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The YBS Hukuk office, under the management of Av. Yakup Buğrahan SEVDİ, acts as defence counsel for defendants and as counsel for the intervening party (katılan, the person harmed by the offence who has joined the criminal proceedings) in high criminal court files in Adana. The page explains the jurisdiction of the High Criminal Court (Law No. 5235, Art. 12), its panel structure (Art. 9) and how it differs from the Criminal Court of First Instance, the fact that mandatory defence counsel (zorunlu müdafilik, defence counsel appointed without the person's request) depends on the lower limit of the penalty for the offence (CMK Art. 150/3), the order of the prosecution stage from the examination of the indictment to the judgment, and the two-week time limits for appeal and appeal to the Court of Cassation (CMK Art. 273/1, Art. 291/1). The removal of aggravated fraud from the list of offences within the court's jurisdiction by Law No. 7571, and the Court of Cassation decision of 2026 treating the absence of mandatory defence counsel at the hearing at which the judgment is rendered as a ground for reversal, are also on the page.
This summary is provided for general information purposes. Specific legal matters require individual assessment.
Our Role as an Adana High Criminal Court Lawyer
An Adana high criminal court lawyer is a lawyer who represents a person who is a suspect, defendant, victim or intervening party (katılan, the person harmed by the offence who has joined the criminal proceedings) in an offence falling within the jurisdiction of the High Criminal Court, from the first statement in the criminal investigation until the end of the review on appeal and appeal to the Court of Cassation. This area of jurisdiction consists of the offences named in Article 12 of Law No. 5235 and offences requiring a prison sentence of more than ten years, life imprisonment or aggravated life imprisonment.
On this page we address the court and procedural aspects of high criminal court proceedings: the criterion by which a file goes to the High Criminal Court, the structure of the panel, the calculation by which mandatory defence counsel (zorunlu müdafilik, defence counsel appointed without the person's request) is determined, the path followed from the indictment to the judgment, and the time limits for legal remedies. For the general framework of criminal law, we recommend that you read our Adana criminal lawyer page, and for defence issues specific to particular types of offence, our sub-pages linked below.
Offences Within the Jurisdiction of the High Criminal Court
The jurisdiction of the High Criminal Court rests on two criteria: offences individually named in the law, and the severity of the penalty. Even if an offence is not on the list by name, if it requires a prison sentence of more than ten years, life imprisonment or aggravated life imprisonment, the case belongs before the High Criminal Court.
"Kanunların ayrıca görevli kıldığı haller saklı kalmak üzere, Türk Ceza Kanununda yer alan yağma (m. 148), irtikap (m. 250/1 ve 2), resmi belgede sahtecilik (m. 204/2), (...) hileli iflas (m. 161) suçları, Türk Ceza Kanununun İkinci Kitap Dördüncü Kısmının Dört, Beş, Altı ve Yedinci Bölümünde tanımlanan suçlar (318, 319, 324, 325 ve 332 nci maddeler hariç) ve 12/4/1991 tarihli ve 3713 sayılı Terörle Mücadele Kanununun kapsamına giren suçlar dolayısıyla açılan davalar ile ağırlaştırılmış müebbet hapis, müebbet hapis ve on yıldan fazla hapis cezalarını gerektiren suçlarla ilgili dava ve işlere bakmakla ağır ceza mahkemeleri görevlidir."
"Without prejudice to cases in which the laws separately confer jurisdiction, the High Criminal Courts have jurisdiction to hear cases brought in respect of the offences of robbery (Art. 148), extortion by a public official (Art. 250/1 and 2), forgery of official documents (Art. 204/2), (...) fraudulent bankruptcy (Art. 161) in the Turkish Penal Code, the offences defined in Chapters Four, Five, Six and Seven of Part Four of Book Two of the Turkish Penal Code (excluding Articles 318, 319, 324, 325 and 332), and offences within the scope of the Anti-Terror Law No. 3713 dated 12/4/1991, as well as cases and matters concerning offences requiring aggravated life imprisonment, life imprisonment and prison sentences of more than ten years." (Unofficial translation)
In practice, the files that most frequently come before the High Criminal Court are the following:
- Intentional homicide: since Turkish Penal Code Art. 81 provides for life imprisonment, the case is heard by the High Criminal Court; details on these files are on our Adana homicide lawyer page.
