Overall, the fundamental objective of the present article is to make observations about criminal cases in Turkey. The Turkish criminal justice system has been criticized because of the lack of flexibility and the length of proceedings. But we should bear in mind that there is a huge workload before the prosecutors and judges. Even any ordinary criminal investigation process may take several years. The present work basically aims at identifying the significance of legal guidance by criminal defense lawyers at the time of any criminal investigation or prosecution. For our work and all legal services on the matter of legal disputes, please click our Practice Areas, titled Dispute Resolution and Litigation.
What is the meaning of a criminal investigation?
Under the Turkish legal framework, any illegal activity or any complaint claiming illegal activity is subject to a criminal investigation process. In the case of any suspicious activity, the public prosecutor has a mandate to carry out a thorough and effective investigation. Such investigation process should be capable of leading to the identification and punishment of those responsible.
What is the High Court or Supreme Judicial Authority in Turkey?
In Turkey, the fundamental challenge faced by individuals about the Turkish justice system is that it is so scattered. To be more specific, there is no single first instance court about criminal justice. That is the case for the term “the highest court”; it is changeable according to the type of dispute. It is, however, important to underline that the District Administrative Courts perform limited functions as an appeal court. However, the Court of Cassation performs its duties as the highest criminal tribunal and appellate judicial authority in Turkey.
What is the main role of a criminal defense attorney?
A criminal investigation and criminal trial may result in a detention or arrest process during or before relevant trial process. Under Article 19 of the Turkish Constitution, everyone has the right to personal liberty and security. Likewise, according to the internationally recognized principles, everyone who is deprived of his or her liberty shall be entitled to institute proceedings before a court to verify compliance with the procedural and substantive requirements that are essential for the lawfulness. Furthermore, in accordance with Article 36 of the Turkish Constitution, everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial before the courts through legitimate means and procedures. That principle has been confirmed by the landmark international instruments including Article 6 of the European Convention on Human Rights. In that context, a criminal defense lawyer can play a critical role upon the protection of individuals from unnecessary or arbitrary criminal sanctions and unfair trials. Criminal defense lawyers are granted an opportunity to examine all the files against their clients through power of attorney documents.
Given aforementioned analysis, deprivation of liberty represents one of primary rights for every single individual. For that reason, legal defense rights should be effectively used against any claim on the allegation of committing crime. Individuals must be protected against any sort of unreasonable claims or allegations by legal practitioners.