In the Turkish legal system and Lawyers’ Law, there is no classification according to law fields, and there is no clear distinction according to law fields in law practice. Therefore, every lawyer has the right to follow any case. However, most lawyers focus more on certain areas of law in their professional lives and specialize in these areas more than others.
What is a Criminal Lawyer? What Are the Duties of a Criminal Lawyer?
Lawyers who specialize in criminal law and criminal execution in the field of law are defined as criminal lawyers as a subjective definition. Criminal lawyers are concerned with defending the persons who are under investigation and the complainants’ right to complain can be exercised. They are very knowledgeable in the Turkish Penal Code, the Code of Criminal Procedure and the Constitution.
It would be correct to examine the basic concepts of criminal law for the term criminal lawyer;
What is Crime?
Human behavior that knowingly and willingly violates the legal values that must be protected for the continuation of the social order is a crime. Crimes are regulated only by law. These are unlawful acts that are sanctioned by the penal code regulated by the Turkish Penal Code or by special laws containing penal provisions.
Who is The Victim?
A victim is a person who suffers direct damage or economic loss as a result of a crime committed against him.
What is Punishment?
It is a sanction given in return for behavior determined by the law as a crime. Punishment is applied to respond to the person who committed the crime and to ensure that the same crime is not committed again. In modern law, only the state gives the punishment.
What Types of Cases Does a Criminal Lawyer Deal with?
In addition to the cases caused by the penalties arising from the commission of the acts defined as crimes in the law, they also deal with the investigation cases that begin with the filing of a criminal complaint by the complainants. Criminal lawyers deal with all cases heard in criminal courts, district courts and primary criminal courts.
The subjects of the cases falling within the scope of the criminal law attorney’s scope are generally as follows:
- Offenses of causing serious bodily harm
- Forgery in document
- Assassination and actual attack on the head of state
- Fraud and fraudulent bankruptcy crimes
- Crimes of providing material and financial aid to the enemy state
- Physical injury offenses
- Extortion crimes
- Intentional and unintentional murder
- willful homicide crimes
- Bribery-based crimes
- Political or military espionage crimes and even more miscellaneous crimes.
- Robbery and theft crimes
- Threats, insults and extortion crimes
- Militant and recruiting crimes against a foreign state
- Offenses against the legislature
- Embezzlement crimes
What Are The Duties Of A Criminal Lawyer According To Turkish Law?
The primary job of criminal defense attorneys is to defend both plaintiffs and criminals.
A criminal investigation is initiated by the Public Prosecutor’s Office against the person who commits one of the acts considered a crime according to the law. The criminal’s right to defense arises when the competent authorities initiate pre-trial proceedings. The duties of the criminal lawyer begin with the initiation of pre-trial proceedings and the realization of the right to defense.
With the indictment he prepared, he reveals the claims and rights of his client. It proves the indictment by presenting the necessary documents and evidence to the competent authorities for the cancellation of the criminal title and the completion of the investigation. While doing this, he was very knowledgeable about both the law and the event in question and did not do his job very carefully. Likewise, if he bases his accusation on a false article and does not present the necessary evidence, he can confirm his client’s crime and increase the penalty he will receive.
Who is a Criminal Lawyer under Turkish Law?
As in the definition of criminal defense, there is no clear definition or distinction in the law and in our legal system regarding the definition of heavy criminal defense. In our society, lawyers who deal with more serious crimes compared to the crimes listed in the Penal Code and the Turkish Penal Code and who have more knowledge in these fields than others are called Heavy Penal Lawyers. They hear cases in the High Criminal Courts.
The duties of the Heavy Penal Courts are regulated in Article 12 of the Law No. 5235 on the Establishment, Duties and Powers of First Instance Courts and Regional Courts:
What is the Duty of the Heavy Penal Court under Turkish Law?
