists in revealing the offence or remedies the harm) are met. The reduction rate for effective repentance is set out in the law as follows:

If a person participating in the offence informs the authorities, before they learn of it, of the other accomplices and of the places where the substance is hidden or manufactured, no penalty is imposed where the information provided enables the apprehension of the accomplices or the seizure of the substance (TCK Art. 192/1). No penalty is imposed either where a person using drugs applies to the authorities or to health institutions to be treated before a criminal investigation is opened against them (TCK Art. 192/4). For assistance given after the authorities have learned of the offence, the Criminal General Assembly looks at two criteria. The first is the nature of the offence revealed; in the words of the decision, for a reduction of penalty under TCK Art. 192/3, "failin kendi suçuna eş değer (denk) ya da kendi suçundan nitelik itibarıyla daha ağır bir suçu ortaya çıkarması veya kendi suçuna eş değer ya da kendi suçundan nitelik itibarıyla daha ağır bir suçun failinin yakalanmasına hizmet ve yardımda bulunması gerekmektedir." "the offender must reveal an offence equivalent (equal) to their own offence or more serious than their own offence in nature, or must serve and assist in the apprehension of the perpetrator of an offence equivalent to their own offence or more serious than their own offence in nature." (unofficial translation) The second is whether the offender has fulfilled what was expected of them in order to reveal the offence; if this condition is met, a delay by the investigating authorities is not attributed to the offender:

In this decision, the Criminal General Assembly accepted the objection of the Chief Public Prosecutor's Office, set aside the chamber's decision upholding the judgment and reversed the judgment in favour of the defendant because TCK Art. 192/3 had not been applied. The decision states that the consequences of the investigating authorities acting late on the information given by the defendant cannot be attributed to the defendant. In the specific case, the offence reported by the defendant was trafficking in narcotic substances, of the same nature as their own offence. Details: the offence of drug trafficking.

Fraud Offences (TCK Art. 157-158)

Fraud is deceiving a person through fraudulent conduct and thereby obtaining a benefit for oneself or another to the detriment of that person or another. The penalty for simple fraud is imprisonment from one to five years and a judicial fine of up to five thousand days (TCK Art. 157/1). If the offence is committed in one of the circumstances listed in TCK Art. 158/1, the penalty is imprisonment from three to ten years and a judicial fine of up to five thousand days; where it is committed to the detriment of public institutions, by using information systems or banks or credit institutions as a tool, for the purpose of obtaining a loan that should not have been granted or collecting an insurance payment, or by the person presenting themselves as a public official or as an employee of a bank, insurance or credit institution [subparagraphs (e), (f), (j), (k) and (l)], the lower limit of the prison sentence is four years.

TCK Art. 158/4, added by Law No. 7589, provides a separate reduction for persons who give their bank account or card to another person. In files commonly referred to as "account renting" (hesap kiralama), this paragraph applies directly:

For judgments that have become final, an adaptation procedure (uyarlama) may be requested so that this reduction is applied; a sample petition is on the TCK 158/4 adaptation petition page.

Defence Strategies of a Fraud Lawyer in Adana

Most allegations of aggravated fraud, account renting and IBAN fraud rest on the allegation of fraud committed through information systems (TCK Art. 158/1-f) and on the account having been given to another person. At the centre of the defence in fraud cases is the element of deceit: whether the act amounts to deceit, whether the victim was deceived, and whether the benefit was obtained as a result of that deception. For fraud, the law requires obtaining a benefit "hileli davranışlarla bir kimseyi aldatıp" "by deceiving a person through fraudulent conduct" (unofficial translation) (TCK Art. 157/1); unless there is fraudulent conduct and deception, an unpaid debt alone does not satisfy this element and the dispute falls within private law; in an account renting allegation, the purpose for which and the person to whom the account was given, and whether a benefit was obtained, are examined separately under TCK Art. 158/4. The legal characterisation of the act changes the limits of the penalty; the distinction between theft, fraud and breach of trust is made according to the facts in the file.

Where the damage is remedied, a reduction for effective repentance is assessed separately: if shown before the prosecution stage begins, up to two thirds of the penalty may be reduced, and if shown before the judgment is rendered, up to one half (TCK Art. 168).

Intentional Wounding Offences (TCK Art. 86-87)

The basic penalty for intentional wounding is imprisonment from one year and six months to three years (TCK Art. 86/1). If the injury is of a degree that can be treated by a simple medical intervention, imprisonment from six months to one year and six months or a judicial fine is imposed upon complaint; if the offence is committed against a woman, the lower limit of the penalty may not be less than nine months (TCK Art. 86/2). In the circumstances listed in TCK Art. 86/3, such as commission with a weapon, the penalty is increased by one half and no complaint is required. Files commonly referred to as assault (darp or müessir fiil) are legally intentional wounding, and their statutory basis is TCK Art. 86 and 87.

• Wounding aggravated by its consequences: in cases such as the permanent weakening of a sense or the function of an organ, the penalty is increased by one fold, and in cases such as the loss of that function, by two fold; in the case of a bone fracture or dislocation, an increase of up to one half is applied (TCK Art. 87/1, 87/2, 87/3).
• If death results from the wounding, imprisonment from ten to fourteen years is imposed, and in the circumstances covered by TCK Art. 86/3, imprisonment from fourteen to eighteen years (TCK Art. 87/4).

