Criminal law

If you want to defend your rights in a fair process regarding the accusations made against you, you can follow the steps below:

1. Get Legal Advice: First, it is important to seek legal advice from a lawyer. The lawyer will examine your situation and evaluate how he can best help you. Your lawyer will help you navigate the process, prepare your defense, and protect your rights.

2. Understand the Charges: It is important to have a clear understanding of what the charges are and what the charges against you mean. Being informed about the type and elements of the charges will assist you in preparing your defense.

3. Collect Evidence: You may need to gather the necessary evidence to prove your innocence. This evidence can be in different forms such as witness statements, documents, camera recordings. It is important to gather evidence to build a strong defense, with the support of your attorney.

4. Prepare Your Defense: Together with your lawyer, you will need to develop a strong defense strategy against the charges against you. Your defense should include elements such as presenting your evidence, organizing the statements of witnesses, and establishing your legal arguments.

5. Follow the Legal Process: You must proceed in accordance with your lawyer's guidance throughout the legal process. You must follow steps accurately, such as hearings and testimony processes.

6. Exercise Your Right to a Fair Trial: You must exercise your right to a fair trial throughout the legal process. You can defend yourself by using your right to express yourself.

7. Consider Dispute Resolution Opportunities: In some cases, dispute resolution regarding the accusations may be considered. This may include negotiations to avoid charges or receive a lighter sentence.

8. Exercise Your Right to Representation in Court: If the case is brought to court, you should follow your attorney's guidance to ensure fair representation in court.

9. Make an Effort to Protect Your Rights: When fighting the charges, you must make a determined effort to protect your rights and ensure a fair process.

Arrest is a legal process in which the freedom of a person is temporarily restricted in order to collect evidence under suspicion of committing a crime or to prevent the possibility of escape. An arrest warrant can usually be issued in the following situations:

1. Suspicion of Escape: If there is a possibility that the suspect will escape, that is, if it is thought that he may go out of the country to escape punishment for the crime instead of waiting for the trial process, an arrest warrant may be issued.

2. Danger of Destruction or Alteration of Evidence: If the suspect is likely to destroy or alter evidence, this may also be grounds for arrest.

3. Seriousness of the Crime: An arrest warrant may be taken, taking into account the seriousness of the crime committed and the danger it poses to society. This is especially true for serious crimes.

4. Public Security and Social Order: If it is thought that public security or social order may be disrupted if the suspect is released, an arrest warrant may be issued.

5. Threat and Pressure: If there is a possibility that the suspect will threaten or pressure witnesses, an arrest warrant may be issued.

6. Preventing the Risk of Escape: An arrest warrant may be issued to prevent the risk of the suspect escaping to await trial.

7. Effectiveness of the Investigation: If it is thought that the suspect must be arrested in order for the investigation to be carried out effectively, an arrest warrant may be issued.

            An arrest is part of the legal process and does not mean the person is guilty. A verdict of guilt or innocence is made as a result of proving the accusations and a fair trial in court. During detention, the suspect must be given legal rights and the right to a fair trial must be respected.

            After January 2022, the competent court to review objections against arrest orders issued by the Criminal Judgeships of Peace has become the Criminal Courts of First Instance on Duty. It is possible to object to the result of detention or the decision to continue detention during the investigation or prosecution phase.

The conditions and processes for deletion of criminal record are specified in the Criminal Procedure Code No. 5271 and other relevant legal regulations. The process of deletion of criminal record may take place subject to the following conditions:

1. Court order: If it has been officially determined that you are not guilty by court decision and there is a final decision, you can request the deletion of your criminal record.

2. Expiry of Penalty Period: If a certain period of time has passed since the completion of the sentence for which you were convicted, you may request to have your criminal record expunged. This period may vary depending on the type and duration of punishment.

3. Postponement of the Judgment or Postponement of the Announcement of the Judgment: If a decision has been made to postpone the verdict or postpone the announcement of the verdict, you can request the deletion of your criminal record if you have not committed a crime during the sentence period.