- Drug trafficking: TCK Art. 188/3 provides for imprisonment of not less than ten years; defence issues are on our Adana drug offences lawyer page.
- Robbery, extortion by a public official (irtikap), forgery of official documents (Art. 204/2) and fraudulent bankruptcy: an area of jurisdiction defined by naming the offence.
- Wounding and weapons offences: depending on the aggravated form of the offence and whether the penalty in the law exceeds ten years, jurisdiction may lie with the High Criminal Court or the Criminal Court of First Instance; details are on our Adana wounding offences lawyer and Adana firearms lawyer pages.
Law No. 7571 dated 24.12.2025 removed aggravated fraud (TCK Art. 158) from the list of offences within the jurisdiction of the High Criminal Court. However, in aggravated fraud files that were pending before the High Criminal Court, or under review on appeal or appeal to the Court of Cassation, on the date the law entered into force, the former jurisdiction rule continues to apply under provisional Article 7 of Law No. 5235. For this reason, when assessing which court will hear a file, we examine the date of the indictment together with the stage the file had reached on that date; details on aggravated fraud files are on our Adana fraud lawyer page.
The Difference Between the High Criminal Court and the Criminal Court of First Instance
The jurisdiction of the Criminal Court of First Instance covers cases and matters falling outside the jurisdiction of the High Criminal Court and the Criminal Judgeship of Peace (sulh ceza hakimliği, the judgeship deciding on protective measures during the investigation) (Law No. 5235, Art. 11). The distinction between the High Criminal Court and the Criminal Court of First Instance is not limited to the severity of the penalty; the structure of the court and the consequence of breaching the jurisdiction rule also differ.
| Criterion | High Criminal Court | Criminal Court of First Instance |
|---|---|---|
| Jurisdiction | Offences listed in Law No. 5235, Art. 12, and offences requiring a prison sentence of more than ten years, life imprisonment or aggravated life imprisonment | Cases and matters outside the jurisdiction of the High Criminal Court and the Criminal Judgeship of Peace (Art. 11) |
| Structure of the court | A panel consisting of a presiding judge and two members (Art. 9) | Single judge (Art. 9) |
| Mandatory defence counsel | It depends not on the type of court but on the lower limit of the penalty for the offence in the law: for offences whose lower limit requires a prison sentence of more than five years, defence counsel is appointed without the person's request (CMK Art. 150/3) | |
| Breach of the jurisdiction rule | The court unlawfully deeming itself to have jurisdiction is a case of absolute unlawfulness (hukuka kesin aykırılık) (CMK Art. 289/1-d) | |
In proceedings before a panel, the defence must address the assessment of three judges. For this reason, we also support the oral defence at the hearing, the defence on the merits and objections to evidence with written petitions.
Mandatory Defence Counsel Is Not Limited to High Criminal Court Files
The jurisdiction of the High Criminal Court and mandatory defence counsel are not tied to the same criterion. While jurisdiction is determined by the name of the offence or by the penalty exceeding ten years, the criterion for mandatory defence counsel is the lower limit of the penalty for the offence in the law.
"(2) Müdafii bulunmayan şüpheli veya sanık; çocuk, kendisini savunamayacak derecede malul veya sağır ve dilsiz ise, istemi aranmaksızın bir müdafi görevlendirilir. (3) Alt sınırı beş yıldan fazla hapis cezasını gerektiren suçlardan dolayı yapılan soruşturma ve kovuşturmada ikinci fıkra hükmü uygulanır."
"(2) If a suspect or defendant who has no defence counsel is a child, is disabled to such a degree as to be unable to defend themselves, or is deaf and mute, defence counsel shall be appointed without their request. (3) In the criminal investigation and the prosecution stage conducted for offences whose lower limit requires a prison sentence of more than five years, the provision of the second paragraph shall apply." (Unofficial translation)
The consequence of this distinction is as follows: not every high criminal court file automatically requires mandatory defence counsel; on the other hand, mandatory defence counsel applies in some files heard by the Criminal Court of First Instance. Under CMK Art. 149/1, the suspect and the defendant have the right to benefit from the assistance of one or more defence counsel at every stage of the criminal investigation and the prosecution stage; the right to defence counsel of one's own choosing is preserved in every case.