Defence Strategies of a Wounding Lawyer in Adana

The first question for the defence in a wounding file is whether the act is wounding or attempted homicide; the second is whether the conditions for unjust provocation (haksız tahrik) and legitimate defence are present. For an offence committed under the influence of anger or severe distress caused by an unjust act, the penalty is reduced by one quarter to three quarters (TCK Art. 29). In determining whether the intent was directed at killing or at wounding, the hostility between the offender and the victim and its cause, the nature of the instrument used, the number and force of the blows, the location and nature of the wounds, the offender's ability to choose a target and whether the offender stopped the act voluntarily or because of an obstacle are assessed together. In files where the number of blows is small, no vital area was targeted or the offender stopped the act voluntarily, these criteria are argued as the basis for characterising the act as wounding.

Homicide Offences (TCK Art. 81-85)

In files handled as an Adana intentional homicide lawyer or an Adana homicide lawyer, the first question is the type of intent. The penalty for intentional homicide is life imprisonment (TCK Art. 81/1); in the circumstances listed in TCK Art. 82/1, such as killing with premeditation or with monstrous intent, aggravated life imprisonment is imposed. For negligent homicide, the penalty is imprisonment from two to six years, and, where the death of more than one person, or the death of one or more persons together with the injury of one or more persons, is caused, imprisonment from two to fifteen years (TCK Art. 85).

• Legitimate defence: no penalty is imposed on the offender for an act committed out of the necessity to repel an unjust attack directed at themselves or another, in proportion to the attack according to the situation and circumstances at that moment (TCK Art. 25/1).
• Exceeding the limits: if the limits of legitimate defence are exceeded owing to excusable excitement, fear or panic, no penalty is imposed on the offender (TCK Art. 27/2).
• Unjust provocation: imprisonment from eighteen to twenty-four years is imposed instead of aggravated life imprisonment, and imprisonment from twelve to eighteen years instead of life imprisonment (TCK Art. 29).

Defence Strategies of a Homicide Lawyer in Adana

In a homicide file, the defence relies on establishing, with evidence, how the incident began and the positions of the parties at that moment: who made the first attack, whether the defendant had the opportunity to escape, in whose hands the instrument used was, and whether the autopsy and crime scene reports are consistent with this account. In negligent homicide files, on the other hand, the degree of fault is decisive; the penalty for an offence committed by negligence is determined according to the offender's fault (TCK Art. 22/4), and in the case of conscious negligence (bilinçli taksir, where the offender foresees the result but does not want it to occur) the penalty is increased by one third to one half (TCK Art. 22/3). The penalty for negligent wounding is imprisonment from four months to two years or a judicial fine (TCK Art. 89/1). The criminal investigation and the prosecution stage depend on a complaint; except for wounding under the first paragraph, no complaint is required if the offence was committed with conscious negligence (TCK Art. 89/5). Negligent wounding falls within the scope of victim-offender reconciliation (CMK Art. 253/1). The distinction between conscious negligence and conditional intent (olası kast, where the offender foresees the result and accepts it) is explained separately on the conscious negligence page.

Theft Offences (TCK Art. 141-142)

Theft is taking a movable property belonging to another from where it is located, without the consent of its possessor, with the aim of obtaining a benefit for oneself or another, and its penalty is imprisonment from one to three years (TCK Art. 141/1). In aggravated circumstances, the penalty increases:

• Circumstances listed in TCK Art. 142/1 (for example, concerning property located in public institutions or allocated for public benefit): imprisonment from three to seven years.
• Circumstances listed in TCK Art. 142/2 (for example, by opening a lock, by using information systems, or concerning property kept under protection in a building or its annexes): imprisonment from five to ten years.
• Commission of the offence at night: the penalty is increased by one half (TCK Art. 143).

Defence Strategies of a Theft Lawyer in Adana

The defence conducted as an Adana theft lawyer and an Adana aggravated theft lawyer focuses on whether the taking of the property was based on consent, whether there was an intent to benefit, and how the alleged aggravating circumstance corresponds to the facts of the incident. Simple theft (TCK Art. 141) falls within the scope of victim-offender reconciliation (CMK Art. 253). If the damage is remedied by returning the property as it is or by compensation before the prosecution stage begins, up to two thirds of the penalty may be reduced, and if this is done before the judgment is rendered, up to one half (TCK Art. 168).

Insult and Threat Offences (TCK Art. 106, 125)

The basic penalty for threat is imprisonment from six months to two years, and if the offence is committed against a woman, the lower limit may not be less than nine months (TCK Art. 106/1); if the threat is made with a weapon, by the person disguising themselves so as not to be recognised, by an unsigned letter, together with more than one person or by taking advantage of the intimidating power of existing or presumed criminal organisations, the penalty is imprisonment from two to seven years (TCK Art. 106/2). The penalty for insult is imprisonment from three months to two years or a judicial fine (TCK Art. 125/1).

