Criminal Defense Lawyer

Criminal Law is the branch of law that defines and regulates the penalties for acts that people are subjected to and that are considered crimes according to legal definitions. While Criminal Law regulates whether an act constitutes a crime, Criminal Procedure Law is the procedural mechanism that regulates how the legal process will proceed and what procedural steps will be taken when an act containing the elements of a crime, as regulated by Criminal Law, is committed. In today's article, starting from this definition of Criminal Law, a criminal defense lawyer is and what they do.

What is a criminal defense lawyer?

Although the legal profession is not formally divided into specific branches in our legal system, each branch of law has its own intricacies and techniques. Therefore, to resolve many disputes, it may be necessary to consult a lawyer specializing in that particular branch of law. A Criminal Lawyer , specializes in Criminal Law and provides all kinds of legal support to victims, complainants, defendants, or suspects in this area.

What does a criminal defense lawyer do?

Criminal defense lawyersprovide their clients with all necessary legal support within the framework of Criminal Law. Unlike Private Law, Criminal Law has a separate procedural mechanism. Accordingly, although there will be a victim of an act defined as a crime in the Penal Code, the plaintiff in a criminal case will not be the victim but the public authority, namely the Public Prosecutor's Office. Criminal defense lawyers provide all kinds of legal support to the complainant, victim, defendant, or suspect, both before and after the Public Prosecutor's Office initiates proceedings.

How does the criminal justice process work?

In Turkish Criminal Law, crimes are divided into two categories: those subject to complaint and those not. For crimes not subject to complaint, the Public Prosecutor's Office will initiate an investigation on its own initiative upon learning of the suspicion of a crime, without requiring any complaint from the victim. For example, intentional homicide is a crime not subject to complaint. In contrast, for crimes subject to complaint, the prosecutor cannot initiate an investigation on their own initiative without a complaint from the victim. While a complaint can be made by the victim of the crime, reporting a crime can be done by anyone. Anyone who is aware of a crime can report it to the law enforcement authorities or the Public Prosecutor's Office.

Upon learning of a situation that gives the impression of a crime being committed, through a complaint, report, or other means, the prosecutor begins an investigation to determine whether or not to initiate a public prosecution. They collect evidence both for and against the suspect. This stage is called the investigation phase. If, at the end of the investigation phase, the prosecutor concludes that there is insufficient evidence to prove the crime, they issue a decision of no further action. However, if there is strong suspicion that a crime has been committed, the prosecutor prepares an indictment and submits it to the court for approval. The indictment prepared by the prosecutor serves as a kind of lawsuit petition. If the court accepts the indictment, a public prosecution is initiated against the suspect, and their status changes from suspect to defendant. While the victim is not obligated to participate in the public prosecution, they must do so to benefit from certain rights. With the initiation of the public prosecution, the investigation phase is completed, and the trial phase, where the defendant is tried, begins.

The Role of a Criminal Defense Attorney in Criminal Proceedings

A criminal defense lawyercan provide legal services at every stage of criminal proceedings. Accordingly, they can represent the complainant, i.e., the victim of the crime, during both the investigation and prosecution phases. the criminal defense lawyer prepares and submits the complaint petition to the prosecutor's office, follows up on the investigation phase, maintains communication with the prosecutor's office, and objects to decisions such as dismissal of charges and permanent search warrants. During the prosecution phase, they assist the complainant in participating in the case if desired, attend hearings on behalf of the complainant, appeal the court decision, and carry out other follow-up procedures.

A criminal defense lawyer provides legal support not only to the complainant but also to the suspect or defendant in criminal proceedings. However, a criminal defense lawyer acts as the representative of the suspect or defendant, their title is not "representative" but "defense counsel." In this sense, a defense counsel can offer all kinds of legal services to the suspect during the investigation phase and to the defendant during the prosecution phase.

The Importance of a Criminal Defense Lawyer

Criminal law specifies the punishment for acts defined as crimes by law; criminal procedure law, on the other hand, regulates how trials proceed when acts deemed criminal by law are committed. In this sense, criminal law is a branch of law that can profoundly affect a person's life, deprive them of their freedom, or cause significant financial losses. Therefore, it is absolutely essential to work with a specialist criminal lawyer . With a good criminal lawyer, you can fully benefit from the rights granted by the legal system, regardless of which side of the trial you are on.

Attorney Ferhat Küle, a specialist in Criminal Law with years of experience at Kule Law Firm, provides you with the best service in this field. Contact us to receive the best possible service in Criminal Law.