Alanya Criminal Defence Lawyer

Legal Assistance During Statements and Interrogation in the Investigation Stage

The defence effectively begins the moment you are summoned to give a statement by the police or the public prosecutor. Before the statement, your legal position is assessed together with you, your rights are explained, and you are accompanied during the statement and the interrogation. Under the law, when a statement is taken you must be informed of the offence you are accused of and of your right to choose defence counsel, and told that counsel may be present during the statement; if you are unable to choose counsel, one is appointed by the bar association; you also have the statutory right to remain silent about the accusation (Turkish Code of Criminal Procedure (CMK) Art. 147). A statement taken by the police without defence counsel present cannot form the basis of a judgment unless it is confirmed before a judge or the court (Art. 148/4). The lawyer’s right to meet the suspect and to be present during the statement cannot be restricted (Art. 149/3); the suspect may meet counsel without a power of attorney being required, in an environment where the conversation cannot be overheard (Art. 154/1). For certain categories of offences, the right of a suspect in police custody to meet counsel may be restricted for 24 hours by a judge’s decision (Art. 154/2).

Appeals Against Detention and Judicial Control Decisions

Detention on remand requires concrete evidence indicating strong suspicion of an offence, the existence of a ground for detention and the proportionality of the measure (CMK Art. 100/1). Grounds for detention, such as suspicion of flight or of tampering with evidence, are listed in Art. 100/2; the request for and the decision on detention must state, with concrete facts, why judicial control would be insufficient (Art. 101). Detention and judicial control decisions may be challenged by objection; the time limit is two weeks from the day the decision is learned (Art. 101/5, Art. 268/1). During the investigation, continued detention is reviewed at intervals of no more than thirty days (Art. 108); the suspect or defendant may also request release at any stage (Art. 104). The maximum period of detention is one year (extendable by six months where necessary) in cases outside the jurisdiction of the high criminal court, and two years in high criminal court cases; in high criminal court cases extensions may not exceed a total of three years, or five years for certain categories of offences (Art. 102/1-2). Compensation for persons arrested or detained outside the conditions set by law is governed by CMK Art. 141 et seq.

Defence Before the High Criminal Courts and Criminal Courts of First Instance

From cases within the jurisdiction of the high criminal court (ağır ceza) to trials before the criminal court of first instance (asliye ceza), the defence strategy is built on the state of the evidence. Hearing preparation, examination of witnesses, objections to expert reports and the final defence on the merits are carried out at every stage of the file.

Offences Against Life and Bodily Integrity

In cases of intentional or negligent homicide and bodily harm (Turkish Criminal Code (TCK) Arts. 81-89), defence of suspects and defendants and representation of victims and their relatives as participating parties are provided from the start of the investigation, and forensic medicine and expert reports are reviewed.

Traffic Accidents and Traffic Safety Offences

In cases of negligent homicide and bodily harm arising from traffic accidents (TCK Arts. 85 and 89) and endangering traffic safety, including driving under the influence of alcohol or drugs (TCK Art. 179), objections to fault reports, defence and representation of participating parties are provided.

Drug Offences

In cases of manufacturing and trafficking narcotic or stimulant substances (TCK Art. 188) and of purchasing, accepting or possessing them for personal use (TCK Art. 191), the defence is prepared with regard to the lawfulness of search and seizure measures and the quantity and intended use of the substance seized.

Offences Against Property

In offences against property such as theft, robbery, breach of trust and fraud (TCK Arts. 141-169), the defence of suspects and defendants is conducted, and compensation of the loss, effective repentance (TCK Art. 168) and complaint procedures are followed up.

Cybercrime and Offences Committed via Social Media

In cases of unauthorised access to an IT system, disruption of a system and misuse of bank or credit cards (TCK Arts. 243-245), unlawful recording and dissemination of personal data (TCK Arts. 135-136), and insults and threats made via social media, complaints, defence and applications for access blocking under Law No. 5651 are handled.

Offences Against Liberty and Honour

In cases of threat, blackmail, deprivation of liberty and violation of the inviolability of the home (TCK Arts. 106-116) and insult (TCK Art. 125), criminal complaints are drafted, and defence and representation of participating parties are provided.

Offences Against Sexual Integrity

In cases of sexual assault, sexual abuse of children and sexual harassment (TCK Arts. 102-105), defence of the accused and representation of victims are conducted with due regard to the sensitivity of the evidence and report procedures.

Economic Offences: Dishonoured Cheques, Tax and Smuggling

In offences of issuing dishonoured cheques (Cheque Law No. 5941, Art. 5), tax evasion (Tax Procedure Law No. 213, Art. 359) and offences under the Anti-Smuggling Law No. 5607, the defence is prepared on the basis of commercial records and expert examinations.

Zoning and Environmental Offences

In cases opened for causing zoning pollution through unlicensed construction or construction contrary to the licence (TCK Art. 184), pollution of the environment (TCK Arts. 181-182) and unauthorised works in protected sites (Law No. 2863, Art. 65), the defence is conducted together with the related administrative procedures.

Unlicensed Firearms and Knife Offences

Defence is provided in offences of possessing or carrying unlicensed firearms or ammunition and prohibited knives under Articles 13 and 15 of Law No. 6136 on Firearms, Knives and Other Tools.

Objections to Search, Seizure and Communications Surveillance Measures

The compliance of protective measures such as search, seizure and interception of communications (CMK Arts. 116-140) with the statutory conditions is reviewed, objections are filed against these decisions (CMK Art. 268), and it is requested that unlawfully obtained evidence not be used as the basis of a judgment (CMK Art. 206/2-a, Art. 217/2).