An insult sent directly to the victim by message, email or through social media is also an offence:

If the insult is committed publicly, the penalty is increased by one sixth (TCK Art. 125/4); if it is committed against a public official because of their duty, the lower limit of the penalty may not be less than one year (TCK Art. 125/3).

Defence Strategies of an Insult Lawyer in Adana

In allegations of threat by message and of insult by message or on social media, the account from which the correspondence was sent, its integrity and whether it was addressed to the victim are at the centre of the evidence; a threat with a weapon is an aggravated form requiring a heavier penalty (TCK Art. 106/2). Swearing is also a form of committing the offence of insult (TCK Art. 125/1). In insult and threat files, the procedural route is determined first. Simple threat (TCK Art. 106/1) falls within the scope of victim-offender reconciliation (CMK Art. 253). The offence of insult, however, is not within the scope of victim-offender reconciliation; following the amendment made by Law No. 7571, insult, except for TCK Art. 125/3-a, falls within the scope of prepayment (önödeme, payment of a fixed sum that ends the prosecution) (TCK Art. 75/6-a-2). On the merits, the defence focuses on whether the words amount to the attribution of a concrete act or to swearing, whether they remain within the limits of criticism and freedom of expression, and whether they were said in reaction to an unjust act.

Offences Against Sexual Integrity (TCK Art. 102-105)

The penalties for offences against sexual integrity are among the heaviest sanctions in the law, and victim-offender reconciliation is not available for these offences (CMK Art. 253/3). In files handled as an Adana sexual offences lawyer, an Adana sexual assault lawyer or an Adana sexual harassment lawyer, the statutory limits of the penalty are as follows:

• Sexual assault: imprisonment from five to ten years upon complaint; if the act remained at the level of molestation (sarkıntılık), imprisonment from two to five years (TCK Art. 102/1). If the act is committed by inserting an organ or another object into the body, imprisonment of not less than twelve years (TCK Art. 102/2).
• Sexual abuse of a child: imprisonment from eight to fifteen years; if the abuse remained at the level of molestation, imprisonment from three to eight years (TCK Art. 103/1). If committed by inserting an organ or another object into the body, imprisonment of not less than sixteen years (TCK Art. 103/2).
• Sexual harassment: imprisonment from three months to two years or a judicial fine upon complaint; if the act is committed against a child, imprisonment from six months to three years (TCK Art. 105/1).

In criminal investigations into sexual assault (except for the first paragraph) and sexual abuse of children, defence counsel's power to examine the file may be restricted by a judge's decision; however, the record containing the suspect's statement and the reports of court-appointed experts are not subject to this restriction (CMK Art. 153/2, 153/3). In the case of a conviction to a fixed-term prison sentence for sexual assault (TCK Art. 102, except for the second paragraph), sexual intercourse with a minor (TCK Art. 104, except for the second and third paragraphs) and sexual harassment (TCK Art. 105), two thirds of the sentence must be served in a penal institution for conditional release (5275 Art. 107/2-d); the same rate applies to children sentenced to imprisonment for offences against sexual integrity (5275 Art. 107/2-e). For fixed-term prison sentences for aggravated sexual assault (TCK Art. 102/2), sexual abuse of children (TCK Art. 103) and the forms of sexual intercourse with a minor under TCK Art. 104/2 and 104/3, the rate for conditional release is three quarters (5275 Art. 108/9).

Cyber Offences (TCK Art. 243-245)

Cyber offences cover unauthorised access to an information system, blocking the system and corrupting data, and the misuse of bank or credit cards:

• Unlawfully entering an information system and continuing to remain there: imprisonment of up to one year or a judicial fine (TCK Art. 243/1).
• Blocking or disrupting the functioning of the system: imprisonment from one to five years (TCK Art. 244/1); corrupting, destroying, altering or rendering data inaccessible: imprisonment from six months to three years (TCK Art. 244/2).
• Obtaining a bank or credit card belonging to another and obtaining a benefit by using it without the cardholder's consent: imprisonment from three to six years and a judicial fine of up to five thousand days (TCK Art. 245/1). This act is a separate, independent offence distinct from fraud.

Defence Strategies of a Cyber Offences Lawyer in Adana

In a cyber offence file handled as an Adana cyber law lawyer or an Adana cybercrime lawyer, the defence is built on to whom the digital evidence belongs and how it was obtained: whether the IP address and the account belong to the defendant, the lawfulness of the search carried out on the device and whether the copying process can be verified. Evidence obtained unlawfully is excluded (CMK Art. 206/2-a). In files concerning the giving of a bank account to another person, the reduction under TCK Art. 158/4 is assessed separately.

Adana Lawyer for High Criminal Court Cases

In intentional homicide, aggravated wounding, drug trafficking and robbery files heard before the High Criminal Court, the defence is built on the direction and intensity of the intent, who made the first attack and whether the reaction was proportionate to the attack. In fights that break out suddenly, the distinction between the proportionality requirement of legitimate defence (TCK Art. 25/1) and exceeding the limits owing to excitement, fear or panic (TCK Art. 27/2) may determine the difference between life imprisonment and a decision of no penalty to be imposed. There is no separate title for high criminal court lawyers in Adana; the lawyer referred to as a high criminal court lawyer is a lawyer who acts as defence counsel or legal representative in a file before this court.