4. Rehabilitation: If you have participated in a rehabilitation program for reasons such as alcohol or drug addiction and successfully completed the program, you can request the deletion of your criminal record.

5. Crimes Committed Before the Age of 18: You can request to have your criminal record erased after a certain period of time for minor crimes you committed when you were under the age of 18.

• TCK 86/1 → Intentional injury ⇒ 1-3 years imprisonment
• TCK 88    → Intentional injury committed by negligent behavior
• TCK 106/1 → Threat
• TCK 116/1 → Violation of residence immunity
• TCK 117/1 → Violation of freedom of work and employment
• TCK 123/1 → Disturbing people's peace and tranquility
• TCK 125/1 → Insult
• TCK 130/1 → Insulting someone's memory
• TCK 132/1 → Violating the confidentiality of communication
• TCK 133/1 → Listening and recording conversations between people
• TCK 134/1 → Violating privacy
• TCK 141/1 → Theft
• TCK 146/1 → Usage theft
• TCK 151/1 → Damage to property
• TCK 154/1 → Rape without right
• TCK 155/1 → Abuse of trust
• TCK 156/1 → Using free promissory notes
• TCK 157/1 → Fraud
• TCK 160/1 → Savings on lost or accidentally acquired items
• TCK 165   → Purchase or acceptance of criminal property
• TCK 209/1 → Abuse of open signature
• TCK 233/1 → Violation of obligation arising from family law
• TCK 234/1 → Abduction and detention of a child
• TCK 239/1 →Disclosure of information or documents that constitute a trade secret, banking secret or customer secret

Waiver of complaint is a legal term in which the victim of a crime or the person harmed by a crime expresses that he does not want the continuation of the case or investigation filed against the perpetrator of the crime in order to terminate the legal process carried out regarding the crime committed against him. In other words, the victim of a crime or the person harmed by a crime declares that he/she wishes to terminate the legal process initiated against the perpetrator of the crime. Waiver of complaint may generally vary depending on the type of crime and the wishes of the victim or injured person. Especially in crimes that are subject to a special complaint according to the Turkish Penal Code (such as insult, threat), the investigation or prosecution may be stopped by taking into account the request of the victim or the injured person to withdraw the complaint. However, in crimes that constitute a public case (such as sexual crimes, blackmail), the request of the victim or the injured person to withdraw the complaint usually does not stop the process, since such crimes are considered a public problem because they have the potential to harm public order.

During the prosecution phase, the crime victim or the person harmed by the crime has the right to withdraw the complaint. However, this right may differ depending on some conditions and types of crime. Let's briefly touch on this issue:

1. Public Case and Private Complaint Case: According to the Turkish Penal Code, some of the crimes are considered public cases, while some are subject to private complaints. In crimes that are considered public cases (such as sexual crimes, blackmail), investigation and prosecution can continue even if the victim or the person harmed by the crime withdraws the complaint. However, in crimes subject to special complaints (such as insults, threats, etc.), investigation and prosecution usually stop if the victim or the person harmed by the crime gives up the complaint.

2. Case Laws and Legal Regulations: When considering the requests of crime victims or people harmed by a crime to withdraw their complaints, courts may consider the nature of the crime, its impact on public order and other factors. Additionally, legal regulations at the time the crime was committed may also be effective in this regard.

3. Compromise and Persuasion: When the victim or the person harmed by the crime wants to give up the complaint during the prosecution phase, the prosecutor's office or the court may try to persuade them or reach a compromise between the parties.

4. Suspension of Prosecution: If the crime victim or the person harmed by the crime withdraws the complaint, the prosecution is usually stopped, especially in crimes subject to special complaint. However, in crimes that constitute a public case, the prosecution may continue even if the complaint is withdrawn.

Convicts' leaves refer to arrangements that allow people convicted in penal institutions the opportunity to temporarily leave the institution under certain conditions. These permits are given to support convicts' adaptation to society and their rehabilitation processes. However, permits are heavily regulated and subject to certain rules. Here are some types of leave that convicts can receive in Turkey:

1. Interim Permission: It allows convicts to leave the penal institution for a certain period of time to visit their families or meet their social needs. Interim leaves are usually granted on weekends or public holidays.

