High Criminal Court Cases and Offense Types

Offenses against Life and Bodily Integrity

• Intentional killing and attempted killing
• Causing death or injury by negligence
• Intentional injury and injury aggravated by its consequences
• Claims of legitimate defense, necessity and exceeding its limits
• Assessments of unjust provocation, the type of intent, participation and attempt
• Forensic medicine, crime scene, ballistic and other technical examinations
• Criminal responsibility connected with traffic, workplace accidents, medical practice or professional activity

Offenses against Sexual Integrity and Domestic Violence

• Sexual assault and sexual harassment
• Sexual abuse of a child
• Allegations of sexual intercourse with a minor
• Persistent stalking, threats, injury and ill-treatment
• Criminal investigations connected with domestic violence and violence against women
• Conducting the criminal process together with the protective and preventive measures under Law No. 6284
• Protecting the victim, and the confidentiality of the victim’s private life and personal data
• The presumption of innocence and defense rights for the suspect or defendant

In these files, the protection of the victim and the fair trial safeguards of the suspect or defendant must be considered together; statements, health records, digital data and expert examinations must be assessed on the specific file.

Offenses against Liberty, Honor, Private Life and Personal Data

• Threats, blackmail and coercion
• Deprivation of liberty
• Insult and obstruction of communication
• Violation of the confidentiality of private life
• Violation of the confidentiality of communication and recording of conversations between persons
• Unlawful recording, obtaining, giving or disseminating of personal data
• Persistent stalking and disturbing the peace and quiet of others
• Offenses alleged to have been committed through social media, messaging applications and internet broadcasts

Offenses against Property

• Theft and aggravated theft
• Robbery and aggravated robbery
• Fraud and aggravated fraud
• Breach of trust
• Damage to property
• Unpaid use of services
• Fraudulent or negligent bankruptcy
• Disposing of lost items or items obtained by mistake
• Purchasing or accepting items obtained through crime

Where a contractual or commercial dispute turns into a criminal file, the line between a private-law debt and criminal responsibility must be examined separately in light of the intent at the outset, the claim of deceit, the delivery and payment records and the commercial relationship between the parties.

Cybercrime, the Internet and Digital Evidence

• Unlawfully accessing or remaining in an information system
• Blocking or impairing the system, destroying or altering data
• Misuse of a bank or credit card
• Fraud alleged to have been committed using an information system
• Offenses arising from social media accounts, e-mail, online marketplaces and messaging applications
• Investigations connected with crypto-asset and digital payment transactions
• Assessing IP, log, device, server, cloud and traffic records
• Reviewing phone and computer images, hash values and digital forensic reports
• The connection of content removal or access blocking decisions with the criminal file

Presenting a digital record as a screenshot may not by itself show its source, its integrity, who created it or whether it was obtained lawfully. The link between the technical data and the person must be established separately.

Drug or Stimulant Substance Offenses

• Manufacturing and trafficking of drugs or stimulant substances
• Purchasing, accepting or possessing drugs or stimulant substances for personal use
• Allegations of facilitating or encouraging the use of drugs
• Search, seizure, sampling and criminal laboratory examination procedures
• Distinguishing the type, quantity and packaging of the substance and the purpose of use or trade
• Assessing communications, call detail record (HTS)/cell tower records, physical surveillance and digital records
• Effective remorse, treatment and probation provisions
• Pretrial detention, judicial control, confiscation and enforcement consequences

Organized Crime, Terrorism Offenses and Financing of Terrorism

• Allegations of founding, directing or being a member of an organization formed to commit crimes
• Assessments of aiding an organization and committing crimes on behalf of an organization
• Armed organizations and terrorism offenses
• Allegations of financing of terrorism
• Asset freezing decisions and the routes of challenge against them
• Secret witnesses, interception of communications, technical surveillance and digital evidence
• Assessments of organizational link, hierarchy, continuity, diversity and intensity
• The connection of meetings, communication, money transfers or social relations with criminal responsibility
• The distinction between an individual act and organizational activity

Migrant Smuggling and Human Trafficking Offenses

• Allegations of migrant smuggling and human trafficking
• Examining transport, accommodation, border crossing, financial benefit and the link to an organization
• Legal representation of the suspect or defendant and of foreign victims and witnesses
• Assessing vehicle, real estate, phone, travel and money transfer records
• Pretrial detention, judicial control, seizure and confiscation measures
• International judicial assistance, foreign evidence and cross-border investigation procedures
• Assessing the relationship of the criminal file with deportation, administrative detention and international protection processes

The competent authorities and the application time limits differ between a criminal investigation and administrative procedures under foreigners law. The processes must be conducted separately while preserving their connections.

Forgery of Official Documents, Offenses against Public Trust and the Administration of Justice

• Forgery of official or private documents
• Breaking a seal and false statements in the preparation of an official document
• Forgery of currency, official stamps and other valuables
• Destroying, concealing or altering evidence of a crime
• Offenses of assuming responsibility for a crime, harboring an offender and failing to report
• Perjury, false oath and offenses connected with the duty of an expert
• Defamation by false accusation and fabricating a crime
• Allegations of attempting to influence a fair trial
• Examining the preparation, use, capacity to deceive and attribution of a document

Criminal Liability Arising from Traffic, Workplace Accidents, Health and Professional Activity

• Causing injury or death by negligence in a traffic accident
• Conscious negligence, allocation of fault and the causal link
• Endangering traffic safety
• Workplace accidents and occupational health and safety obligations
• Criminal liability of the employer, the employer’s representative, the site chief, the technical officer and employees
• Criminal investigations arising from medical intervention and healthcare services
• Professional standards, the duty of care and expert reports
• Internal records, risk assessment and inspection documents
• Assessing criminal, compensation, insurance and administrative processes together

Cases Arising from Firearms, Sports and Special Criminal Laws

• Allegations of possessing, carrying, manufacturing or trading unlicensed firearms or ammunition under Law No. 6136
• Search, seizure, criminal laboratory and ballistic examinations concerning firearms, knives and other tools
• Allegations of violence and disorder in sports and the measure of a stadium ban under Law No. 6222
• Criminal investigations connected with meetings and demonstrations under Law No. 2911
• Allegations of offenses concerning cultural and natural assets under Law No. 2863
• Offenses connected with public duty and asset declarations regulated by Law No. 3628 and other special laws
• Applications concerning the dishonored check procedure and criminal liability under the Check Law No. 5941
• Determining the investigation procedure, the competent court, the protective measure and the sanction prescribed by the special law

Special criminal laws may contain provisions that depart from the Turkish Penal Code and the Code of Criminal Procedure in respect of the elements of the offense, investigation permission, complaint, jurisdiction, legal remedy or security measures. The relevant special law and the general provisions must be examined together.