Adana Criminal Lawyer for Your Liberty and Rights

In criminal proceedings, the loss of rights often begins with a missed time limit or with a first statement given without a lawyer. There is a time limit of two weeks for an objection (CMK Art. 268/1) and two weeks for an appeal and an appeal to the Court of Cassation (CMK Art. 273/1, 291/1); once these time limits have passed, as a rule no application can be made against the same decision; a person who missed the time limit through no fault of their own may request restoration of the time limit (eski hale getirme) (CMK Art. 40/1). The suspect or the defendant may meet their defence counsel at any time, without a power of attorney being required, in a setting where others cannot hear what is said (CMK Art. 154/1).

Court of Cassation Precedents in Criminal Law

The full texts of the decisions below have been read from the case-law system of the Ministry of Justice, and their citation details and quotations have been compared with the official text. The decisions depend on the specific facts of each file; this does not mean that the outcome will be the same in an incident that appears similar. For other decisions, see the Court of Cassation decisions page.

1. The "Fear Threshold" and the Excitement Factor in Legitimate Defence

The General Assembly accepted that legitimate defence (TCK Art. 25/1) had not been established because the proportionality requirement had been exceeded, but that the limits had been exceeded owing to excusable excitement, fear and panic; it reversed the judgment given following the decision of insistence (direnme kararı) on the ground that a decision of no penalty to be imposed should have been given in respect of the defendant under TCK Art. 27/2 and CMK Art. 223/3-c. The outcome is not an acquittal but a decision of "no penalty to be imposed", which removes culpability.

2. "Legal Interruption" and the Scale for Successive Offences in Drug Trafficking

The successive offence provision (zincirleme suç) may also be applied to offences that have no specific victim, such as drug trafficking; for this reason, whether acts on different dates remain within the carrying out of a single decision to commit an offence is one of the important questions in the file. The basis of the successive offence and the limit of the penalty increase are set out in the law as follows:

The criterion for a successive offence is a single decision to commit an offence. If an event such as apprehension, giving a statement or action being taken against the person has interrupted that decision, the subsequent act may be assessed as a separate offence; this distinction, referred to in practice as "legal interruption" (hukuki kesinti), determines whether an increase or separate penalties will be applied. The successive offence provisions do not apply to intentional homicide, intentional wounding, torture and robbery (TCK Art. 43/3).

3. "Immediacy" and the Right of Defence in Cyber Offences

Immediacy (yüzyüzelik) means that the judgment rests on evidence discussed before the court. A statement taken at the law enforcement stage without defence counsel may not form the basis of the judgment unless the defendant confirms it before the court (CMK Art. 148/4); this rule applies to all offences, including cyber offences. The Court of Cassation reversed, in favour of the defendant, a judgment rendered contrary to this rule:

The decision was given in a weapons file; CMK Art. 148/4, on which it relies, makes no distinction according to the type of offence. In cyber offence files, statements of the kind "I used the account", taken by law enforcement and not confirmed by the defendant in court, are subject to the same standard.

Sample High Criminal Court Appeal Petition (Draft)

The sample below shows the sections of an appeal petition lodged against a conviction judgment of the High Criminal Court: heading (address to the court), parties and identity details, subject, explanations, legal grounds, evidence, and conclusion and request. The places in brackets are completed according to the file; the objections in the explanations section are built anew in each file. Other samples are on the criminal law sample petitions page.

Methods and Time Limits for Objecting to Pre-trial Detention

There are two routes against pre-trial detention: an objection to the pre-trial detention order or to the decision on the continuation of pre-trial detention (CMK Art. 268), and a request for release at every stage (CMK Art. 104). The table below shows the statutory basis of each step.

How Do Criminal Proceedings Work in Adana? A Step-by-Step Process

Criminal proceedings in Adana pass through three phases: the criminal investigation conducted by the public prosecutor, the prosecution stage beginning with the acceptance of the indictment, and the appeal and the appeal to the Court of Cassation against the judgment. At the end of each phase, an application may be made against the decision within the time limit specified in the law.

1. Criminal Investigation Stage: Investigating the Suspicion

The criminal investigation begins when a situation giving the impression that an offence has been committed becomes known; this may be a report, a complaint or the detection of an offence in flagrante by law enforcement. The criminal investigation is directed by the public prosecutor, who is obliged to collect evidence in the suspect's favour as well as evidence against the suspect (CMK Art. 160). At the end of the criminal investigation, if there is sufficient suspicion, an indictment is drawn up (CMK Art. 170/2); if not, a decision of non-prosecution is given (CMK Art. 172/1). For offences within the scope of the summary procedure (seri muhakeme usulü) (CMK Art. 250/1), the prosecutor may offer this procedure to the suspect, and the suspect may accept the offer only in the presence of defence counsel (CMK Art. 250/3).