Without prejudice to the cases stipulated by the laws, Turkish Penal Code looting (art. 148), extortion (art. 250/1 and 2), falsification of official documents (art. 204/2), qualified fraud (art. article 158). (art. 161) for offenses defined in the fourth, fifth, sixth and seventh chapters of the Fourth Part of the Second Book of the Turkish Penal Code (excluding Articles 318, 319, 324, 325 and 332) and for offenses within the scope of the Anti-Terror Law No. 12.4.1991 and 3713 3713 Heavy Penal Courts, which are in charge of dealing with the cases filed. The provisions regarding the persons to be prosecuted by the Constitutional Court and the Court of Cassation, the provisions regarding the duties of military courts and the provisions on prosecution for children are reserved.
Accordingly, according to the aforementioned article of the Law, the issues that the most severe criminal prosecutors deal with are as follows:
- Violation of the Constitution,
- The usurpation of military orders,
- Seizing state security documents,
- Disruption of the unity of the state and the integrity of the country,
- Material and financial aid to the enemy state,
- Offenses against the government,
- Bribery crimes,
- Fraud crimes,
- Spread of fake news during the war,
- Supply of weapons,
- Political or military espionage,
- Smuggling for crimes,
- Assassination and actual attack on the President,
- Armed uprising against the government of the Republic of Turkey and being a member of an armed organization,
- Drug production or trafficking offences,
- Offenses against the legislature,
- Embezzlement crimes.
What Are the Qualifications A Serious Crimes Lawyer Should Have According to Turkish Law?
Serious crimes are serious crimes in terms of their nature and sanctions. For this reason, a serious criminal lawyer should have special knowledge about the Turkish Penal Code and the Code of Criminal Procedure in order to defend his clients in the best possible way. He must turn everything he used in his indictment in favor of his client.
What are the Differences Between Criminal Defense Lawyers and Serious Crime Defense Lawyers According to Turkish Law?
Although there is no law that clearly defines the difference between criminal lawyers and heavy penal lawyers, heavy criminal lawyers are also responsible for matters that fall within the scope of the duty of criminal lawyers. This is because criminal lawyers, like criminal lawyers, deal with matters that are considered crimes under the law. The only difference is that they are crimes with heavier penalties and sanctions. Criminal lawyers hear cases in criminal courts, district courts and criminal courts of first instance, and cases handled by heavy criminal lawyers in criminal courts.
A lawyer for serious criminal cases is more difficult than a lawyer for criminal cases. Because, as the name suggests, heavy criminal cases include serious crimes and penalties. Their work is more extensive.
What is the Consultation Fee of a Criminal Lawyer under Turkish Law?
Attorney’s fees in criminal cases are regulated by the Union of Turkish Bar Associations in the form of a “minimum fee schedule” every year. At the competent courts, the attorney’s fee of the defendant and the plaintiff cannot be reduced below the fee specified in the tariff. For this reason, there is no certainty about attorney fees for criminal lawyers. Fees may be paid above the minimum tariff determined by the Bar Association.
This issue is regulated in the relevant articles of the Attorneyship Law (Attorney’s fee Article 164):
The attorney’s fee will be the amount or value corresponding to the attorney’s legal aid.
Attorney’s fee can be determined as up to twenty-five percent of the value of the case or the subject to be decided, or in money at a certain rate. Contracts to be made pursuant to paragraph 2 of this article cannot stipulate that some of the property and rights that are not subject to action belong to the attorney.
Attorney’s fee cannot be determined according to the minimum attorney’s fee schedule. If a lawsuit is filed free of charge, this situation is reported to the Board of Directors of the Bar Association. In cases and works whose value can be measured with money, an amount between ten and twenty percent of the value of my case on the day of finalization is determined by the authority authorized to examine the wage objections, unless it is below the minimum wage rates for the won part of the case. Lawyer minimum wage tariff is applied in cases and works whose value cannot be measured with money.
At the end of the lawsuit, the lawyer is entitled to receive the fee demanded from the other party according to the decision and the schedule. This fee cannot be changed, deducted or seized due to the employer’s debt.
How to Find the Best Criminal Defense Lawyer
Criminal cases require expertise in this field as they are serious in their subject matter. A good criminal lawyer meticulously follows the investigation and prosecution processes and informs his clients about the progress of the cases.
Every profession has a specialty and no lawyer can claim or describe himself as “best criminal lawyer”. Our law firm consists of lawyers, each of whom is the best in their business. You have the opportunity to get to know us better by contacting us.