Diğer Hizmetlerimiz
Criminal Law
What is Criminal Law?
Since the existence of humanity, social phenomena known as “crimes” have occurred, which influence human behavior. In response to these actions, criminal sanctions have emerged. The development of criminal sanctions led to the formation of the branch of law known as Criminal Law. In other words, Criminal Law addresses not only the nature of acts that constitute legal offenses but also the penalties and security measures applicable to such crimes. Criminal Law is not limited to sanctions and security measures; it is also closely related to the branches of Law of Execution of Sentences (Criminal Enforcement Law) and Criminal Procedure Law.
PRINCIPLES OF CRIMINAL LAW
What are the principles of Criminal Law? Criminal law is the branch of law that has the greatest impact on individual rights and freedoms. Therefore, certain fundamental principles have been established in the application of criminal law to safeguard these rights and freedoms. The main principles of criminal law are the Fault Principle, the Principle of Legality in Crime and Punishment, and the Principle of Equality. In addition to these, the Principles of Certainty, Proportionality, the Prohibition of Analogy, and the Personal Nature of Crimes and Punishments are also highly important in the context of Criminal Law.
PROVISIONS OF CRIMINAL LAW
The provisions of criminal law are the rules that regulate the general structure and application of criminal law. These provisions are divided into two categories:
General Provisions of Criminal Law
Special Provisions of Criminal Law
General Provisions of Criminal Law
The general provisions of criminal law regulate the fundamental principles of criminal law and the rules that apply to all crimes. In the Turkish Penal Code (TPC), they are found in Articles 1 to 75. The General Provisions form the basic theoretical framework of criminal law and provide guidance on the individualization of both the offense and the penalty. These provisions include the Basic Principles of Criminal Law, Definitions, and the Scope of Application of Criminal Law.
Special Provisions of Criminal Law
The Turkish Penal Code (TPC) categorizes crimes under specific headings. These crimes are examined within the scope of the Special Provisions, with separate regulations for each type of offense. The main categories of crimes are as follows:
International Crimes
Crimes Against Life and Physical Integrity
Crimes Against Sexual Integrity
Crimes Against Liberty
Crimes Against Honor
Crimes Against Private Life and the Confidential Sphere of Life
Crimes Against Property
Crimes Causing Public Danger
Crimes Against Public Health
Crimes Against Public Trust
Crimes Against Public Morality
Crimes Against Family Order
Crimes Against Economy, Industry, and Trade
Cybercrimes
Crimes Against the Reliability and Functioning of Public Administration
Crimes Against the Judiciary
Criminal Lawyer
A criminal lawyer is a key representative of the judiciary specializing in criminal law, ensuring the representation of individuals or institutions in criminal cases. Criminal lawyers can handle the defense of those accused of crimes, as well as protect the legal rights of individuals who have suffered harm due to criminal acts. Their scope of work encompasses all stages of criminal proceedings, and they work to ensure that their clients undergo a fair trial process.
Criminal lawyers play a critical role in the proper functioning of the justice system. Ensuring the full exercise of the right to defense before determining whether an individual is guilty forms the foundation of the principle of fair trial. Therefore, criminal lawyers are influential not only in safeguarding the interests of their clients but also in maintaining public confidence in the justice system.
A criminal lawyer in Istanbul must possess creative thinking and analytical skills to develop legal strategies, analyze case law, and handle complex cases effectively, ensuring the best possible representation for their clients.
The prosecution phase begins after the investigation stage, once the prosecutor finds sufficient evidence and files an indictment with the court. In other words, after the investigation is completed and a case is initiated, the process enters the prosecution phase. During this stage, the court conducts the trial and determines whether the defendant is guilty.
The right to defense is the right of an individual to defend themselves against accusations and to receive a fair trial. It is a fundamental right in criminal law, and everyone has the ability to defend themselves with the assistance of a lawyer. In Turkey, the right to defense is guaranteed by the Constitution and the European Convention on Human Rights.
Judicial control is a security measure applied as an alternative to detention. It allows a person suspected of a crime to be released while being subject to certain obligations. For example, the individual may be prohibited from leaving the country or required to report to law enforcement authorities and sign periodically. Judicial control is implemented during criminal proceedings to prevent the defendant from fleeing or tampering with evidence.
Parole is a system that allows a prisoner to serve the remaining portion of their sentence outside of prison after having served a certain part of it. To be eligible for parole, the prisoner must demonstrate good behavior and have served a specific portion of their sentence. However, the released individual must comply with the conditions of parole, and any violation of these conditions may result in being returned to prison.
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