2. Prosecution Stage: Trial and Judgment

With the acceptance of the indictment, the suspect acquires the status of defendant and the file proceeds to a hearing. At the hearing, the evidence is discussed in the presence of the parties; the court may rely only on evidence brought before and discussed at the hearing. Doubt is assessed in favour of the defendant; failure to establish that the offence charged was committed by the defendant is a ground for acquittal (CMK Art. 223/2-e). At the end of the hearing, one of the following decisions is given: conviction, acquittal, no penalty to be imposed, security measure, dismissal of the case or discontinuance (CMK Art. 223).

3. Legal Remedies: Review of Decisions (Appeal and Appeal to the Court of Cassation)

An appeal to the Regional Court of Appeal lies against the judgment of the first instance court, and an appeal to the Court of Cassation lies against the decision of the Regional Court of Appeal in the cases permitted by law.

• Appeal: the Regional Court of Appeal examines the file on both the facts and the law. The time limit is two weeks from service of the judgment together with its reasoning (CMK Art. 273/1).
• Appeal to the Court of Cassation: the Court of Cassation reviews the lawfulness of the decision. The time limit is two weeks from service of the decision together with its reasoning (CMK Art. 291/1). Decisions listed in CMK Art. 286/2, such as decisions dismissing on the merits an appeal concerning prison sentences of five years or less, cannot be appealed to the Court of Cassation.

If the time limits for legal remedies are missed, the judgment becomes final. Where the application is made only in favour of the defendant, the prohibition of reformatio in peius applies (CMK Art. 283).

Criminal Proceedings Time Limits Table (Average Values)

How long a criminal case will last is not written in the law; it varies according to the number of witnesses and defendants, the time taken for the reports of court-appointed experts to arrive and the workload of the court. No official and verifiable average duration data has been used on this page. The table below shows the time limits that the law sets definitively; in a criminal file, loss of rights arises from missing these time limits.

Police Custody and Pre-trial Detention Are Not the Same

Police custody is the holding of a person at a law enforcement unit for a short period, by decision of the public prosecutor, for the purposes of criminal investigation procedures; as a rule, its duration is twenty-four hours (CMK Art. 91/1). Pre-trial detention, on the other hand, is ordered only by a judge or court, where strong suspicion of an offence and a ground for detention exist together (CMK Art. 100/1), and the person is held in a penal institution. Against police custody, an application is made to the criminal judge of peace (CMK Art. 91/5), and against pre-trial detention, an objection is filed (CMK Art. 268).

Before Which Authorities Are Criminal Files Conducted in Adana? Criminal Judgeship of Peace, Criminal Court of First Instance and High Criminal Court

During the criminal investigation, a criminal file is conducted at the Chief Public Prosecutor's Office, and during the prosecution stage, at the Criminal Court of First Instance or the High Criminal Court depending on the type of offence. The Criminal Judgeship of Peace has been established for decisions that must be given by a judge during the criminal investigation (such as pre-trial detention, search and seizure) and for objections against them (5235 Art. 10). The Criminal Court of First Instance sits with a single judge, and the High Criminal Court with a presiding judge and two members (5235 Art. 9). An appeal against a first instance judgment is reviewed by the Regional Court of Appeal, and an appeal to the Court of Cassation against an appeal decision is reviewed by the Court of Cassation.

Why Choose Us for Your Criminal Case in Adana?

The criteria to consider when choosing a criminal lawyer are the lawyer's bar association registration, their experience in criminal files, how quickly they can reach you and whether they inform you about your file in writing and in an understandable way. The way YBS Hukuk works against these criteria is set out below; the answer to the question "who is the best criminal lawyer in Adana" is for you to give by looking at these criteria.

What Should You Consider When Choosing a Criminal Lawyer in Adana?

The first thing a person looking for the right criminal lawyer or criminal law lawyer in Adana should check is whether the lawyer is registered with the Adana Bar Association; this information can be verified by anyone through the lawyer search service of the Adana Bar Association. Next, one should ask how much the lawyer has worked on criminal files, particularly before the court where your file will be heard. At the first meeting, an immediate discussion of the time limits for objections and legal remedies in your file, the determination of the fee and the scope of work by a written agreement, and regular information about the progress of the file are signs that you are working with the right lawyer.

The answer to the question of what to look for when seeking an Adana criminal lawyer with experience in drug cases passes through the basic question in drug files: whether the act is drug trafficking (TCK Art. 188) or possession for personal use (TCK Art. 191). A lawyer experienced in drug cases is expected to assess the quantity of the seized substance, the manner of packaging and the relationship between buyer and seller in terms of this distinction, and to discuss with you at the outset of the file the possibility of effective repentance (TCK Art. 192).

When looking for a lawyer for a high criminal court file, one considers whether the lawyer has worked on defence issues before the High Criminal Court such as the direction of intent and the proportionality requirement of legitimate defence (TCK Art. 25/1); in an unlicensed weapon file, one considers whether the lawyer can identify at the outset of the file which paragraph of Law No. 6136 will apply (possession, carrying or a single weapon at home). Since there is no official ranking of high criminal court lawyers in Adana, these criteria place the choice on a firmer footing than recommendations and advertising. For the criminal investigation and statement stage, see our guide to choosing a criminal lawyer, and for the high criminal court hearing stage, see our guide to choosing a high criminal court lawyer.