2. Family Reunification Permit: It allows inmates to visit close family members and maintain familial relationships.

3. Health Leave: It allows inmates to leave the penitentiary temporarily to go to a hospital for medical reasons or to receive treatment.

4. Child Care Leave: Inmates with children are given a certain amount of time to visit or care for their children.

5. Educational Permit: It enables convicts to go out for educational purposes and continue their education.

6. Work Permit: It is the permission given to convicts to work outside or attend job interviews.

7. Community Service Leave: It is a type of leave that allows convicts to participate in community service activities for the public good.

            These permits may vary depending on the inmate's behavior, type of crime, sentencing status and other factors. Inmates must follow certain application and evaluation processes to receive their permits. In addition, it is mandatory to comply with the rules set during the leave and to return at the end of the leave period. The right of convicts to leave is granted and supervised by taking into account public safety and order.

Probation is a method of penal execution that offers convicts the opportunity to be released under certain conditions, instead of imprisonment in a penal institution, upon a court decision. Probation aims to help convicts adapt to society and strengthen the rehabilitative aspect of the penal system. Probation regulation in Turkey is within the scope of Law No. 5275 on the Execution of Penalties and Security Measures. We can summarize the conditions for benefiting from probation as follows:

1. Duration of Punishment: In order to benefit from probation, the prison sentence must be less than 2 years. Additionally, this period can be up to 3 years, provided that no one has been sentenced to more than one prison sentence in the 5 years before the date of the crime.
2. Conviction Status: In order to benefit from probation, you must be a convict. Detainees cannot benefit from probation.

3. Crime Types: Some types of serious crimes (such as sexual crimes, terrorist crimes, drug trafficking) are outside the scope of benefiting from probation. However, under certain conditions, probation may also be applied for other crimes.

4. Conditions: Convicts who benefit from probation must fulfill certain conditions for a specified period. These requirements may include, for example, performing community service, staying in a particular residence, finding a job, or receiving education.

5. Monitoring and Control: Convicts are kept under judicial control during the probation period. This monitoring can be achieved through methods such as electronic clamps.

            The terms and conditions for benefiting from probation are determined according to certain legal regulations. Each situation is unique and you may need to apply to the court for your application to be considered. Since probation is an approach towards the rehabilitation of convicts, application and monitoring processes are carried out meticulously. Details of the application may also change over time.

Conditional release is a method of sentencing that allows convicts to spend the remainder of their sentence in society by fulfilling certain conditions after serving a certain part of their prison sentence. Conditional release is used to support the earlier integration of convicts into society, strengthen the rehabilitative purpose of the penal system, and reduce the prison population. We can summarize the conditions for benefiting from conditional release as follows:

1. Duration of Punishment: The convict must have served at least one-third of the imprisonment sentence. However, this rate may be higher for serious crimes (e.g. terrorist crimes, sexual crimes) and those sentenced to limited time imprisonment.

2. Good Conduct Status: The convict must spend his time as a prisoner or convict with good behavior in the penal institution. A report is prepared by the penal institution management on whether the convict is of good behavior.

3. Social Adaptation and Attitude: It must be determined that the convict behaves in accordance with social norms both inside and outside the prison. This means that the convict can integrate into society and reduce the risk of offending.

4. Good Credit Status: The "good credit" given to the convict in the conditional release decision is a privilege granted if the convict complies with certain rules and disciplines.

5. Probation and Judicial Control: The convict is kept under judicial control during the period of conditional release. This requires compliance with certain conditions and being under supervision. Additionally, probation measures may be imposed by the court.
6. Ongoing Penalties: If the convict was convicted of other crimes before taking the decision for conditional release, the total duration of these sentences is also taken into account.

7. Victim or Public Harm: If the convict has an obligation to compensate the victim or public damage, he must fulfill this obligation.