HOW TO MAKE A DEFENSE IN A CRIMINAL CASE?
In Turkish law, a person who is a "suspect" at the
investigation stage is characterized as a "defendant" at the criminal
trial stage. The defendant will be tried in the criminal court and acquittal,
conviction or other decision may be made. The defendant or criminal lawyer can
defend the defendant in writing or verbally at all stages of the criminal
proceedings.
If you are facing criminal proceedings in Turkey, you should
consult an English-speaking criminal lawyer and follow the process with them.
In a criminal case, the parties explain how the criminal
incident occurred. People whose statements about the incident are accepted as
'declaration evidence' tell the incident directly to the court. The criminal
lawyer is concerned with the legal aspect of the defense, he cannot take the
place of the parties and tell the criminal incident. However, the lawyer can
evaluate the statements about the incident and discuss the contradictions in
the statements. He or she may rephrase the statements received in order to present
arguments that substantiate the claim of the party he or she is defending.
Hearings are the verbal part of the proceedings. At the
hearing, the defense is made, claims are put forward, evidence is discussed,
and the defendant, complainant and witnesses are heard. The words spoken,
requests, actions taken, claims and defenses are recorded in the minutes of the
hearing. In a criminal case, defenses are mainly made orally during the
hearings. The defendant is interrogated at the first hearing and given the
opportunity to defend themselves. However, the defendant and their lawyer may
present their defense at any stage of the proceedings. The defendant may even
submit a written defense to the court between hearings. At the decision stage
of the trial, the final defense and the right to the last word belong to the
defendant.
Criminal Case Defense Petition
The defense in a criminal case can also be made in writing
by submitting petitions to the court. However, in order for the defense
petition to be taken into consideration by the court, technical issues must be
taken into consideration. In the defense petition, the points in favor of the
defendant, contradictions between the evidence, precedent judicial decisions
supporting the legal opinion regarding the qualification of the event should be
included.
The defense petition may sometimes be half a page or may
contain pages of text. You should decide with your English-speaking criminal
lawyer what kind of petition to write according to the characteristics of the
case.
This article is intended for general informational purposes
only and not intended as a substitute for the advice and counsel of a criminal
defense attorney. If you want to contact an English-speaking
criminal lawyer in Istanbul for more information you can contact our office.