In-Depth Experience in the Field

Av. Yakup Buğrahan SEVDİ handles files before the Criminal Judgeships of Peace, the Criminal Courts of First Instance and the High Criminal Courts in Adana. The statutory articles used in drug, fraud, wounding and weapons files are taken from the official source, as on this page, and the quoted decisions are used after their full text has been read from the case-law system.

Emergency Availability 7/24

Since the period of police custody is limited to twenty-four hours, the first hours are important. The office can be reached at any hour of the day at 0507 007 0 927. When a relative of the person in police custody calls, finding out at which law enforcement unit the person is held and for which offence they were taken into police custody, and passing this on to the lawyer, makes it easier for the lawyer to attend the statement in time.

A Transparent and Client-Focused Approach

At every stage of the file, the client is informed in writing of which decision has been given, which time limit is running and which application has been made. The lawyer's fee and the costs of proceedings are discussed separately at the first meeting and set out in a written agreement.

Reliable and Competent Legal Representation

The confidentiality of communications between lawyer and client is protected by law: the correspondence of the suspect or the defendant with their defence counsel cannot be subjected to inspection (CMK Art. 154/1). At the office, file information is shared only between the lawyer handling the file and the client.

Strategic and Outcome-Focused Thinking

In every file, a list of the evidence is first drawn up, and then each item of evidence is examined individually as to whether it was obtained lawfully and what it proves. The aim of the defence varies according to the file: acquittal, a decision of no penalty to be imposed, characterisation as a lighter type of offence, effective repentance or HAGB. In the legal profession, no particular outcome can be promised; the commitment given is that every right of defence will be exercised in time and in full.

Our Service Areas in and Around Adana

The office of YBS Hukuk is in the Seyhan district and handles criminal files heard in the central districts of Adana. The place where the offence was committed determines in which court the criminal case will be heard; whether a High Criminal Court or a Criminal Court of First Instance has been established in a district depends on the decisions of the Council of Judges and Prosecutors and the Ministry of Justice (5235 Art. 9).

Seyhan Criminal Lawyer

The office is located on Bülent Angın Bulvarı in the Yenibaraj Neighbourhood of Seyhan. For persons apprehended or summoned to give a statement in Seyhan, the lawyer's travel to the law enforcement unit and to the courthouse is planned from this address.

Çukurova Criminal Lawyer

In allegations of fraud through information systems and of giving a bank account to another person heard in Çukurova, TCK Art. 158/1-f and TCK Art. 158/4, added by Law No. 7589, are assessed together.

Yüreğir Criminal Lawyer

In intentional wounding, threat and drug files heard in Yüreğir, the scope of victim-offender reconciliation (CMK Art. 253) and the limit of the prohibition on pre-trial detention (CMK Art. 100/4) are checked at the first stage.

Sarıçam Criminal Lawyer

In allegations of possession of an unlicensed weapon heard in Sarıçam, the distinction between the first and third paragraphs of Article 13 of Law No. 6136 determines the limit of the penalty and whether the summary procedure can be applied.

Ceyhan Criminal Lawyer

In criminal files arising from traffic accidents heard in Ceyhan, allegations of negligent homicide and negligent wounding are assessed under TCK Art. 85 and 89. The degree of fault (TCK Art. 22/4) and the distinction of conscious negligence (TCK Art. 22/3) determine the penalty and the possibility of its conversion into a judicial fine.

Adana Criminal Lawyer Fees 2026

In Adana, a criminal lawyer's fee is determined by a written agreement between the lawyer and the client and may not be lower than the amount in the Minimum Attorneyship Fee Tariff (Avukatlık Asgari Ücret Tarifesi). The fee varies according to the stage of the file, the type of court, whether the suspect is detained and the number of hearings required.

• Stage of the file: the criminal investigation, the first instance proceedings and the legal remedies each require separate work.
• Type of court: in a high criminal court file, the hearing and preparation workload differs from that in a criminal court of first instance file.
• Pre-trial detention: in a file with a detained client, meetings at the penal institution and objections are planned separately.
• Scope of the file: the number of defendants and witnesses, examination by court-appointed experts and the volume of digital evidence.

2026 Criminal Case Lawyer Fees (For Reference Only)

No figures are given on this page, because in criminal files the minimum amounts are shown separately in the Minimum Attorneyship Fee Tariff that enters into force each year, and the fee for a file can only be determined after the file has been examined. The table below shows which work appears as a separate item in the tariff and which factors change the fee.

Adana High Criminal Court Lawyer

The High Criminal Court hears offences requiring aggravated life imprisonment, life imprisonment and prison sentences of more than ten years, and offences such as robbery listed in Article 12 of Law No. 5235. Intentional homicide (TCK Art. 81, 82), drug trafficking (TCK Art. 188), robbery (TCK Art. 148) and aggravated sexual assault (TCK Art. 102/2) are the main files of this court. For offences requiring imprisonment with a lower limit of more than five years, defence counsel is appointed without the need for a request (CMK Art. 150/3).

