Criminal Law

Criminal Law and Cases

Criminal Law is a branch of law that deals with the criminal and criminal part of the unlawful acts and transactions of individuals. The fact that an act can constitute a crime depends on the definition of that act as a crime in the law and the incorporation of all the material and moral legal elements of the crime in that act.

Criminal procedure law, on the other hand, is a branch of law that deals with the state’s duty to ensure the justice and security of society by prosecuting individuals under suspicion of crime, namely perpetrators, and punishing when necessary, and dates back as far as human history.
Criminal defense is; It is the whole of the trial activities carried out by the accused or his defense counsel in order to demonstrate that the state does not have the right to punish in response to the accused’s claim that he is guilty.

Criminal procedure has always been the sharp sword of states throughout history. In this field, where the individual is powerless and defenseless against this extremely sharp sword, the one who is strong and helps the individual in his defense and does not leave the individual alone against the powerful state and its weapon is the lawyer who does his duty of defense.
Today, in the face of the extremely detailed legal texts and thus the types of crimes, and the detailed and complex rules of the trial, the defense of the accused, who have no education and experience, does not constitute a real and good defense and leads to deprivation of rights. Therefore, in today’s most criminal cases, it would be more correct and necessary for the criminal defense to be made by the defense counsel, especially if the penalties for the crimes alleged to have been committed by the accused are heavy. Therefore, the importance and necessity of criminal attorneyship for a fairer trial and for the exercise of the right is indisputable. Criminal lawyers play an important role in criminal proceedings and criminal cases in order not to lose the right to freedom, which is the most basic human right.
Due to the contribution and importance of criminal lawyers in criminal proceedings and hearings, if you are faced with any criminal case, it is necessary, to work with a good and expert criminal lawyer.

Güneş & Güneş Law Firm, which has been successfully defending the rights and freedoms of its clients with its expertise and experience in criminal cases for 25 years, sees criminal defense as an art of law. The inspiration necessary for the Art of Defense; from Socrates, one of the well-known sages of history, from Cicero, from Chaveau-Largerde, from the theorist of rupture defenses known as the devil’s advocate, from the great jurist Jacques Vergès, who built the rupture defense on attack, from the great legal scholar Prof. Dr. Faruk Erem and many great master lawyers such as Halit Çelenk, who became a giant with his knowledge and resistance in defenses.

With this passion, awareness and inspiration towards defense, as a lawyer and law firm specialized in criminal law, which is the branch of law that most affects human life and freedoms; It has been our main priority to follow every stage of the process of revealing the material truth, from the criminal investigation to the prosecution phase, from the prosecution phase to the final verdict, with great care.

The Main Criminal Advocacy Advocacy Services Provided by Our Attorney and Law Firm to Domestic and Foreign Clients in Antalya and Turkey in the Field of Criminal Law and Criminal Cases are as follows:

