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YBS Hukuk is a law office in Adana that acts as defence counsel for suspects and defendants and as counsel for the relatives of the deceased as intervening party (katılan, the person harmed by the offence who has joined the criminal proceedings) in intentional homicide (kasten öldürme) files. Linking each point to the wording of the law, the page explains the penalty for intentional homicide (TCK Art. 81/1 life imprisonment, Art. 82 aggravated life imprisonment (ağırlaştırılmış müebbet hapis) in aggravated circumstances), the distinction between intent to kill and intent to wound (Criminal General Assembly of the Court of Cassation 04.02.2026, 2026/62 K.), unjust provocation (haksız tahrik) and legitimate defence (meşru savunma) (TCK Art. 25, 27/2, 29; Criminal General Assembly 18.02.2026, 2026/98 K.), police custody and pre-trial detention (CMK Art. 91, 100, 101), the right to join the proceedings (CMK Art. 237, 239) and the time limits for legal remedies (CMK Art. 273, 291).
This summary is provided for general information purposes. Specific legal matters require individual assessment.
Adana Homicide Lawyer | The First Step in an Intentional Homicide File
An Adana homicide lawyer is a lawyer who acts as defence counsel for the suspect or the defendant in the criminal investigation conducted for the offence of intentional homicide and in the prosecution stage before the Adana High Criminal Courts, and as counsel for the relatives of the deceased as intervening party (katılan, the person harmed by the offence who has joined the criminal proceedings). As Av. Yakup Buğrahan SEVDİ and the YBS Hukuk office, we follow intentional homicide files 7/24, from the first hour of police custody to the review on appeal to the Court of Cassation.
The name in the law for the act commonly referred to as homicide or murder (cinayet, adam öldürme) is intentional homicide (TCK Art. 81 et seq.). On this page, we explain the penalty for intentional homicide, the debate on the legal characterisation of the offence, unjust provocation and legitimate defence, the process extending from the criminal investigation to the appeal to the Court of Cassation and the rights of the relatives of the deceased, linking them to the wording of the law and to the decisions of the Criminal General Assembly of the Court of Cassation from 2026.
Adana Intentional Homicide Lawyer | Penalty Ranges and Aggravated Circumstances
The basic penalty for intentional homicide is life imprisonment; where the offence is committed in one of the aggravated circumstances (nitelikli haller), the penalty rises to aggravated life imprisonment (ağırlaştırılmış müebbet hapis). The basic provision reads as follows in the law:
"Bir insanı kasten öldüren kişi, müebbet hapis cezası ile cezalandırılır."
"A person who intentionally kills a human being shall be punished with life imprisonment." (Unofficial translation)
Adana Aggravated Intentional Homicide Lawyer and the Allegation of an Aggravated Circumstance
The aggravated circumstances are listed in TCK Art. 82/1. Where one of these circumstances appears in the indictment, the first task of an Adana aggravated intentional homicide lawyer is to measure whether the allegation is supported by the evidence in the file. If, for example, an allegation of premeditation rests only on an argument that took place beforehand, this alone should not be regarded as sufficient evidence of resolve and planning. The aggravated intentional homicide lawyer you choose should be in a position to discuss this evidence item by item before the first hearing at the Adana High Criminal Court.
| Basic form (Art. 81/1) | Life imprisonment |
|---|---|
| Aggravated circumstances (Art. 82/1) | Aggravated life imprisonment: premeditation; monstrous intent or torment; means such as fire, flood or bombing; against a direct ascendant, direct descendant, spouse, divorced spouse or sibling; against a child or a person unable to defend themselves; against a woman; on account of a public duty; the purpose of concealing an offence; indignation at failing to commit an offence; blood feud and a motive of custom (töre saiki) |
| Killing by omission (Art. 83/3) | Instead of aggravated life imprisonment, imprisonment from twenty to twenty-five years; instead of life imprisonment, from fifteen to twenty years; in other cases, from ten to fifteen years; the law also provides that the court may refrain from reducing the penalty, and the reduction is at the discretion of the court |
In files where aggravated life imprisonment is sought, one of the first questions put to Adana aggravated intentional homicide lawyers is whether the discretionary reduction (takdiri indirim) will be applied. This reduction, commonly known as the good conduct reduction (iyi hal indirimi), is set out in TCK Art. 62: where there are discretionary grounds in favour of the offender, life imprisonment is imposed instead of aggravated life imprisonment, and twenty-five years' imprisonment instead of life imprisonment. The offender's background, social relationships, and conduct after the act and during the proceedings showing regret may be taken into account in this reduction; formal attitudes and behaviour at the hearing aimed at influencing the court, on the other hand, are not taken into account by law.
