Criminal Law

Criminal law is a branch of public law that regulates criminal acts and the legal penalties for these acts. Its main goal is to protect social order and the fundamental rights of individuals. Crimes such as intentional killing, fraud, embezzlement, threats, drug trafficking, sexual offenses, forgery, and abuse of power fall under this field. These accusations do not only create legal consequences. They also affect a person’s freedom, reputation, and social life. Because of this, criminal cases must be handled with legal expertise and strategic thinking.
A criminal case goes through many stages. These include police questioning, the prosecutor’s investigation, court hearings, and if needed, appeals. During these stages, the presumption of innocence is essential. A person cannot be seen as guilty until there is a final decision by a court. Another important rule is the right to be protected from unjust harm to one’s reputation. This right ensures that people do not suffer unfair damage to their name or image during an investigation. Even if there is an allegation, no one should be treated like a criminal unless there is clear and lawful evidence.
At Uzunpınar TÜFEK International Law Firm, we help our clients protect all of their rights during criminal proceedings. We do not only use legal knowledge—we also manage each case with practical experience, clear communication, and detailed preparation. Every case is unique. We analyze all facts carefully and build a strong defense strategy based on the details. We make sure the defense fits the type of accusation, the available evidence, and the statements of witnesses.

In criminal law, taking the right action at the right time is very important. Arrest and detention decisions can happen very quickly. That is why it is critical to work with a criminal lawyer who can respond fast and effectively. In the early stages of an investigation, what you say—or don’t say—can shape the rest of the case. The right to remain silent is a basic legal right. But knowing when and how to use it is something that should be planned with a lawyer.
Criminal law is not just about “crimes.” It is also about protecting a person’s honor, future, and freedom. That is why we see criminal defense not only as legal work but also as a duty to protect human rights and fair trial principles. In every case, we care about our client’s freedom as much as their public image. We examine the evidence, request expert reports when needed, question witnesses, and follow every step of the case carefully.
A good defense strategy is not only about legal arguments. It is also about timing, tone, and balance. Being aggressive or too passive can both harm the result. We aim to keep a strong and respectful approach in every stage of the case. Our law firm, based in Istanbul, offers professional legal support in all areas of criminal law. From the investigation phase to the final verdict, we stand by our clients and protect their rights with care and determination.

Our Criminal Law Services
1. Fraud and Breach of Trust Offenses
(Defense in cases of qualified fraud or allegations of abuse of trust)
2. Drug Offenses
(Legal support in cases involving drug trafficking or drug use, including provisions for effective remorse)
3. Homicide and Assault Offenses
(Defense in intentional or negligent homicide, and bodily harm cases)
4. Theft and Robbery Offenses
(Legal representation in cases of residential or commercial theft, robbery or extortion)
5. Traffic Offenses (Driving Under the Influence, Negligent Injury)
(Legal processes in cases of drunk driving or causing accidents)
6. Insult, Threat, and Blackmail Offenses
(Defense in cases of insult, threat, or blackmail claims via social media or in person)
7. Cybercrimes
(Internet fraud, unauthorized access to information systems, and data theft offenses)
8. Detention, Arrest, and Defense Rights
(Protection of rights during police custody, objections to arrest, and requests for judicial control)
9. Appeal and Cassation Processes in Criminal Cases
(Preparation of appeal and Supreme Court applications against conviction decisions)
10. And beyond these, we provide legal services in all areas of criminal law.

FREQUENTLY ASKED QUESTIONS

1. What does a criminal lawyer do?
A criminal lawyer is a legal expert who protects the rights of individuals accused of a crime and represents them throughout the judicial process. They handle every stage, from giving statements and evaluating evidence to building a defense strategy and following court proceedings. The lawyer also steps in during situations like detention, arrest, or judicial control to prevent loss of rights. Their goal is to prove the client's innocence or minimize the legal consequences using knowledge and strategic planning. For serious criminal cases, working with an experienced criminal lawyer is highly important.

2. How is a criminal case filed?
A criminal case usually begins when someone files a complaint with the prosecutor’s office claiming a crime has been committed. If the prosecutor finds enough suspicion of a crime, an indictment is prepared and submitted to the relevant criminal court. Once the court accepts the indictment, the prosecution process officially begins. In some situations, like being caught in the act or high-profile public incidents, investigations may start automatically. If someone believes they have been a victim of a crime, they can apply to the prosecutor to request a criminal case.

3. What are the rights of a person in custody?
One of the most basic rights of a person in custody is the right to remain silent. They also have the right to meet with a lawyer and request legal representation. During custody, the person must not be subjected to torture or ill-treatment, which is protected by constitutional law. The custody procedure must be immediately reported to a close relative of the person. At the end of the custody period, the individual may be released or brought before a judge for a decision on detention.