• Analysis of all positive-negative situations related to the crime or misdemeanor encountered and directed, creation of the defense strategy, defense service as a criminal lawyer in criminal investigations and criminal proceedings in the light of legislation and sample decisions,
• Initiating the prosecution investigation and filing a criminal complaint in order to open a criminal case, preparing the complaint petitions and actively following the investigation processes,
• Legal supervision and evaluation of detention, arrest, detention, statement taking, search, seizure, monitoring by technical means, communication detection and recording, preparation of a petition to appeal against the decisions made as a result of these procedures, criminal attorneyship for the follow-up of the process,
• Evaluating the evidence, ensuring the collection of evidence, following up the criminal cases as a criminal lawyer on behalf of the suspect, complainant, victim, accused or the participant during the prosecution and criminal proceedings, forming criminal defenses, entering the criminal hearings, before the heavy criminal cases, criminal cases of first instance and criminal judgeships of peace. active and combative criminal advocacy service in criminal trials,
• Military Disciplinary Law No. 6413, Military Penal Code No. 1632, Internal Service Law No. 211, TAF Personnel Law, Reserve Officer Law and Military Criminal Cases, Cases Related to Military Disciplinary Penalties, Military Administrative Actions and Decisions in Administrative Courts. full remedy cases, to the Constitutional Court and the ECtHR Against Disciplinary Punishments (Especially Chamber Prisons)
  Criminal attorney service in cases and transactions such as individual applications,
• Criminal advocacy service in criminal files and transactions of IT crimes, such as Unlawful Violation, Corruption, Blocking of the Information System, Copying and Destroying the Data in the Information System, and Providing All Kinds of Legal Struggle,
• Active criminal advocacy service in the process of submitting release requests and release petitions to the court and taking the release decision for detained clients at all stages of the criminal case,
• Applications and actions such as appeal, filing of appeal applications, preparation of appeal and appeal petitions, follow-up of the outcome process, exercise of individual application rights to the Constitutional Court and the ECtHR against these decisions in case of violation of rights and freedoms against the criminal decisions rendered by the courts after the criminal cases. legal services for
• Informing the Clients about the current legislation, especially in the crimes arising from the Tax Criminal Law, Social Security and Labor Law, Enforcement and Foreign Exchange Law, fraudulent bankruptcy, Customs and Smuggling Law and similar laws, crimes and misdemeanors in the Turkish Penal Code. Criminal advocacy service in criminal cases brought against them, as well as preventive legal service in order not to violate the acts and behaviors defined as,
• Objection to the Criminal Judgeship of Peace against the decisions of the Prosecutor’s Office regarding non-prosecution (non-prosecution), preparation of objection petitions and follow-up of the process,
• Making applications and objections to Prison Directorates, Execution Judges and Execution Prosecutor’s Offices regarding problems and practices arising from execution law and prison practices, and errors in calculating execution times, and following the process,
• T.C. who committed a crime abroad. Legal follow-up of the transfer and extradition of its citizens to Turkey within the scope of extradition and advocacy services regarding the process,
• Follow-up of criminal cases related to international organized crimes at all stages, Follow-up and execution of the process at all stages in criminal cases within the scope of organized crimes, financial crimes and drug crimes, Criminal law consultancy services in all matters concerning Criminal Law,
• Applying to judicial remedies against decisions such as license and permit cancellation, suspension of broadcasting, transaction or public procurement bans or administrative fines, and follow-up of the application process,
• Legal advice to our clients, such as providing legal advice on how to respond to the accusations made by the law enforcement (Police and Gendarmerie) or the Public Prosecutor, participating in the interrogation made by the law enforcement, accessing the materials related to the accusation before the law enforcement, requesting additional investigation procedures that can be done at the point of resolution of the case. Criminal advocacy service in requests and transactions,
• Criminal advocacy service for filing lawsuits for material and moral compensation claims against the state, filing the necessary applications, following the process and concluding the victimization due to unjust arrest, arrest or violation of the procedural guarantees guaranteed by the Constitution, law and international agreements,
• Criminal advocacy service in the process of filing applications and lawsuits against the Decisions of Freezing the Assets of Individuals within the Scope of Prevention of the Financing of Terrorism, abolishing and finalizing the measures,
• Criminal advocacy service for the defense of the accused and the attorney for the participant in the cases heard at the Court of Cassation in the capacity of the first instance court and in the contested appeals made by the Supreme Court Criminal General Assembly,
• Following and concluding the attorneyship of the accused or the participant in criminal cases related to the crimes committed by foreign persons in Turkey or crimes committed against a foreign person, at all stages,
• Preparation of applications and objection petitions for the deletion of criminal and archive records and making the necessary applications

“…a criminal lawyer should be different from a business lawyer. How can he understand a murderer who, at least once, has not personally tasted the roots of murder in his imagination? How can one who does not scour all aspects of the social order in his mind defend it? The justice officer, like the middle imperial artist, must know the man’s name, the woman’s figure, and the standing of the eleven cents. Could the lawyer Fulvius have defended Spartacus if he had not jumped from the walls of Capua one evening to join the slaves’ revolt? Could Judge Pörfir himself have found out that Raskolnikov was guilty had he not one day dreamed of a beautiful murder?

Attorney Jacques Vergès/The Defense Attacks.

“…Criminal advocacy is a strange thing. You won’t blame, you won’t be angry, you won’t cry. These things happen. But you should always be inside of you. Don’t let your gaze be smuggled in. Look into the eyes of the criminal in front of you, friendly. You will see the “person” who wants to pour out his troubles there. After that, it gets easier. “Man takes poison from man,” they say, colloquially. That’s half of criminal law.”

Dr. Faruk Erem/Memoirs of a Criminal Lawyer