Adana Criminal Court of First Instance Lawyer

The Criminal Court of First Instance hears cases and matters outside the jurisdiction of the Criminal Judgeship of Peace and the High Criminal Court (5235 Art. 11); simple theft (TCK Art. 141), threat (TCK Art. 106/1), insult (TCK Art. 125), simple intentional wounding (TCK Art. 86) and simple fraud (TCK Art. 157) are files frequently seen by this court. For offences requiring a judicial fine and/or a prison sentence with an upper limit of two years or less, the simple trial procedure may be applied, and in the event of conviction the final penalty is reduced by one quarter (CMK Art. 251). For offences requiring only a judicial fine or where the upper limit of the prison sentence does not exceed six months, prepayment is applied, except for offences within the scope of victim-offender reconciliation (TCK Art. 75/1).

Adana Drug Offences Lawyer

In drug files, the characterisation as trafficking (TCK Art. 188/3: imprisonment of not less than ten years) or possession for personal use (TCK Art. 191/1: imprisonment from two to five years) is decisive. In effective repentance, the penalty is reduced by one quarter to one half depending on the nature of the assistance (TCK Art. 192/3). For the offence of possession for personal use, a decision is made to postpone the filing of the public prosecution for five years (TCK Art. 191/2). Details: the offence of drug use.

Adana Fraud Lawyer

The penalty for simple fraud is imprisonment from one to five years (TCK Art. 157/1), and for aggravated fraud imprisonment from three to ten years (TCK Art. 158/1); in circumstances such as the use of information systems or banks or credit institutions as a tool, and the person presenting themselves as a public official or a bank employee, the lower limit is four years. For participation limited to giving a bank account or card to another person, the penalty is reduced by half (TCK Art. 158/4).

Adana Intentional Wounding Lawyer

The basic penalty for intentional wounding is imprisonment from one year and six months to three years (TCK Art. 86/1); for wounding that can be treated by a simple medical intervention, imprisonment from six months to one year and six months or a judicial fine is imposed upon complaint; if the offence is committed against a woman, the lower limit of the penalty may not be less than nine months (TCK Art. 86/2). In circumstances such as commission with a weapon, the penalty is increased by one half (TCK Art. 86/3); in the case of a bone fracture, or the weakening or loss of the function of an organ, TCK Art. 87 applies. Simple intentional wounding, except for the scope of TCK Art. 86/3, falls within the scope of victim-offender reconciliation (CMK Art. 253).

Adana Homicide and Murder Lawyer

The penalty for intentional homicide is life imprisonment (TCK Art. 81/1), and in aggravated circumstances aggravated life imprisonment (TCK Art. 82/1). For negligent homicide, the penalty is imprisonment from two to six years (TCK Art. 85/1). A prison sentence imposed for negligent offences may be converted into a judicial fine, even if it is long-term, where the other conditions are met; this possibility does not exist for conscious negligence (TCK Art. 50/4). Legitimate defence (TCK Art. 25), exceeding the limits owing to excusable excitement, fear or panic (TCK Art. 27/2) and unjust provocation (TCK Art. 29) are the main defence grounds in these files.

Adana Cyber Offences Lawyer

Unlawfully entering an information system requires imprisonment of up to one year or a judicial fine (TCK Art. 243/1), blocking or disrupting the system imprisonment from one to five years (TCK Art. 244/1), and misusing another person's bank or credit card imprisonment from three to six years and a judicial fine (TCK Art. 245/1). A statement taken by law enforcement without defence counsel and not confirmed in court may not form the basis of the judgment (CMK Art. 148/4).

Adana Weapons Trafficking Lawyer

In files concerning unlicensed weapons and violations of Law No. 6136, the paragraph to be applied is determined according to the nature of the act; possession of an unlicensed weapon and carrying an unlicensed weapon are, as a rule, regulated in the first paragraph, while possession of a single weapon at home or at the workplace is regulated in the third paragraph. Smuggling acts such as bringing firearms into the country, manufacturing, selling or transporting them require imprisonment from five to twelve years and a judicial fine of five hundred to five thousand days (Law No. 6136, Art. 12/1). A person who buys, carries or possesses an unlicensed weapon is punished with imprisonment from two to four years and a judicial fine of one hundred to five hundred days (Art. 13/1). Where a single weapon is kept at home or at the workplace with the usual number of rounds, the penalty is imprisonment from one to three years and a judicial fine of one hundred to five hundred days (Art. 13/3).

Since the third paragraph provides for a lighter sanction than the first paragraph, the defence separately argues on the evidence whether the weapon was bought and whether it was carried. The offence under the third paragraph of Article 13 of Law No. 6136 falls within the scope of the summary procedure (CMK Art. 250/1-b).

Adana Lawyer for Pre-trial Detention and Release

An objection to a pre-trial detention order is filed within two weeks from the day the decision is learned (CMK Art. 268/1); an objection to a decision of the Criminal Judgeship of Peace is reviewed by the Criminal Court of First Instance within its jurisdiction; if the work of the Criminal Judgeship of Peace is carried out by a judge of the Criminal Court of First Instance, the objection is reviewed by the presiding judge of the High Criminal Court (CMK Art. 268/3-b). The period of pre-trial detention is at most one year in matters not within the jurisdiction of the High Criminal Court and may be extended by six months where necessary; in matters within the jurisdiction of the High Criminal Court it is at most two years, and the extension may not exceed three years in total, or five years for the offences listed in the law (CMK Art. 102/1, 102/2). Instead of pre-trial detention, one or more judicial control obligations may be applied (CMK Art. 109). Details: objection to pre-trial detention.