The appointment of mandatory defence counsel is the beginning of the defence, not its end. CMK Art. 188/1 requires defence counsel to be present at the hearing in cases where the law provides for mandatory defence counsel. When we take over a file, our first task is to check, one by one, whether defence counsel was present in the records of the statement and of the interrogation, and who attended the hearing at which the judgment was rendered; this deficiency is a procedural error that may lead to the reversal of the judgment at the legal remedy stage.
The Prosecution Stage in a High Criminal Court Case, Step by Step
The prosecution stage begins with the acceptance of the indictment by the court (CMK Art. 175/1). From the perspective of the defence, the order of this stage is as follows:
- Examination of the indictment: the examination period is fifteen days from the date on which the indictment and the criminal investigation documents are submitted to the court; an indictment that is not returned within this period is deemed accepted (CMK Art. 174/1 and 174/3).
- Setting the hearing date: after accepting the indictment, the court sets the hearing date and summons those who must be present at the hearing (CMK Art. 175/2).
- Service: the indictment must be served on the defendant together with the summons; a period of at least one week between service and the hearing date is required (CMK Art. 176/1 and 176/4).
- Hearing: the panel, the public prosecutor, the court clerk and, in cases of mandatory defence counsel, defence counsel must be present (CMK Art. 188/1). The second sentence of the same paragraph introduces an exception to this rule: "Müdafiin mazeretsiz olarak duruşmaya gelmemesi veya duruşmayı terk etmesi halinde duruşmaya devam edilebilir." "If defence counsel fails to attend the hearing without an excuse or leaves the hearing, the hearing may continue." (unofficial translation) For this reason, where defence counsel will be unable to attend the hearing, they need to notify their excuse in advance, together with supporting documents.
- Judgment and service of the reasoned decision: the judgment may be a conviction, an acquittal or deferral of the announcement of the verdict (hükmün açıklanmasının geri bırakılması, HAGB); the time limit for legal remedies begins with the service of the reasoned judgment. We have explained the meaning of an acquittal decision in our article what an acquittal decision means.
The Stage of Returning the Indictment
An indictment drawn up without collecting available evidence that would directly affect proof of the offence is a ground for return under CMK Art. 174/1-b; the legal characterisation of the offence, however, is not a ground for return (Art. 174/2). For this reason, on the day the indictment is served, we draw up a list of missing evidence and of defence evidence that has not been collected.
Preparation for the Hearing
We prepare the witness list, objections to court-appointed expert reports, and requests for the examination of camera footage and communication records before the first hearing. In a high criminal court file, the first hearing is often also the session at which pre-trial detention is reviewed; for this reason, we present requests concerning pre-trial detention under a heading separate from the defence on the merits.
Pre-trial Detention, Objection to Pre-trial Detention and Judicial Control
For a defendant in pre-trial detention, the continuation of pre-trial detention is reassessed at every session. We have explained in detail the conditions for pre-trial detention in our article conditions for pre-trial detention, the objection procedure in objection to pre-trial detention, and the measures alternative to pre-trial detention in judicial control order (adli kontrol, supervisory obligations imposed as an alternative to pre-trial detention).
Time Limits for Appeal and Appeal to the Court of Cassation in High Criminal Court Cases
Against the judgment of the High Criminal Court, an appeal lies first and then, in the cases provided for by law, an appeal to the Court of Cassation. The time limit for both applications is two weeks from service of the reasoned judgment.
"İstinaf istemi, hükmün gerekçesiyle birlikte tebliğ edildiği tarihten itibaren iki hafta içinde hükmü veren mahkemeye bir dilekçe verilmesi veya zabıt katibine bir beyanda bulunulması suretiyle yapılır; beyan tutanağa geçirilir ve tutanak hakime onaylattırılır. Tutuklu sanık hakkında 263 üncü madde hükmü saklıdır."
"The appeal request shall be made within two weeks from the date on which the judgment is served together with its reasoning, by submitting a petition to the court that rendered the judgment or by making a statement to the court clerk; the statement shall be entered in a record and the record shall be approved by the judge. The provision of Article 263 is reserved for a defendant in detention." (Unofficial translation)
The same time limit applies to a request for appeal to the Court of Cassation (CMK Art. 291/1). Not every decision of the Regional Court of Appeal is open to appeal to the Court of Cassation: decisions of the Regional Court of Appeal dismissing on the merits an appeal against prison sentences of five years or less given by the first instance court are among the decisions that cannot be appealed to the Court of Cassation under CMK Art. 286/2-a. This threshold is the first criterion that determines whether an appeal to the Court of Cassation is available for convictions in high criminal court cases.