Which article is applied to the file changes the penalty range by decades. For this reason, when you consult an Adana intentional homicide case lawyer, you can expect the difference between the indictment and the evidence in the file to be shown item by item at the first meeting. In an allegation of an aggravated circumstance, we first look for concrete evidence showing preparation and planning; each witness statement and item of correspondence on which the allegation of premeditation rests is a document that an Adana aggravated intentional homicide case lawyer needs to examine separately.
Legal Characterisation of the Offence from the Perspective of an Adana Homicide Case Lawyer: Intent to Kill, Conditional Intent and Wounding
Not every incident resulting in death is intentional homicide. If the offender's intent was directed at wounding and death occurred as a consequence of that wounding, the applicable provision is TCK Art. 87/4, and the penalty, instead of life imprisonment, is imprisonment from ten to fourteen years, or from fourteen to eighteen years if the wounding was committed in one of the circumstances in TCK Art. 86/3, for example with a weapon. In the case of conditional intent (olası kast, where the offender foresees death and nevertheless acts), under TCK Art. 21/2 life imprisonment is imposed instead of aggravated life imprisonment, and imprisonment from twenty to twenty-five years instead of life imprisonment. If death did not occur, the file turns into a debate on attempt (TCK Art. 35) or wounding; we explain the wounding side of this distinction separately on our Adana wounding offences lawyer page.
In the debate on characterisation, what is decisive is not so much what the defendant says as the location and number of the wounds, the nature of the instrument used and how the act came to an end. For this reason, we examine the autopsy report and the forensic medical examination at the first reading; where it is not certain from whom and with which instrument the fatal blow came, we base the defence on this uncertainty being assessed in favour of the defendant.
In its decision dated 04.02.2026, E. 2024/461, K. 2026/62, the Criminal General Assembly of the Court of Cassation set out the criteria distinguishing intent to kill from intent to wound as follows:
"... bir eylemin öldürme kastıyla mı, yoksa yaralama kastıyla mı icra edildiğinin belirlenmesinde; fail ile mağdur arasında husumet bulunup bulunmadığı, varsa husumetin nedeni ve derecesi, failin suçta kullandığı saldırı aletinin niteliği, darbe sayısı ve şiddeti, mağdurun vücudunda meydana getirilen yaraların yerleri, nitelik ve nicelikleri ... söz konusu hükmün, sanığın eyleminin neticesi sebebiyle ağırlaşmış yaralama suçunu oluşturduğunun gözetilmemesi isabetsizliğinden BOZULMASINA ... 04.02.2026 tarihinde yapılan ikinci müzakerede ön sorun ve esas uyuşmazlık konusu bakımından oy çokluğuyla karar verildi."Unofficial translation
"... in determining whether an act was carried out with intent to kill or with intent to wound; whether there is enmity between the offender and the victim, and if so, the reason for and degree of the enmity, the nature of the weapon of attack used by the offender in the offence, the number and severity of the blows, the locations, nature and number of the wounds caused on the victim's body ... REVERSAL of the said judgment on account of the error of failing to take into consideration that the defendant's act constitutes the offence of wounding aggravated by its consequence ... it was decided by majority, at the second deliberation held on 04.02.2026, in respect of the preliminary issue and the main issue in dispute."
We have also discussed the fine line between conscious negligence (bilinçli taksir, where the offender foresees the result but does not want it) and conditional intent in our article what is conscious negligence. Negligent homicide is not the subject of this page; those files are explained on our Adana criminal lawyer page. In files where intent to kill is alleged, the possibility of conditional intent and conscious negligence should also be discussed separately at the first meeting you hold with an Adana homicide offence lawyer.
