In Turkey, there is no legal specialization within the field of law, nor is there any specific designation such as a criminal lawyer or a serious crimes lawyer. The titles appearing online under the name 'serious crimes lawyer' do not reflect the truth. There is no legal branch defined as a criminal lawyer in the legislation. Even lawyers who handle criminal cases cannot legally or ethically refer to themselves as criminal lawyers. However, it is sometimes observed that lawyers who handle criminal cases are referred to as serious crimes lawyers by the public. In this article, for better clarity and self-expression, we will use the term criminal defence attorney.
The term 'serious crimes lawyer,' which does not have a specific definition in our legal system, is a term used colloquially for lawyers who handle criminal cases and represent clients in the field of criminal law."
Our team focuses more on the question of what are the responsibilities of a criminal lawyer rather than what is a criminal lawyer when providing legal services. Both within our office and with our strong solution partners, all criminal lawyers carry out defense procedures with a client-focused approach, being aware of their responsibilities. The fact that Criminal Law is regulated in a general and abstract manner rather than casuistically has led to the development of this branch of law through the precedent decisions of the Court of Cassation. Therefore, a criminal lawyer cannot rely solely on the provisions of the law; they are also obliged to closely follow the precedent decisions of the Court of Cassation. A criminal lawyer representing an incarcerated individual meets with the detainee before the trial to understand the factual truth. It is crucial for the defendant to trust their criminal lawyer and tell the truth because sometimes, by revealing the truth with all its details, the reasons for being led into the crime can be explained, resulting in a reduced sentence from the court rather than receiving a severe punishment by attempting to conceal the truth. Due to the social structure in our country, many relatives of incarcerated defendants often contact the criminal lawyer to express their opinions and ask questions. A criminal lawyer must be patient and understand the social dynamics. A criminal lawyer must consider not only the defendant but also the defendant's immediate family members, taking into account the structure of the community and the fact that the defendant is in custody.
Ceza avukatı dosyayı ayrıntılı olarak incelemek ve dosyayı hakimden daha iyi bilmek zorundadır. Çünkü çoğunlukla şeytan ayrıntıda gizlidir. Ceza avukatı savunmasını hazırlarken bazen tek bir cümle yazabilmek için yüzlerce sayfalık Yargıtay kararı okumaktadır. Çünkü davanın kaderini etkileyecek omurga ilk celseye kadar verilecek yazılı savunmadır. Bu savunma bir kez verildikten sonra dönüş zor olur. Bu savunma dilekçesi ise yoğun emek isteyen sıkıntılı bir süreçtir. Ceza avukatının en temel sorumluluğu denilebilir ki doğru bir savunma dilekçesi vermektir. Baştan savma ve kalıplaşmış; kopyala-yapıştır şeklinde dilekçeler verilmesi halinde, savunma hakkı neredeyse hiç kullanılmamış tüm yük mahkeme hakimi veyahut heyetin omuzlarına bırakılmış olur. Dosyasına hakim, Yargıtay kararları ile savunmasını desteklemiş ve bunu sade bir üslupla savunma dilekçesi haline getirebilmiş bir ceza avukatı, Mahkeme Hakimi veyahut Ağır Ceza Mahkemesi Heyeti için de büyük şanstır. Vicdani kanaatiyle karar verecek hakim, savunma makamı tarafından doğru hazırlanmış bir savunmayı okuduğunda, sanığın lehine olan hususları ve emsal Yargıtay kararlarını araştırmakla uğraşmayacak, var olan savunma kendisine yetecektir.
Yargılama devam ettiği sırada sanık tutuklu kalabilir. Bu durumda cezaevine giderek sanıkla görüşme yapılması ve davanın gidişatı hakkında değerlendirme yapılması son derece önemlidir. Tutukluluk devam ettiği sürece sanıkla ve sanık yakınları ile olan diyalog devam ettirilmelidir.
If the court decides against the defendant, it is also the duty of the criminal lawyer to appeal to the Regional Court of Justice for the review of the decision and, if the Regional Court of Justice rejects or confirms the decision, to appeal to the Court of Cassation.
Criminal defense attorney, specialized in criminal cases falling under the jurisdiction of Heavy Penal Courts. However, there is no specific type, title, or designation of "Ağır Ceza Avukatı" (Heavy Penal Lawyer) within the legal profession. Neither the Attorneyship Law nor the Turkish Penal Code, the Code of Criminal Procedure, or any other law contains an expression, sentence, or definition as "Ağır Ceza Avukatı".
Which Lawyer Handles a Case Seen in the Heavy Penal Court?
First of all, it should be noted that according to our country's laws, there is no distinction among lawyers such as Criminal Lawyer, Divorce Lawyer, Execution Lawyer, and so on. However, with the commonly accepted term among the public, a criminal lawyer handles a case seen in the Heavy Penal Court. To defend your rights in cases seen in the Heavy Penal Courts, you should consult with a Criminal Lawyer.
