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.