4. On what grounds is an arrest order issued?
An arrest order is issued when there is strong suspicion of a crime and a risk that the suspect may flee or tamper with evidence. The judge evaluates the available evidence to decide whether arrest is necessary. Arrest is a serious measure that restricts personal freedom and should only be used in exceptional cases. The judge must also consider whether lighter measures like judicial control would be sufficient. The person has the right to appeal the arrest decision.

5. How is the right to remain silent used in a criminal case?
The right to remain silent is a constitutional right that protects a person from being forced to testify against themselves. A person may choose not to give a statement, and this choice cannot be used as evidence against them. Especially during the early stages of an investigation, consulting a lawyer helps ensure this right is used correctly. The right can be exercised at any point, and the person may later decide to testify. However, it should be used strategically, based on timing and legal advice.

6. How is evidence collected in a criminal trial?
In a criminal trial, evidence is collected by the prosecutor and law enforcement. This includes witness statements, camera footage, written documents, expert reports, and digital materials. The evidence must be obtained legally; otherwise, it will not be accepted by the court. The defendant may also present evidence in their favor. The evidence collection process is critical to ensuring a fair trial.

7. When is a criminal defense lawyer mandatory?
In criminal proceedings, having a lawyer is mandatory in certain cases. Especially in serious criminal courts, the defendant must be represented; otherwise, the court appoints a public defender. A lawyer is also required for minors, deaf or mute individuals, and other special groups. If the person cannot hire a lawyer, one is assigned by the bar association. This ensures the right to defense is fully protected.

8. What is judicial control and when is it applied?
Judicial control is a protective measure used as an alternative to detention. The person is released but must follow certain conditions. These may include a travel ban, signing in at a police station on specific days, or avoiding contact with certain people. If the judge believes the person may flee or tamper with evidence but considers arrest too severe, judicial control is applied. It is a lighter measure compared to detention.

9. Is it possible to consult a lawyer before giving a statement?
Yes, the right to consult a lawyer before giving a statement is protected by the constitution. A person in custody can speak with their lawyer in private and prepare their defense. Law enforcement cannot prevent this meeting. The lawyer may also be present while the person is giving their statement. This right is essential for a well-informed and effective defense.

10. What is an acquittal and what does it mean?
An acquittal is a court decision that declares the defendant not guilty. It may be given due to lack of evidence, insufficient suspicion, or the act not being considered a crime. Once finalized, an acquittal removes any criminal liability from the person. It is a legal confirmation of the defendant’s innocence. This decision is also crucial for restoring the individual’s reputation.

11. Which crimes are handled by the high criminal court?
High criminal courts are responsible for handling more serious offenses. Crimes such as intentional homicide, robbery, qualified fraud, embezzlement, sexual assault, and drug trafficking fall within their jurisdiction. These crimes often carry prison sentences of 10 years or more, requiring more complex and serious trials. In these courts, procedural rules are strictly followed. Therefore, working with an expert criminal lawyer is critically important.

12. If a complaint is withdrawn, does the criminal case end?
Some crimes require a formal complaint to begin legal proceedings. In these cases, if the complaint is withdrawn, the case may be dismissed. However, for crimes that affect public order and are investigated automatically, the case continues even if the complaint is withdrawn. For example, in crimes like sexual assault, homicide, or drug offenses, no complaint is needed. This distinction is based on the principle of protecting public interest in criminal law.

13. What is the statute of limitations for a crime?
The statute of limitations refers to the time limit within which a crime must be investigated and prosecuted. If this period expires, a case cannot be filed, or if already filed, it is dismissed. The time limit varies depending on the type of crime; for instance, simple assault has a shorter limit, while intentional murder has a much longer one. The period begins from the date the crime was committed. However, in some cases, the limitation may be interrupted or paused.

14. What are the criminal sanctions?
The main sanctions in criminal law are imprisonment and judicial fines. Prison sentences can be short-term, long-term, or life imprisonment. In some cases, the court may postpone the sentence, suspend the verdict, or apply alternative sanctions. For example, the punishment may be converted into community service. The type of sanction depends on the nature of the offense and the personal circumstances of the offender.

15. What is the suspension of the announcement of the verdict (HAGB)?
HAGB is a legal practice where the court delays announcing a sentence even after finding the defendant guilty. If the defendant does not commit a new crime during the probation period, the case ends as if no sentence was ever issued. This provides a major benefit, especially because it does not appear on the criminal record. However, the defendant must consent to this decision. HAGB is particularly useful for first-time offenders.

16. What is the importance of witnesses in a criminal trial?
Witnesses are key sources of evidence that help clarify the facts in a criminal case. Their statements may strongly support or refute the claim that a crime was committed. Courts evaluate witness testimony based on consistency, neutrality, and relevance to the case. Both the defense and the prosecution can present witnesses. A well-delivered witness statement can significantly influence the outcome of a case.

17. Is it mandatory to hire a lawyer in a criminal case?
Hiring a lawyer in a criminal case is not always mandatory, but in some situations, it is required. For example, defendants tried in high criminal courts must have legal counsel. If they cannot hire a lawyer, one is appointed by the bar association. Even when not mandatory, working with a criminal defense lawyer is crucial to protect one’s rights. Complex procedures and legal details demand professional expertise.