The time limit for appeal and appeal to the Court of Cassation is two weeks from service of the reasoned judgment. Missing the time limit may result in the finality of the judgment; we recommend that you speak to your lawyer on the day you learn of the date of service.
We have examined the procedure of adapting a final sentence where a change in the law in the person's favour occurs after the finality of the judgment, and the conditions for deferral of the announcement of the verdict in our article conditions for HAGB.
If Mandatory Defence Counsel Is Absent at the Hearing at Which Judgment Is Rendered: A Court of Cassation Decision
In its decision dated 22.06.2026, numbered E. 2026/6606, K. 2026/11870, the 2nd Criminal Chamber of the Court of Cassation assessed the rendering of a conviction, at a hearing at which defence counsel was not present, against a defendant to whom mandatory defence counsel had been appointed as a restriction of the right of defence, and reversed the judgment as follows:
"sanığa yüklenen 5237 sayılı Kanun’un 142/2-h ve 143. maddelerinde öngörülen suçun gerektirdiği cezanın alt sınırının 5 yıldan fazla olması ve ... 5271 sayılı Kanun’un 150/3. maddesi uyarınca sanığa zorunlu müdafi atanmış ve müdafii huzurunda savunması alınmış ise de, müdafiin hazır bulunmadığı duruşmada mahkumiyete karar verilerek aynı Kanun’un 188/1 ve 289/1-(e) maddelerine aykırı davranılması suretiyle savunma hakkının kısıtlanması, ... diğer yönleri incelenmeyen hükmün açıklanan nedenle, 5271 sayılı Kanun’un 302. maddesi gereği, Tebliğname'ye uygun olarak BOZULMASINA, ... 22.06.2026 tarihinde oy birliğiyle karar verildi."Unofficial translation
"since the lower limit of the penalty required by the offence provided for in Articles 142/2-h and 143 of Law No. 5237 attributed to the defendant is more than 5 years and ... although mandatory defence counsel was appointed to the defendant under Article 150/3 of Law No. 5271 and the defendant's defence was taken in the presence of defence counsel, the restriction of the right of defence by rendering a conviction at a hearing at which defence counsel was not present, in breach of Articles 188/1 and 289/1-(e) of the same Law, ... the REVERSAL, for the reason explained, of the judgment whose other aspects were not examined, under Article 302 of Law No. 5271, in accordance with the Opinion (Tebliğname), ... it was decided unanimously on 22.06.2026."
The decision was given in an aggravated theft file; however, the principle applies with equal weight in high criminal court files. The fact that the defence had been taken in the presence of defence counsel was not considered sufficient, and the absence of defence counsel at the hearing at which the judgment was rendered was treated as a ground for reversal. For this reason, we examine the date of the hearing at which judgment was rendered and the attendance of defence counsel under a separate heading in the appeal petition.
What Should You Look For When Choosing an Adana High Criminal Court Lawyer?
There is no single answer, valid for everyone, to the question of which Adana high criminal court lawyer to choose; the right choice depends on the type and stage of the file and on the needs of the defendant. The high criminal court lawyer you meet should not give an opinion without reading the indictment and the list of evidence in your file pending at the Adana Courthouse (Adana Adliyesi), and should calculate the time limits for pre-trial detention and objections together with you at the first meeting. It is also your right to see in a written agreement whether the lawyer will personally attend the hearings, as well as the fee and the scope of the service. We also recommend that you check whether your lawyer is registered on the roll of a bar association (baro levhası) through the roll search of the Union of Turkish Bar Associations or of the relevant bar association.
We recommend that you approach with caution any approach that states the outcome of criminal proceedings with certainty at the first meeting; the outcome is determined by the evidence in the file and the court's assessment. At the first meeting, we work out with you the procedural status of the file, the time limits that are running and the evidence on which the defence will rely, and we share openly the course we will follow. We have also explained the selection criteria in terms of mandatory defence counsel, attendance at hearings and the time limit for appeal in our guide to choosing a high criminal court lawyer.
