Ankara Criminal Lawyer: Statement and Investigation

What is criminal law?

Criminal law sets out which acts are offences, the elements of an offence, the sanctions and the procedure of the trial. The Turkish Criminal Code and the Code of Criminal Procedure are the basic foundations of this field.

In a dispute, the status of suspect or accused and the status of victim or complainant are read separately. The legal course can change with the facts, the state of the evidence and the current practice of the courts.

At which stage does defence counsel, or a representative, come in?

Legal support does not start only on the day of the hearing. A call from the police, an arrest, police custody, a statement at the public prosecutor’s office, a written request for pre-trial detention, or a criminal complaint is also a door. An early look makes the right to remain silent, the text of the minute and the time limits for an objection visible.

On the side of the accused, the work is the defence. On the side of the victim or the complainant, the work is the criminal complaint and, where there is one, acting for the victim who joins the case. The same person can hold both statuses. The files are then joined, and the representation is still read separately.

• When a summons, or a call from the public prosecutor, arrives
• Before police custody or a statement
• When a criminal complaint has been made, or while the complaint is being prepared
• When faced with pre-trial detention, judicial supervision or a search order
• At service of the indictment, at the hearing, or on an appeal

The first three steps when a summons or police custody arrives

Waiting increases the risk in the minute and in the time limits. To say that there is not yet a case does not mean the investigation has stopped. The detail of the steps is in before giving a statement.

1. 1.Keep the summons, the arrest paper or the custody document, and read the date and the status
2. 2.Consider the right to defence counsel before the statement is taken; an unprepared account goes into the minute
3. 3.The minute is read before it is signed; what is not known is not filled in with a guess

Which criminal topics appear on this page?

Criminal law covers a wide range. Headings that come up often are set out below. The list of elements for each offence is in a separate article.

• Intentional injury, threats, insult and offences against the person
• Property offences such as theft, fraud and abuse of trust
• Offences involving information systems, and files that contain digital evidence
• Traffic allegations and a criminal file after an accident
• Drug offences
• Offences against a public official, and allegations of abuse of office
• Offences that depend on a criminal complaint, and files within reconciliation

How is status separated on an allegation of fraud?

An allegation of fraud is read inside the investigation frame of this page. The complainant or the victim is the person who describes a reduction in assets brought about by deceit. The suspect is the person under investigation. The accused is the status after a prosecution has been opened. The statement minute and the criminal complaint are written separately according to those statuses. The victim describes the deceit and the loss. On the suspect’s side, the first door is the right to remain silent and the right to defence counsel.

The appearance changes. The status does not. An advertisement on the internet or on social media, money sent to a bank or to an IBAN, a promise of an investment, a crypto transfer, a deposit, and an allegation that looks like an aggravated bank or information-systems offence are read on the same page. The elements are in the offence of fraud. An aggravating appearance stays in aggravated fraud. The digital trail is in internet fraud.

A criminal complaint, or a report of an offence, can start the investigation. The public prosecutor gathers evidence. The prosecution is opened in court when the indictment is accepted. Where the papers go is in a criminal complaint for fraud. The order of the transfer receipt and the correspondence sits in the checklist for preserving fraud evidence. A criminal investigation does not mean that the money comes back. A civil action and enforcement are separate doors. The discussion of repayment sits in recovering money after a fraud. This page does not promise repayment, an acquittal or a conviction. The events are not classified before the documents have been seen.

• Bank movements, transfer receipts, and the IBAN or the account name are kept and are not deleted
• The correspondence, the advertisement screen and the account details stay in date order
• If a deposit, an investment or a crypto transfer was tied to a particular promise, that text is kept apart
• In the status of suspect, an unprepared account goes into the minute; in the status of victim, a missing transfer receipt weakens the allegation

What does the summons tell, and to whom?

An early assessment can help to reduce the risk of losing a right. Preparation before a statement, and the time limits for objecting to protective measures, matter in particular.

• People called to give a statement, or taken into police custody
• Suspects or accused persons against whom an investigation or a public prosecution has been opened
• People who want to conduct the criminal complaint in the status of victim or complainant
• People faced with an order for pre-trial detention, judicial supervision or a search
• People whose files are at the stage of appeal or cassation

How does the criminal process work?

A criminal case consists, in essence, of two main stages: the investigation and the prosecution. The rights, the time limits and the procedural rules of each stage differ. The detailed flow at the public prosecutor’s office is in the article on the investigation.

Are a statement and a judicial examination the same act?

No. A statement usually describes an account taken during the investigation, before the police or the public prosecutor. A judicial examination is, as a rule, the hearing of the suspect or the accused before a judge or a court. Both go into a minute. Reading the minute before it is signed matters in both.

Preparation, the documents and the question of defence counsel are set out in before giving a statement. This page only fixes the distinction.

• Read the contents of the summons or the invitation with care
• Keep documents, messages and records about the events in an orderly way
• Consider using the right to defence counsel
• Avoid speculation on points you do not know, or are not sure about
• Read the minute before you sign it, and point out parts that are missing or wrong

What does police custody limit?

Police custody is a temporary restriction of liberty after an arrest. The period varies with the upper limits in the Code of Criminal Procedure and with the nature of the facts. A number of hours is not written from memory. Release before the period ends, judicial supervision, or a request for pre-trial detention can arise.

The rights to have relatives told, to defence counsel, to silence and in relation to the minute are in rights in custody. The first steps after release are in after police custody.

In which situations does pre-trial detention happen?