Legitimate Defence, Exceeding Its Limits and Unjust Provocation
In an intentional homicide file, there are three institutions that remove the penalty entirely or reduce it considerably: legitimate defence (meşru savunma), exceeding the limits of legitimate defence in an excusable manner, and unjust provocation (haksız tahrik). Each of these three institutions is assessed together with the camera footage of the moment of the incident, witness statements and forensic reports; when handing over the file to an Adana intentional homicide offence lawyer, we recommend that you also provide a list of these records.
Legitimate defence and exceeding its limits
Under TCK Art. 25/1, no penalty is imposed on the offender for an act committed out of the necessity to repel, at that moment and in proportion to the attack according to the situation and circumstances, an unjust attack directed against a right belonging to themselves or to another that is occurring, is certain to occur or is certain to be repeated. Even where proportionality has been exceeded, the law additionally recognises the following safeguard:
"Meşru savunmada sınırın aşılması mazur görülebilecek bir heyecan, korku veya telaştan ileri gelmiş ise faile ceza verilmez."
"Where exceeding the limits in legitimate defence results from excusable excitement, fear or panic, no penalty shall be imposed on the offender." (Unofficial translation)
Unjust provocation
If the incident was started by an unjust act of the deceased, the defendant's penalty is reduced at the rates set out in the law:
"Haksız bir fiilin meydana getirdiği hiddet veya şiddetli elemin etkisi altında suç işleyen kimseye, ağırlaştırılmış müebbet hapis cezası yerine onsekiz yıldan yirmidört yıla ve müebbet hapis cezası yerine oniki yıldan onsekiz yıla kadar hapis cezası verilir. Diğer hallerde verilecek cezanın dörtte birinden dörtte üçüne kadarı indirilir."
"A person who commits an offence under the influence of anger or severe distress caused by an unjust act shall be sentenced to imprisonment from eighteen to twenty-four years instead of aggravated life imprisonment and to imprisonment from twelve to eighteen years instead of life imprisonment. In other cases, the penalty to be imposed shall be reduced by one quarter to three quarters." (Unofficial translation)
The absence of an eyewitness is not in itself an obstacle to proving unjust provocation. In a recent decision, the Criminal General Assembly of the Court of Cassation clearly emphasised that a defence which cannot be disproved and the doubt that arises must be assessed in favour of the defendant:
In its decision dated 18.02.2026, E. 2024/169, K. 2026/98, the Criminal General Assembly of the Court of Cassation set out the assessment of the defence of unjust provocation in the offence of intentional homicide as follows:
"... sanık savunmalarının aksinin kanıtlanamadığı ve oluşan şüphenin sanık lehine değerlendirilmesi gerektiği, açıklanan nedenle de maktulden kendisine yönelen hakaret ve tehdit içerikli sözlerin meydana getirdiği hiddet ve şiddetli elemin etkisi altında müsnet işlediği kabul edilmesi gereken sanık hakkında TCK’nın 29. maddesinde düzenlenen haksız tahrik hükmünün uygulanması gerektiği kabul edilmelidir. ... sanık hakkında asgari oranda haksız tahrik hükmünün uygulanması gerektiğinin gözetilmemesi isabetsizliğinden BOZULMASINA ... 18.02.2026 tarihinde yapılan ikinci müzakerede oy çokluğuyla karar verildi."Unofficial translation
"... it must be accepted that the defendant's statements in defence could not be disproved and that the doubt that has arisen must be assessed in favour of the defendant, and, for the reason explained, that the unjust provocation provision regulated in Article 29 of the TCK must be applied in respect of the defendant, who must be accepted as having committed the imputed offence under the influence of the anger and severe distress caused by the insulting and threatening words directed at the defendant by the deceased. ... REVERSAL on account of the error of failing to take into consideration that the unjust provocation provision must be applied in respect of the defendant at the minimum rate ... it was decided by majority at the second deliberation held on 18.02.2026."
We should point out that this decision was given by majority and that each file is assessed on the basis of its own evidence. We recommend that you build the defence of unjust provocation consistently from the first statement onwards and with supporting evidence such as witnesses and forensic reports.
