Criminal law governs acts defined as offences and the penalties attached to them; its main sources are the Turkish Criminal Code No. 5237 (TCK) and the Code of Criminal Procedure No. 5271 (CMK). Our firm in Ankara acts for suspects and defendants at the investigation and trial stages and represents victims of crime; consultations can be held in English, Turkish and Persian.
Before a statement is taken, the suspect is informed of their rights; they have the right to remain silent and the right to the assistance of defence counsel at every stage of the investigation (CMK Arts. 147, 149). Police custody is, as a rule, limited to 24 hours from arrest (CMK Art. 91). If the suspect is a child, is unable to defend themselves, or is investigated for an offence carrying a minimum sentence of more than five years' imprisonment, defence counsel is appointed without a request (CMK Art. 150).
Where concrete evidence indicates a strong suspicion of an offence together with a ground for detention, such as a risk of flight or of evidence being destroyed, the criminal judgeship of peace may order detention (CMK Art. 100). Instead of detention, judicial control measures such as a ban on leaving the country, regular reporting or a requirement not to leave one's residence may be imposed (CMK Art. 109). These decisions can be challenged within two weeks of learning of them (CMK Art. 268).
If the public prosecutor considers that there is evidence creating sufficient suspicion, an indictment is drawn up; once it is accepted, the trial stage begins and the evidence is examined at hearings. Where the conditions are met, the court may defer the announcement of the judgment (CMK Art. 231) or suspend a prison sentence (TCK Art. 51). Judgments of first-instance courts can be appealed to the regional court of appeal (istinaf), and its judgments to the Court of Cassation (temyiz); in both cases the time limit is two weeks from notification of the judgment together with its reasoning (CMK Arts. 273, 291).
Manufacturing and trafficking of narcotic or stimulant substances is governed by TCK Art. 188, and buying, accepting or possessing them for personal use by TCK Art. 191; the distinction between the two offences depends on the quantity, the way the substance is packaged and the other evidence in the file. TCK Art. 192 provides for exemption from, or reduction of, punishment in cases of effective remorse. For details, see our articles on manufacturing and trafficking, possession for personal use and effective remorse.
A suspect, defendant or victim who does not speak Turkish well enough to express themselves is assigned an interpreter during the investigation and at the hearing (CMK Art. 202). For foreign nationals, a criminal case often affects their immigration status as well: the residence permit of a foreigner subject to criminal proceedings may be cancelled, a deportation order may be issued and a restriction code may be entered in their records. The criminal case and the residence and deportation proceedings therefore need to be handled together; the time limit for challenging a deportation order is seven days from its notification (Law No. 6458, Art. 53(3)).
A victim may file a complaint and join the proceedings as an intervening party at the trial stage (CMK Arts. 234, 237). For offences prosecuted only on complaint, the complaint must be filed within six months of learning of the act and the offender (TCK Art. 73). For certain offences listed in the law, the parties are referred to conciliation (CMK Art. 253).