YBS Hukuk acts as defence counsel and as legal representative in criminal law matters in Adana at every stage from the criminal investigation to the execution of the sentence. To discuss your file, you can contact the office by telephone, by email or by visiting the office address.

Criminal Law | Comprehensive Information

Criminal law rests on Turkish Penal Code No. 5237, which regulates offences and penalties, and Code of Criminal Procedure No. 5271, which regulates the procedure; the execution of the judgment is carried out under Law No. 5275 on the Execution of Sentences and Security Measures. In criminal files in Adana, these three laws are applied together.

Our Services in Criminal Law

• High criminal court cases (intentional homicide, drug trafficking, sexual assault, robbery)
• Intentional wounding cases and negligent homicide and wounding cases (including traffic accidents)
• Theft, robbery and fraud cases (including allegations of account renting)
• Cyber offences (TCK Art. 243, 244, 245)
• Threat, blackmail and incitement to commit an offence
• Insult (including insult committed by message and on social media)
• Possession and carrying of unlicensed weapons (Law No. 6136)
• Objections to pre-trial detention and applications for release
• Appeal and appeal to the Court of Cassation applications
• Sentence execution law (conditional release, supervised release)
• Complaint by the person harmed by the offence and request to join the case
• Deferral of the announcement of the verdict (HAGB) and objection to it
• Judicial control obligations and requests for their removal

Our Defence Strategy as an Adana Criminal Lawyer

The defence is built by weighing each item of evidence in the file against the answers to two questions: was the evidence obtained lawfully, and what does it prove? Evidence obtained unlawfully is excluded (CMK Art. 206/2-a); a statement taken by law enforcement without defence counsel may not form the basis of the judgment unless confirmed in court (CMK Art. 148/4). After the evidence has passed through this filter, the aim is set according to the remaining material: acquittal, no penalty to be imposed, characterisation as a lighter type of offence, effective repentance, HAGB or suspension of the sentence.

For offences requiring a prison sentence with a lower limit of more than five years, and where the suspect or the defendant is a child, is disabled to a degree that prevents self-defence, or is deaf and mute, defence counsel is appointed without the need for a request (CMK Art. 150/2, 150/3). In other files, choosing defence counsel is the person's own decision; however, the right to remain silent, the right to request the collection of evidence and the objection time limits are used more effectively when the lawyer joins the file from the first statement. Other articles on criminal law are on the criminal law articles page.

Recent Court of Cassation Decisions | Criminal Law

The lawfulness of search and seizure procedures directly affects the basis of the judgment in drug files. The decision below shows the consequence of a search conducted without a search witness being present.

Reversal Decision on Unlawful Search and Assessment of Evidence (Drug Trafficking)

The Chamber accepted that the search conducted without a search witness being present, contrary to CMK Art. 119/4, was unlawful and that the evidence seized in this search could not form the basis of the judgment; it reversed the judgment given for drug trafficking and ordered the release of the defendant. The decision shows the importance of reviewing the lawfulness of the search at the first stage of the file.

Adana Criminal Lawyer | Supervised Release and Sentence Execution Law

Once the judgment becomes final, the execution stage begins, and at this stage two institutions are decisive: conditional release and supervised release. For fixed-term prison sentences, as a rule, conditional release is available once half of the sentence has been served in the penal institution with good conduct; for the offences listed in the second paragraph of Article 107 of Law No. 5275, such as intentional homicide, TCK Art. 87/2-d, sexual assault (TCK Art. 102, except for the second paragraph) and offences against private life, this rate is two thirds (5275 Art. 107/2). In the case of a conviction to a fixed-term prison sentence for aggravated sexual assault (TCK Art. 102/2), sexual abuse of children (TCK Art. 103), the forms of sexual intercourse with a minor under TCK Art. 104/2 and 104/3, and manufacturing and trafficking in narcotic or stimulant substances (TCK Art. 188), the rate for conditional release is three quarters (5275 Art. 108/9). For aggravated life imprisonment, thirty years, and for life imprisonment, twenty-four years must be served in the penal institution.

A sentenced person with good conduct who is in an open penal institution or a juvenile education centre and who has one year or less remaining until conditional release may, upon request, serve the part of the sentence up to the date of conditional release under a supervised release measure; the decision is given by the enforcement judge (5275 Art. 105/A-1). To benefit from this procedure, the sentenced person must have served in the penal institution at least one tenth of the period they are required to serve there until the conditional release date, and not less than five days (5275 Art. 105/A-1, sentence added by Law No. 7550). For female sentenced persons with a child aged between zero and six, this period is two years, and for sentenced persons who cannot maintain their lives alone owing to serious illness, disability or old age, three years (5275 Art. 105/A-3). For final judgments, adaptation proceedings (uyarlama yargılaması) may be requested so that a favourable amendment of the law is applied.