From the Criminal Investigation to the High Criminal Court: Police Custody, Pre-trial Detention, Autopsy
An intentional homicide file is heard by the High Criminal Court, which has jurisdiction over offences requiring aggravated life imprisonment and life imprisonment (Law No. 5235, Art. 12). At the police custody stage, the question most frequently put to Adana intentional homicide lawyers is whether the suspect will be placed in pre-trial detention; you can find the answer in the steps below. The process proceeds in the following order:
- Police custody: the period is at most twenty-four hours from the moment of apprehension; the time necessary to bring the person to the judge nearest to the place of apprehension is not included in this period and is at most twelve hours (CMK Art. 91/1).
- Defence counsel: for offences whose lower limit requires imprisonment of more than five years, defence counsel is appointed for the suspect without the need for a request (CMK Art. 150/3). When pre-trial detention is requested, the suspect benefits from the assistance of defence counsel of their own choosing or appointed by the bar association (CMK Art. 101/3).
- Pre-trial detention: intentional homicide is one of the catalogue offences (katalog suçlar) in CMK Art. 100/3; for these offences, the existence of a ground for detention may be presumed by law. A pre-trial detention order must show, with concrete facts, strong suspicion of an offence, a ground for detention, proportionality and the insufficiency of judicial control (adli kontrol, supervisory obligations imposed as an alternative to pre-trial detention) (CMK Art. 101/2). There is a right to object to this decision.
- Crime scene and autopsy: the crime scene examination report, the ballistics report and the autopsy report are the backbone of the file. Where the reports are contradictory, we request an additional report or an examination by a court-appointed expert.
- Indictment and hearing: after the indictment is accepted, we closely follow, at the hearings, the statements of witnesses and court-appointed experts, the discussion of the evidence and the full exercise of the right of defence.
Police custody and the first statement are the most critical hours of the file; attending the statement with an Adana murder offence lawyer is important so that the subsequent defence does not contradict this statement. For the procedure and the conduct of hearings at the High Criminal Court, you can refer to our Adana high criminal court lawyer page. If an unlicensed weapon was used in the incident, our Adana firearms lawyer page provides guidance on the separate offence under Law No. 6136.
Adana Murder Case Lawyer: Representing the Relatives of the Deceased
What the relatives of the deceased first want to learn from Adana murder lawyers is how they can join the case. In an intentional homicide file, the relatives of the deceased have the right to join the case in their capacity as persons harmed by the offence. Under CMK Art. 237/1, the request to join may be made at any stage of the prosecution stage before the court of first instance until judgment is rendered. For offences whose lower limit requires imprisonment of more than five years, a lawyer is appointed by the bar association for the intervening party upon request (CMK Art. 239/1). As an Adana law office handling murder cases, the main tasks we follow when acting as counsel for the intervening party are as follows:
- Complete collection of evidence in the criminal investigation: a written request to the public prosecutor's office for camera footage, HTS records, the crime scene examination and the list of witnesses.
- Supporting with evidence the allegation of an aggravated circumstance (such as premeditation, monstrous intent or commission against a woman).
- Submitting evidence against the allegation of unjust provocation or legitimate defence raised by the defendant's side.
- Attending the hearings, putting questions to witnesses and making submissions on the merits.
- Lodging an appeal and an appeal to the Court of Cassation against the judgment.
Our first recommendation to relatives of the deceased who are looking for the right murder case lawyer in Adana is that, without waiting for the choice of a lawyer, they keep every document and message they hold relating to the incident without making any changes, and that they do not post about the incident on social media.
Limitation Period, Appeal and Appeal to the Court of Cassation
Although the limitation period for prosecution in intentional homicide is long, the time limits for legal remedies against the judgment are only two weeks. The difference between these two periods must not be overlooked; a murder lawyer in Adana who takes over the file at the legal remedy stage must calculate the time limit for the application to be made to the Adana Regional Court of Appeal from the date of service.