Adana High Criminal Court Lawyers and the High Criminal Courts in Adana
In Adana, the High Criminal Courts operate within the Adana Courthouse (Adana Adliyesi), and the criminal chambers conducting the review on appeal operate within the Adana Regional Court of Appeal. As Av. Yakup Buğrahan SEVDİ and the YBS Hukuk office, we act both as defence counsel for suspects and defendants and as counsel for victims and intervening parties in files before these courts. The right of the victim and of the person harmed by the offence to join the public prosecution may be exercised until judgment is rendered by the first instance court (CMK Art. 237/1); we recommend that readers who wish to exercise this right speak to an Adana high criminal court lawyer before the time limit expires.
A high criminal court file often also brings with it questions specific to a particular type of offence. Our pages prepared by type of offence: drug offences, fraud offences, cybercrime, intentional homicide files, wounding offences and weapons offences. General questions are on our criminal law frequently asked questions page, and contact details for a meeting are on our contact details page.
Lawyer's Fee and Agreement
In a high criminal court file, we set the scope and the fee by a written agreement before the work begins. Under Attorneyship Law Art. 164, the fee for legal representation may not be agreed below the Minimum Attorneyship Fee Tariff (Avukatlık Asgari Ücret Tarifesi); we recommend that you consult the current tariff in the publication of the Union of Turkish Bar Associations.
Frequently Asked Questions About Adana High Criminal Court Lawyers
Which cases does a high criminal court lawyer take on?
They are files falling within the jurisdiction of the High Criminal Court: offences named in Law No. 5235, Art. 12, such as robbery, extortion by a public official (irtikap), forgery of official documents (Art. 204/2) and fraudulent bankruptcy, and offences requiring a prison sentence of more than ten years, life imprisonment or aggravated life imprisonment. Intentional homicide and drug trafficking fall within this second group. In the same file, we act as counsel for victims and intervening parties as well as defence counsel for defendants.
Is it mandatory to hire a lawyer in a high criminal court case?
The criterion is not the type of court but the lower limit of the penalty for the offence in the law. For offences whose lower limit requires a prison sentence of more than five years, defence counsel is appointed for the suspect or defendant without their request (CMK Art. 150/3). In this case, defence counsel must also be present at the hearing (CMK Art. 188/1). The right to defence counsel of one's own choosing, however, is preserved at every stage (CMK Art. 149/1).
How many judges does the High Criminal Court consist of?
The High Criminal Court sits as a panel consisting of a presiding judge and two members, whereas the Criminal Court of First Instance has a single judge (Law No. 5235, Art. 9). For this reason, we support the defence with written petitions in addition to the oral presentation at the hearing.
Where, and within what time limit, is an objection made against a decision of the High Criminal Court?
The appeal petition against the judgment is submitted to the High Criminal Court that rendered the judgment, and the review is carried out by the criminal chamber of the Regional Court of Appeal. The time limit for appeal and appeal to the Court of Cassation is two weeks from service of the reasoned judgment (CMK Art. 273/1 and Art. 291/1). Decisions dismissing on the merits an appeal concerning prison sentences of five years or less, however, are among the decisions that cannot be appealed to the Court of Cassation (CMK Art. 286/2-a). We recommend that you speak to your lawyer on the day you learn of the date of service.
How can I join a high criminal court case as a victim?
The victim and the person harmed by the offence may join the public prosecution at any stage of the prosecution stage before the first instance court until judgment is rendered, by stating that they are making a complaint (CMK Art. 237/1). For offences whose lower limit requires a prison sentence of more than five years, the intervening party has the right to request that a lawyer be appointed for them by the bar association (CMK Art. 239/1).
What should be considered when choosing an Adana high criminal court lawyer?
Under the Attorneyship Law, every lawyer providing services must be registered on the roll of a bar association; we recommend that you officially check your lawyer on the bar association's roll. In a high criminal court file, experience of hearings before a panel, detailed examination of the indictment and the records, and monitoring of the time limits for appeal and appeal to the Court of Cassation are decisive criteria. Setting the scope and the fee by a written agreement before the work begins is also a safeguard that protects you.
How is the lawyer's fee determined in a high criminal court case?
The lawyer's fee is the subject of a written agreement between the lawyer and the client; under Attorneyship Law Art. 164, the fee for legal representation may not be agreed below the Minimum Attorneyship Fee Tariff. At our office, the scope and the fee are set in writing by us before the work begins; we recommend that you consult the current tariff in the publication of the Union of Turkish Bar Associations.
