Criminal Defense Law and Consultancy Services

Criminal law is the most sensitive branch of law where the state makes its sanctioning power felt most severely and which directly concerns the freedom, honor, and assets of individuals. Facing a criminal accusation, being detained, or being under the threat of imprisonment is an extremely stressful and challenging situation for those going through the process and their families. Our Adıyaman-based law firm stands by its clients throughout the entire process from the investigation stage to the execution stage, based on the principles of the Presumption of Innocence (no one can be considered guilty until proven guilty by a final judgment) and the Right to a Fair Trial. With our in-depth knowledge and experience in the TCK (Turkish Penal Code) and CMK (Criminal Procedure Code), we carry out a rigorous defense strategy for the revelation of the material truth and the manifestation of justice.

Investigation Stage: First Statement and Collection of Evidence

The foundation of criminal procedure is laid at the investigation stage. The actions taken during this process, which begins with law enforcement (police/gendarmerie) or the prosecutor's office learning of the suspicion of a crime, determine the fate of the case. In particular, the first statement given at the police station or the prosecutor's office is the backbone of the defense. Our firm informs its clients legally before the statement and is present during the statement to protect them against pressure, direction, or unlawful interrogation methods. In addition, by requesting the prosecutor's office to collect evidence in favor (camera recordings, witnesses, base station data, etc.), we strive to obtain a decision of non-prosecution before a lawsuit is filed. It should not be forgotten that "evidence obtained unlawfully" (fruit of the poisonous tree) cannot be used in the trial; determining this issue requires Legalise.

High Criminal Cases and Effective Defense

The person against whom an indictment is prepared appears before the court as a defendant. Our firm provides Legal defense counsel services in crimes falling within the jurisdiction of High Criminal Courts and where custodial sentences are high (Intentional Homicide, Drug Trafficking, Sexual Assault/Abuse, Plunder, Aggravated Fraud, Terror Crimes, etc.). Revealing contradictions in witness statements through cross-examination techniques, making technical objections to expert reports, and ensuring a discovery at the crime scene are parts of our defense strategy. In crimes such as intentional homicide, the application of self-defense or unjust provocation provisions; and in drug crimes, clarifying the distinction between use/trade and evaluating effective repentance provisions are of vital importance.

Violence Against Women and Law No. 6284

Violence, threats, and harassment against women are among the priority issues of criminal law. Our firm immediately obtains protection orders (restraining orders) within the scope of Law No. 6284 for the protection of women victims of violence and meticulously follows criminal investigations. In crimes such as intentional injury, threat, and disturbing the peace and tranquility of individuals, we defend the rights of the victim to the end and fight legally for the defendant to receive the heaviest punishment.

Crimes by Public Officials (Bribery, Embezzlement)

Crimes committed by public officials in connection with their duties (Bribery, Embezzlement, Malfeasance, Abuse of Office) are subject to heavy criminal sanctions and usually require technical examination. In these crimes, the analysis of technical evidence such as Court of Accounts reports, inspector examinations, and bank records is of great importance. With its accumulation in the field of public law, our firm acts as both defense counsel for the defendant and attorney for the intervener in crimes by public officials.

Property Crimes and Cyber Crimes

In crimes committed against property such as Theft, Plunder (Extortion), Fraud, and Abuse of Trust, which are frequently encountered in society, it is meticulously examined whether the elements of the crime (e.g., the presence of fraudulent behavior) have occurred. We also have technical knowledge about Cyber Crimes (unlawful entry into the system, destroying data, bank/credit card fraud), which have increased with the development of technology. We offer expert support in the analysis of digital evidence (IP addresses, log records, hard disk images) and questioning the reliability of this evidence.

Complaint-Based Crimes and Mediation

Not every crime is prosecuted ex officio; investigation and prosecution of some crimes such as Insult, Simple Injury, Threat, and Damage to Property depend on the complaint of the victim. Many of these crimes are also within the scope of Mediation. Our firm represents its clients in mediation negotiations, ensuring that the file is closed with acts such as compensation or apology without entering the litigation process. In this way, our clients are saved from the risk of having a criminal record.

Suspension of the Pronouncement of the Verdict (HAGB)

If the sentence given to the defendant as a result of the trial is imprisonment or a judicial fine of 2 years or less, and the defendant has not been convicted of an intentional crime before, the court may decide on the Suspension of the Pronouncement of the Verdict (HAGB). The HAGB decision results in the dismissal of the case if the defendant does not commit an intentional crime within the 5-year supervision period and is not recorded in the criminal record. We guide our clients in the most accurate way regarding the applicability of this institution.

Objection to Arrest and Judicial Control

Arrest is not a punishment, but an exceptional protection measure. However, this measure, which is frequently applied in practice, restricts personal freedom. In cases where the legal conditions for arrest (strong suspicion of crime + suspicion of flight/spoliation of evidence) are not met, we request the release of our client with reasoned petitions for objection to arrest. We fight effectively for the application of judicial control provisions (obligation to sign, ban on leaving the country) instead of arrest.

Crimes Endangering Traffic Safety

Driving under the influence of alcohol or drugs constitutes the crime of endangering traffic safety. These crimes are subject to both criminal proceedings and administrative sanctions such as the revocation of the driver's license. Our firm provides legal support in traffic crimes, including objections to breathalyzer devices and reports.

Appeal and Court of Cassation (Legal Remedies)

The decision given by the local court is not final. There is a right to appeal before the Regional Court of Justice (Appeal) and the Court of Cassation against erroneous decisions based on incomplete examination or unlawful decisions. Our firm examines the reasoned decision in detail, detects unlawfulness in terms of procedure (e.g., restriction of the right of defense) and substance (e.g., incorrect determination of the nature of the crime), and follows the process in higher courts for the reversal of the decision with comprehensive appeal/cassation petitions.

Execution Law and Prison Processes

In case the prison sentence becomes final, how much of the sentence will be spent in prison is the subject of Execution Law. Correct calculation of execution rates, which vary according to the type of crime (terror, drugs, repeat offenses, etc.), Conditional Release (Parole), and Probation periods is of great importance. We also provide legal support to our clients on issues such as transfer to open prison and postponement of execution (due to health or family reasons).

In conclusion; as a criminal lawyer, in the light of the universal principle \"the benefit of the doubt goes to the defendant,\" we carry out a determined, courageous, and competent legal struggle to protect the freedom, reputation, and future of our clients.