Pre-trial detention is an exceptional protective measure in criminal procedure. As a rule, a strong suspicion that an offence has been committed, and one of the grounds for detention listed in the statute, are required. The detailed conditions are in a detention order.

• A suspicion that the suspect will abscond
• A possibility of tampering with the evidence
• A risk of pressure on a witness, the victim or other people
• The special assessments that the statute provides for the listed offences

An objection can be made to a detention order. The court also considers whether a lighter measure, such as judicial supervision, would be sufficient. The course proceeds within current legislation and the practice of the courts.

What does judicial supervision put in the place of pre-trial detention?

Judicial supervision is a set of obligations aimed at securing the trial without placing the person in prison. Measures such as signing in, a ban on leaving the country, security, or a ban on going to specified places can be imposed. The definition is in what judicial supervision is.

The obligation, a breach and the lifting of the measure are read separately. The choice of measure depends on the risk and the evidence. There is no automatic move from pre-trial detention to judicial supervision. The result of a breach is in a breach of judicial supervision.

How does an investigation by the public prosecutor proceed?

The public prosecutor gathers evidence about an event learned from a report, a criminal complaint, or of the office’s own motion. If needed, the prosecutor has inquiries made through the police, applies to an expert and hears the suspect.

If at the end of the investigation there is suspicion sufficient to open a public prosecution, an indictment is drawn up. Otherwise a decision that there is no ground for prosecution can be given. Routes of objection against these decisions can arise according to the nature of the file. The step-by-step account is in an investigation by the public prosecutor.

How are the criminal court of first instance and the assize court separated?

The competent court is, as a rule, identified according to the penalty which the statute provides for the offence and the rules of competence in the Code of Criminal Procedure. The criminal court of first instance hears many ordinary types of offence. The assize court hears the offences with heavier sanctions, or the particular listed offences, that the statute assigns to it.

An objection to competence is read with the indictment and before the first hearing. Assuming the wrong court can lengthen the file. Until the specific offence is identified, the file is not described as an assize-court file.

Which decision do an appeal and cassation examine?

An appeal against a judgment, or against certain decisions, is examined in the regional court of appeal. Cassation, in the cases the statute allows, is the route to the Court of Cassation. The difference is in appeal and cassation.

The time limit is calculated from the date of the oral pronouncement or of service. A number of days is not written from memory. Local practice on appeals is framed in the appeal before the Ankara regional court. A missed time limit carries a risk of rejection before the merits are reached.

Why are defence counsel and counsel for the participating victim separate?

Defence counsel conducts the defence of the suspect or the accused. The statement, an objection to a measure, the defence on the merits and the appeal are separated according to the work in hand. Counsel for the participating victim or the complainant carries the victim’s requests, the submission of evidence, and any claim for damages or for leave to join the case.

How the victim’s rights are used is in the victim’s rights. The retainer does not conceal work that falls outside its scope. A promise that the file will close, or of the length of a sentence, is contrary to the professional rules.

Practical mistakes that weaken the defence

• Going into a statement unprepared
• Misreading digital evidence, such as messages, email and camera footage
• An incomplete grasp of reconciliation and of withdrawing a criminal complaint
• Not knowing clearly the conditions for pre-trial detention or for judicial supervision
• Missing the time limits for an appeal

What distinction is made before a criminal complaint?

Not every criminal complaint turns into a case of its own accord. The first questions are whether the elements of an offence are present, what the evidence shows, and whether reconciliation applies.

• In offences that depend on a complaint, the time limits and the procedural rules need attention
• In a file within reconciliation, a different route can be followed
• Where offences are alleged on both sides, the files can be assessed together
• Putting the documents forward complete, and in date order, makes the course easier

The hearing and the routes of appeal

At the trial the prosecution, defence counsel and, if there is one, counsel for the participating victim present their evidence. Witnesses are heard, the expert’s report is discussed, and the opinion on the merits and the defence are given. A call to testify is a separate status. The article on a witness summons explains that distinction.

An appeal lies against the decision, and cassation if the conditions are met. The appeal court reviews procedure and the merits. The time limits extinguish the right if they are missed.

When does reconciliation arise?

Reconciliation can be applied to some offences. If the parties agree, the investigation or the prosecution can end in a different way. Withdrawing a criminal complaint can also affect the course in some types of offence.

The general frame is in what reconciliation is. For types that depend on a complaint, such as insult, reconciliation in an insult case stands apart. The scope depends on the nature of the offence, the will of the parties and the statutory conditions.

When should a legal assessment be asked for?

When a summons, an arrest paper, a criminal complaint or a measure reaches you, waiting increases the risk in the minute and in the time limits. To say that there is not yet a case does not mean the investigation has stopped.

At a first look, the summons, any earlier statement, the criminal complaint and a list of the digital records are enough. The uncertainty is left in the open. The strategy becomes clear with the papers.

The authority for the file is not chosen from the office address

The founding lawyer is Av. Ayşenur Konar (Ankara Bar Association roll 37181). The office is in Çankaya. Which public prosecutor’s office or court has the file is decided according to where the offence was committed, where the suspect is, and the procedural rules. Local papers may name units of the Ankara Courthouse. The name of a neighbourhood does not by itself confer jurisdiction.

The first meeting is arranged through contact, with the summons, the statement or the criminal complaint. There is no promise of a conviction or of release.

What should not be expected of the criminal-law page?

This page separates the statement, the measures, the type of court and the route of appeal. It does not copy out the elements of every offence. There is no claim of superiority and no promise of an outcome.

The judgment depends on the actual evidence and on the procedure in force. A number of days, and the length of a sentence, are not written from memory.