Extradition and International Judicial Cooperation

In proceedings conducted upon an extradition request from a foreign state or an Interpol red notice, defence is provided in the extradition proceedings under Law No. 6706 on International Judicial Cooperation in Criminal Matters, and applications are prepared for requests such as the transfer of sentenced persons.

Mediation (Uzlaştırma) Procedures

Mediation applies to offences whose investigation and prosecution depend on a complaint and to certain offences listed in the law (e.g. intentional bodily harm other than under the third paragraph, negligent bodily harm, threat, violation of the inviolability of the home, theft, fraud) (CMK Art. 253/1). Mediation is not available for offences against sexual integrity, stalking and insult (Art. 253/3). The file is sent to the mediation office; if no response is given to the mediator’s offer within seven days, the offer is deemed rejected (Art. 253/4). The mediator completes the process within thirty days of receiving the documents; this period may be extended at most twice, by no more than twenty days each time (Art. 253/12). If the agreed performance is fulfilled immediately, a decision of non-prosecution is issued; if performance is deferred to a later date or paid in instalments, a decision to postpone the filing of the public prosecution is issued (Art. 253/19). As the scope of mediation has recently been amended by Laws No. 7571 and 7593, the current text must be checked.

Deferral of the Announcement of the Verdict (HAGB)

Where, upon conviction, the sentence imposed is imprisonment of two years or less or a judicial fine, the court may decide to defer the announcement of the verdict (CMK Art. 231/5). This requires that the defendant has not previously been convicted of an intentional offence, that the court is satisfied the defendant will not reoffend, and that the damage caused by the offence has been fully compensated (Art. 231/6); where the damage cannot be compensated immediately, payment in instalments is also possible (Art. 231/9). If such a decision is made, a five-year probation period begins; if no new intentional offence is committed during this period and the obligations are complied with, the case is dismissed (Art. 231/8 and 10). The article was rewritten by Law No. 7589 dated 16/7/2026; for details of these amendments, see our article on the 12th Judicial Package. A decision deferring the announcement of the verdict may be appealed (istinaf) (Art. 231/12).

Representation of Victims and Participating Parties (Complainants)

Victims of crime also need effective representation. Victims’ rights are pursued from drafting the criminal complaint to acting for the participating party at hearings and obtaining compensation for the losses suffered. During the investigation, the victim and the complainant may request the collection of evidence, request copies of documents and object to a non-prosecution decision; for certain offences, such as intentional bodily harm committed against a woman, they may request that the bar association appoint a lawyer if they have none (CMK Art. 234). Victims and persons harmed by the offence may join the public prosecution as participating parties until the judgment is delivered at first instance (Art. 237); no new request to participate can be made at the appeal stage. In domestic violence cases, protective measures under Law No. 6284 are handled together with divorce and family law work.

Foreign Suspects, Defendants and Victims

For a defendant or victim who does not speak enough Turkish to express themselves, the essential points of the prosecution and defence at the hearing are translated by an interpreter appointed by the court; this right also applies to suspects, victims and witnesses in the investigation stage, and the interpreter is appointed by the judge or the public prosecutor (CMK Art. 202/1-3). After the indictment is read and the prosecutor’s final opinion is given, the defendant may also make the oral defence in another language in which they can express themselves better; in that case the costs of the interpreter chosen are not borne by the Treasury (Art. 202/4). If a foreign suspect or defendant is detained, the consulate of their state of nationality is notified unless they object in writing (Art. 107/3). Judicial control measures include a ban on leaving the country (Art. 109/3-a). Since a conviction may have administrative consequences (deportation and an entry ban), the defence is planned along both dimensions; the time limit for applying to the administrative court against a deportation decision is seven days from notification (Law No. 6458, Art. 53/3). For details, see the Alanya Immigration Lawyer page.

Appeals (İstinaf) and Appeals on Points of Law (Temyiz)

The decision of the court of first instance is not the end of the process. At the appeal and cassation stages, the file is re-examined on procedural and substantive grounds, and the defence continues before the regional court of appeal and the Court of Cassation (Yargıtay) through reasoned petitions. The time limit for both istinaf and temyiz is two weeks from service of the reasoned judgment (CMK Art. 273/1, Art. 291/1). Not every judgment can be appealed; certain judicial fine judgments listed in the law and judgments declared final by law are excluded from istinaf (Art. 272/3), and the scope of temyiz is also limited by Art. 286. As these limits change frequently, the current text applies. After ordinary legal remedies have been exhausted, individual applications to the Constitutional Court and applications to the European Court of Human Rights (ECtHR) are also assessed where necessary.

Enforcement Law: Probation and Conditional Release

The enforcement of a final sentence is a separate stage governed by its own legislation. Applications are prepared on matters such as probation, conditional release, postponement of enforcement and enforcement in case of illness, and the necessary steps are taken to correct errors in the calculation of the sentence. Conditional release and probation are regulated in Articles 105/A and 107 of Law No. 5275 on the Enforcement of Sentences and Security Measures; since the Law was amended in 2025-2026 by Laws No. 7550, 7571 and 7593, the current text is used when calculating enforcement.

Deletion of Criminal Record and Archive Entries

Criminal record entries relating to sentences that have been fully served may continue to affect a person’s life, from job applications to official procedures. Under Article 12 of Criminal Records Law No. 5352, archive information is deleted entirely in cases such as the death of the person concerned or the expiry of a period from the date on which the conditions for transferring the record to the archive were met (fifteen or thirty years for convictions entailing a deprivation of rights, five years for other convictions). Whether the conditions for deletion are met is assessed, and applications for deletion of criminal record and archive entries are followed up.