| Limitation period for prosecution, case requiring aggravated life imprisonment | 30 years (TCK Art. 66/1-a) |
|---|---|
| Limitation period for prosecution, case requiring life imprisonment | 25 years (TCK Art. 66/1-b) |
| Time limit for appeal | Two weeks from service of the judgment together with its reasoning (CMK Art. 273/1) |
| Time limit for appeal to the Court of Cassation | Two weeks from service of the judgment of the Regional Court of Appeal together with its reasoning (CMK Art. 291/1) |
The first legal remedy against the judgment of the High Criminal Court is an appeal; the Regional Court of Appeal examines judgments concerning imprisonment of fifteen years or more of its own motion, even where no application is made (CMK Art. 272/1). When you hand over the file at this stage to an Adana aggravated intentional homicide offence lawyer, we also recommend that you ask for a reasoned appeal petition to be submitted instead of the file being left to the review of the court's own motion. Against the judgments of the criminal chambers of the Regional Court of Appeal other than reversal decisions, an appeal to the Court of Cassation lies (CMK Art. 286/1). The two Criminal General Assembly decisions mentioned above also show that errors relating to the legal characterisation of the offence and to unjust provocation can be corrected at these stages.
What Should You Look For When Choosing a Homicide Lawyer in Adana?
The answer to the question of which intentional homicide lawyer to choose in Adana should be sought in the documents specific to an intentional homicide file: the autopsy report, the crime scene examination report, and the ballistics and criminal laboratory reports. The homicide lawyer you meet should not give an opinion on your file at the Adana High Criminal Court without reading these reports, and should work out with you at the first meeting the time limit for objecting to pre-trial detention and the hearing schedule.
In our view, the right choice of a murder case lawyer in Adana is measured not by advertising but by the work devoted to the file; in a file where aggravated life imprisonment is sought, this work means studying each witness statement and each court-appointed expert report separately. When choosing among homicide lawyers in Adana, you can verify the lawyer's registration with the bar association by searching the bar association's roll (baro levhası).
Our Working Method as an Adana Homicide Law Office and Lawyers' Fees
We follow intentional homicide files directly as Av. Yakup Buğrahan SEVDİ and the YBS Hukuk office. As an Adana intentional homicide law office, after examining the documents in the file at the first meeting, we explain clearly on which statutory provisions the defence or the representation of the intervening party will be built; in an intentional homicide file, no promise of a result can be given at the first meeting. We also recommend that our readers who are looking for the right homicide lawyer in Adana expect this clarity at the first meeting.
We determine the lawyer's fee by a written agreement according to whether the file is at the criminal investigation or prosecution stage, the pre-trial detention status, the number of hearings and the legal remedy stages. In intentional homicide files conducted in pre-trial detention, we also write separately into the scope of the agreement the objections in pre-trial detention reviews and the review on appeal of the court's own motion for prison sentences of fifteen years or more. Under Attorneyship Law Art. 164, the attorney's fee may not be agreed below the minimum attorneyship fee tariff. For information, you can reach us 7/24 by telephone on 0507 007 0 927 or at destek@ybshukuk.com.tr.
For other criminal files, you can review our Adana drug offences lawyer, Adana fraud lawyer and Adana cybercrime lawyer pages.
Frequently Asked Questions About Adana Homicide Lawyers
What should I look for when choosing a homicide lawyer in Adana?
An intentional homicide file is heard by the High Criminal Court, and the penalty range extends up to aggravated life imprisonment. When choosing an intentional homicide lawyer in Adana, the criterion is not advertising but the lawyer's ability to read your file on the basis of statutory provisions and evidence. We recommend that you work with a lawyer who works regularly in criminal law and who personally reads the autopsy report, the crime scene report and witness statements. As Av. Yakup Buğrahan SEVDİ and the YBS Hukuk office, we act in Adana both as defence counsel for defendants and as counsel for the relatives of the deceased.
What is the penalty for the offence of intentional homicide?
Under Turkish Penal Code Art. 81/1, the penalty for a person who intentionally kills a human being is life imprisonment. If the offence is committed in one of the aggravated circumstances listed in TCK Art. 82/1, such as with premeditation, with monstrous intent, against a woman or against a child, the penalty is aggravated life imprisonment. Circumstances such as unjust provocation, conditional intent and attempt change these penalties at the rates set out in the law.
What is aggravated intentional homicide?