Your Criminal Lawyer; will act as a representative to defend the rights of the plaintiff, victim, participant, or anyone harmed by the crime, as the plaintiff's attorney, participant's attorney, etc. They will also act as a defense attorney to make defenses and assist in cases involving suspects, juveniles involved in crime, or defendants.
How Can I Find a Criminal Defense Attorney?
A Criminal Defense Attorney Can Represent How Many People in the Same Case?
A criminal defense attorney can represent multiple people in the same case. There is no limit to the number of individuals they can defend simultaneously. What matters is that there is no conflict of interest among the individuals they represent. In other words, if the defense of one person by the attorney could potentially harm or hinder the defense of another person they represent, a conflict of interest is deemed to exist. In such cases, the attorney must choose which client to represent. Otherwise, the right to defense of the individuals involved may be compromised due to the conflict of interest between their defenses.
Do I Have to Attend the Hearing if I Have a Criminal Defense Attorney?
Regardless of whether you have a criminal defense attorney or not, you are required to attend the hearing. If you fail to attend the hearing without a valid excuse accepted by the court, a Compulsory Attendance Order may be issued against you.
What Cases Does a Criminal Defense Attorney Handle?
A criminal defense attorney, including a Heavy Penal Lawyer, handles cases heard in criminal courts such as the Heavy Penal Court, Criminal Court of First Instance, Juvenile Courts, and Juvenile Heavy Penal Courts, as well as investigations related to these cases conducted by Peace Criminal Judgeships and Public Prosecutors' offices.
The cases handled by criminal defense attorneys involve offenses defined as crimes in the Turkish Penal Code and special laws. In criminal cases, there are attorneys representing the victim, plaintiff, injured party, or claimant, as well as defense attorneys protecting the legal interests of the defendant. Unlike civil cases, criminal cases involve a Public Prosecutor as the prosecuting authority in most instances. Therefore, criminal defense attorneys participate in the judicial process related to offenses defined and punished under the Turkish Penal Code (such as Theft, Assault, Murder, Fraud, etc.), as well as other offenses specified in various criminal laws (such as Terrorism Offenses, Firearms Law, Offenses under the Tax Procedure Law, Smuggling Offenses, etc.).
A criminal defense attorney serves as a defense counsel for the suspect or accused during the investigation stage and as an attorney for the victim or plaintiff during the prosecution stage.
A criminal defense attorney informs their client about the alleged crime, identifies evidence, assists in giving statements, accompanies them during identification procedures and inspections, examines expert reports, provides defense in court, presents evidence favoring the client, requests the collection of evidence, appeals to legal avenues against court rulings if necessary, lodges objections to detention, seizures, arrests, and detentions, and utilizes all the opportunities granted by criminal law to defend the client's rights to a fair trial, access to court, and defense without restriction.
In court, a criminal defense attorney must inform the defendant or victim, based on the laws, about the consequences of the accusations or victimization and act as an intermediary between the court and the client. During this process, they ensure that files are prepared, evidence is presented, laws are reviewed, and the client is informed about what actions can be taken regarding additional lawsuits during the trial process.
What Is the Lawyer Called Who Defends the Defendant in Criminal Cases?
The lawyer who defends the defendant in criminal cases is called the defense counsel. They are referred to as the defense counsel for the defendant.
How to Become a Criminal Defense Attorney?
A criminal defense attorney, also known as a heavy criminal attorney, is first and foremost a lawyer. Therefore, graduating from law school and completing the lawyer internship are prerequisites. Becoming a criminal defense attorney means focusing on criminal cases and gaining experience in this field.
For this reason, law school students and new colleagues who aim to become criminal defense attorneys should especially develop their knowledge in Criminal Procedure Law, Criminal General Law (fundamental principles dominating Criminal Law), and Criminal Special Law (types and elements of crimes specified in both the Turkish Penal Code and other special criminal laws).
In this regard, attending seminars, reading articles, studying books, and most importantly, examining and following the decisions of the Criminal Chambers of the Court of Cassation and the Plenary Session of the Criminal Chamber of the Court of Cassation should become a routine.
How Much Do Criminal Defense Lawyers Charge?
Ceza avukatı, Ağır Ceza Avukatı; avukatlık ücretini harcayacağı emek ve mesaisine göre kendisi belirler. Ancak burada bir taban ücret miktarı vardır. Her yıl Resmi Gazetede yayımlanan Avukatlık Asgari Ücret Tarifesinde belirtilen taban ücretten aşağı ücret belirleyemez.
Ceza Avukatı nın belirleyeceği bu ücret, bağlı olduğu il barosunun belirlediği Avukatlık Ücret Tarifesi’nden aşağı olamaz.
What Should a Good Criminal Defense Attorney Be Like?
There are certain qualities that should be present in criminal defense attorneys, given the potentially serious consequences of criminal cases:
• They use their authority from the law to the fullest and never give up.
• They pay attention to details and are skilled in gathering evidence.
• They should be knowledgeable about the legal provisions, changes made to legal provisions, and the subject matter of the case.
• They should effectively utilize the experiences gained from previous cases and clients.
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