18. Can a criminal case be filed against an innocent person?
Yes, sometimes a case can be filed against an innocent person due to lack of evidence or misjudgment. However, throughout the trial, the presumption of innocence applies. The defendant is considered innocent until the court reaches a final decision. In such cases, a strong defense may result in acquittal. The goal of criminal proceedings is to uncover the truth and prevent unjust punishment.

19. How long does a criminal case take?
The duration of a criminal case depends on its complexity, number of witnesses, evidence, and the court’s workload. Simple cases may conclude within a few months, while serious criminal trials can take years. Appeal and cassation processes may extend the timeline further. Completing a trial within a reasonable time is part of the right to a fair trial. A lawyer’s active involvement can help avoid unnecessary delays.

20. What are the possible outcomes of a criminal case?
At the end of a criminal case, the court may decide on acquittal, conviction, or suspension of the announcement of the verdict (HAGB). If the evidence proves the crime, the court issues a conviction. If the offense is not proven, the person is acquitted. In some cases, even if a sentence is given, the court may delay announcing it (HAGB). The outcome directly affects the person's criminal record and future.

21. What is reconciliation in a criminal case and for which crimes is it possible?
Reconciliation is an alternative solution method that allows the parties in a criminal case to reach an agreement and end the trial process. It is generally applied in minor crimes that depend on a formal complaint and where the victim's consent is possible. If reconciliation is successful, the case is dismissed, and the defendant is not punished. An official mediator assigned by the prosecutor facilitates this process. Reconciliation reduces the burden on the courts and allows victims to achieve a satisfactory outcome.

22. Can a criminal court decision be appealed?
Yes, decisions made by a criminal court can be appealed. The first step is to apply to the regional court of appeal. In certain cases, the decision of the appellate court can also be brought before the Supreme Court. These processes are important for correcting possible mistakes and ensuring a fair trial. If no appeal is filed within the legal time limit, the decision becomes final.

23. Can a criminal case be conducted without a lawyer?
Yes, a person can choose to defend themselves without a lawyer. However, criminal proceedings are technical and complex. Understanding laws, procedures, and evidence evaluation requires professional knowledge. Therefore, having a lawyer in a criminal case is very important to avoid mistakes and protect rights. Although possible, self-representation is not recommended.

24. Does being accused of a crime result in a criminal record?
Simply being accused of a crime or having a case filed does not create a criminal record. A criminal record only forms when there is a final conviction by the court. A person who is acquitted or whose trial is still ongoing is not considered a criminal. HAGB decisions also do not appear in the criminal record. Therefore, the right to reputation and non-stigmatization is preserved.

25. What happens if a criminal case is dismissed?
If a criminal case is dismissed, the trial process ends, and no punishment is given to the defendant. The case may be dismissed due to reconciliation, statute of limitations, withdrawal of complaint, or lack of sufficient evidence. This decision means the person is considered not guilty. Dismissal does not affect the person’s criminal record. Legally, it is treated as if the person was acquitted.

26. How can a criminal record be cleared?
A criminal record can be cleared after the sentence has been completed and certain legal conditions are met. The person must apply to the court or the public prosecutor’s office to request the removal of the record. In cases of HAGB or acquittal, no criminal record is created in the first place. Once the record is deleted, the person receives a clean criminal background certificate. This is important for allowing individuals to rebuild their social and professional lives.

27. Does traveling abroad affect a criminal case?
In some criminal cases, the court may restrict travel abroad. Especially for defendants with a flight risk, a travel ban can be imposed as part of judicial control. However, traveling abroad does not automatically mean the person is guilty. If there is no arrest warrant, and no legal restriction, the person can leave the country. Still, the defendant is expected to attend trial proceedings.

28. Is it appropriate to post on social media during a criminal case?
Posting on social media during an ongoing criminal case can be legally risky. Comments about the case may be considered evidence or influence the trial’s fairness. Such actions could harm impartial proceedings and may negatively affect either the defendant or the victim. Revealing trial-related information may even constitute a criminal offense in certain situations. Therefore, respecting the confidentiality of the process is essential.

29. What rights does the victim have in a criminal case?
The victim in a criminal case has many rights, such as filing a complaint, submitting evidence, presenting witnesses, participating in the trial, and appealing the decision. They also have the right to attend hearings and be represented by a lawyer. Since the victim is directly affected by the outcome, they can express their opinions and requests to the court. Protective measures like confidentiality, restraining orders, or safety precautions may be applied. The victim’s rights are a vital part of a fair trial.

30. Can a statement be changed during a criminal trial?
Yes, during a criminal trial, a witness or defendant can change their statement. However, the court evaluates such changes carefully. Inconsistencies between statements may affect the credibility of the person. Therefore, any changes must be clear, consistent, and well-justified. Giving a false statement can result in legal consequences.