Aggravated intentional homicide is a killing committed in one of the circumstances listed in TCK Art. 82/1. Premeditation, monstrous intent or torment, commission against a direct ascendant, direct descendant, spouse, divorced spouse or sibling, commission against a child or a person unable to defend themselves, commission against a woman, commission on account of a public duty, blood feud and a motive of custom are among these circumstances. In these circumstances, the penalty is aggravated life imprisonment.
What is the difference between intentional homicide and death resulting from wounding?
If the offender's intent was directed at killing, TCK Art. 81 applies. If the intent was directed at wounding but death occurred, under TCK Art. 87/4 the penalty is imprisonment from ten to fourteen years, and in the circumstances in Art. 86/3 from fourteen to eighteen years. In its decision dated 04.02.2026, numbered 2026/62 K., the Criminal General Assembly of the Court of Cassation listed enmity, the nature of the instrument, the number of blows and the location of the wounds as criteria.
How much is the reduction for unjust provocation?
Under TCK Art. 29, imprisonment from eighteen to twenty-four years instead of aggravated life imprisonment, and from twelve to eighteen years instead of life imprisonment, is provided for a person who commits an offence under the influence of anger or severe distress caused by an unjust act. In other cases, the penalty is reduced by one quarter to three quarters.
Is it possible for a penalty to be imposed in legitimate defence?
Under TCK Art. 25/1, no penalty is imposed on the offender for an act committed out of the necessity to repel an unjust attack at that moment in proportion to the attack. Even where the limits have been exceeded, if this excess results from excusable excitement, fear or panic, there is again no penalty under TCK Art. 27/2. The assessment of proportionality depends on the facts of each file.
Must a suspect in an intentional homicide case necessarily be placed in pre-trial detention?
No. Intentional homicide is one of the catalogue offences listed in CMK Art. 100/3, and where there is strong suspicion based on concrete evidence, a ground for detention may be presumed; however, this is not an obligation. A pre-trial detention order must show, with concrete facts, strong suspicion of an offence, a ground for detention, proportionality and the insufficiency of judicial control (adli kontrol, supervisory obligations imposed as an alternative to pre-trial detention) (CMK Art. 101/2). You have the right to object to the decision.
What is the period of police custody in an intentional homicide file?
Under CMK Art. 91/1, the period of police custody is twenty-four hours from the moment of apprehension, excluding the time necessary to bring the person to the judge or court nearest to the place of apprehension. The necessary travel time is also at most twelve hours. For offences committed collectively, the public prosecutor has the power to extend this period up to three days, each time by no more than one day (CMK Art. 91/3).
Do the relatives of the deceased have the right to join the case?
Yes. Under CMK Art. 237/1, persons harmed by the offence have the right to join the public prosecution by declaring that they are complainants, at any stage of the prosecution stage before the court of first instance until judgment is rendered. For offences whose lower limit requires imprisonment of more than five years, a lawyer is appointed by the bar association for the intervening party upon request (CMK Art. 239/1). As counsel for the intervening party, we conduct the follow-up of the evidence and the legal remedies ourselves.
In which court is an intentional homicide case heard?
Under Law No. 5235, Art. 12, the High Criminal Courts have jurisdiction over cases and matters concerning offences requiring aggravated life imprisonment, life imprisonment and prison sentences of more than ten years. For this reason, the case concerning an offence of intentional homicide committed in Adana is heard by the Adana High Criminal Courts; appeal and appeal to the Court of Cassation are available against the judgment.
How many years is the limitation period for prosecution in intentional homicide?
Under TCK Art. 66/1, the limitation period for prosecution is thirty years for offences requiring aggravated life imprisonment and twenty-five years for offences requiring life imprisonment. In determining the period, the aggravated circumstances of the offence requiring a heavier penalty are also taken into account according to the evidence existing in the file (TCK Art. 66/3). The limitation period begins to run, for completed offences, from the day on which the offence was committed (TCK Art. 66/6).
How much is a homicide lawyer's fee?
We determine the fee by a written agreement according to the stage of the file, the pre-trial detention status, the number of hearings and the legal remedy stages. Under Attorneyship Law Art. 164, the attorney's fee may not be agreed below the minimum attorneyship fee tariff. You can reach us 7/24 by telephone on 0507 007 0 927 about your file.
