Criminal Defence Lawyer

A criminal defence lawyer is a legal specialist who defends the legal rights of suspects, defendants and victims (complainants) during the investigation and trial of acts defined as crimes by law.

Unlike other branches of law, criminal law directly affects a person's liberty, dignity and future (their criminal record).

For this reason, even the smallest procedural error or a missed deadline for an objection in a criminal file can lead to irreparable harm and unjust prison sentences.

Although the "presumption of innocence" is a fundamental principle of criminal proceedings, in practice it is very difficult for a person to defend their own rights alone against law enforcement (police/gendarmerie) and the prosecutor's office.

Especially during moments of maximum stress and pressure, such as police custody, statements given without legal guidance often become the strongest evidence used against the person in later court proceedings.

In these critical processes, the presence of a specialist defence counsel is not a luxury but a legal necessity for justice to be done.

If an investigation has been opened against you or you are a party to a criminal case, it is vital to exercise your legal rights fully and to ensure that all evidence in your favour is properly presented to the court.

Bursa Mudanya Law Office stands by you with its experienced criminal law team to protect your liberty and legal security from the first moment of the investigation to the end of the Court of Cassation process.

Criminal Law and the Role of the Lawyer

Criminal law is the branch of public law that determines which acts are crimes and what sanctions (imprisonment, judicial fines, etc.) apply to them in order to maintain public order.

In this system, while the prosecution investigates the offence with all its powers, the role of the criminal defence lawyer is to ensure that the state uses this power proportionately and lawfully, that evidence is collected lawfully, and that the factors in the defendant's favour are brought to light.

The Importance of a Lawyer During the Investigation

The investigation is the "preparatory" phase from the moment the prosecutor or law enforcement learns of a suspected offence until the indictment is accepted and the case begins.

The foundation of the criminal file is laid at this stage.

Custody and Statements

Custody is the period in which the suspect is most vulnerable. Under our law, the "right to remain silent" is a constitutional guarantee.

A specialist lawyer meets privately with the client before the statement, reviews the accusations in the file and decides strategically whether the right to remain silent should be exercised and how the statement should be given.

Statements taken without a lawyer present may later be rejected in court.

Objecting to Detention Orders

Detention is not a punishment but a temporary measure intended to prevent the person from fleeing or tampering with evidence. Detention orders issued by a Criminal Judgeship of Peace must be challenged within 7 days.

The lawyer prevents the restriction of liberty by presenting legal arguments that the suspect has a fixed residence, that the evidence has already been collected, and that "judicial control" measures (reporting obligations, travel bans) can be applied instead of detention.

Indictment and Defence Strategy

When the prosecutor obtains evidence giving rise to sufficient suspicion, they prepare an "indictment" and submit it to the court.

The lawyer's task at this stage is to identify contradictions in the indictment and evidence obtained unlawfully (for example, through an improper search warrant), and to build the main defence strategy for the trial (prosecution) stage.

The Trial and the Defence

The trial stage begins when the court accepts the indictment. The suspect now becomes a "defendant", and the process takes place in the courtroom.

Hearing Strategy and Evaluation of Evidence

Examining witnesses, reviewing expert reports and rebutting the other side's claims at hearings depend on the lawyer's expertise.

Critical legal arguments — that the elements of the offence are not present, that the act falls within self-defence, or that a reduction for unjust provocation should apply — are presented to the court at this stage.

Appeals to the Regional Court and the Court of Cassation

The first-instance court's decision (acquittal or conviction) is not final.

Decisions that are unlawful or based on incomplete examination can be appealed to the Regional Courts of Appeal (istinaf) and then to the Court of Cassation (temyiz).

NOTE: With the 8th Judicial Package that entered into force in 2024, the deadlines for appeals to the regional court and the Court of Cassation in criminal cases were harmonised and updated to 2 weeks (14 days) from service of the decision.

Missing these deadlines results in the decision becoming final and the prison sentence being enforced.

Jurisdiction of the Criminal Courts

Criminal cases are heard in different courts depending on the seriousness of the offence and the length of the prison sentence provided by law.

Assize Courts (Ağır Ceza Mahkemeleri)

The highest first-instance courts, which hear offences carrying a maximum sentence of more than 10 years and serious cases such as robbery, intentional homicide, aggravated fraud, bribery and offences against the state.

Criminal Courts of First Instance (Asliye Ceza Mahkemeleri)

Courts that try general offences outside the jurisdiction of the Assize Court, carrying up to 10 years' imprisonment (intentional injury, theft, threats, insult, fraud, etc.).

Criminal Judgeships of Peace (Sulh Ceza Hâkimlikleri)

The authority that, during the investigation stage before a case is filed, issues decisions restricting personal liberties — such as detention, judicial control, searches, seizures and interception of communications (phone tapping) — and examines objections to prosecutors' decisions (such as decisions of non-prosecution).

Enforcement Law and Supervised Release

Criminal proceedings do not end when the court imposes a prison sentence.

Where and how a final sentence will be served, the conditions for transfer from closed to open prison, and the calculation of supervised release and conditional release periods — which allow part of the sentence to be served in the community — form a separate area of enforcement law requiring expertise.

Conclusion

A criminal defence lawyer is your most vital legal shield: proving your innocence against the accusations made against you, preventing unjust penalties and defending your individual rights against the power of the state.

Criminal proceedings are a path with no way back; a statement based on hearsay or a missed statutory deadline (especially the new 2-week appeal periods) can directly result in the loss of your liberty.

To exercise your right to a fair trial, exclude unlawful evidence from the file and avoid putting your liberty at risk, Bursa Mudanya Law Office undertakes your professional defence, standing by you from the very start of the investigation through to the enforcement stage.

Frequently Asked Questions