The Role and Importance of the Lawyer in Criminal Cases: Effective Legal Assistance in the Investigation, Prosecution, Evidence and Legal Remedies

1. The Legal Position of the Lawyer in Criminal Procedure

1.1. Independent Defense Is a Constituent Element of the Judiciary

Article 1 of the Attorneys' Law No. 1136 defines the legal profession as a public service and a liberal profession, and states that the lawyer freely represents independent defense, which is one of the constituent elements of the judiciary. In criminal procedure, the defense is not an element that is merely formally present opposite the prosecuting authority; it is one of the indispensable guarantees of reaching the material truth by lawful methods and of a fair trial.

A lawyer is not a person who merely repeats what the client says. The lawyer examines the facts in the file, the legal characterization of the accusation, the manner in which the evidence was obtained, the procedural acts and the likely outcomes through independent professional judgment. The lawyer explains the client's rights and risks to the client; cannot carry out an unlawful instruction; and conducts the defense within the framework of the rules of the profession, honesty and the duty of confidentiality.

1.2. Defense Counsel and Legal Representative Are Not the Same Capacity

Defense counsel (müdafi)

The lawyer of a suspect or defendant in criminal procedure is called defense counsel (müdafi). Defense counsel provides legal assistance to the person under accusation and carries out the activity of the defense. The duty of defense counsel is not merely to request acquittal. Determining the correct characterization of the offense, separating out unlawfully obtained evidence, examining fault and participation, individualizing the sentence, and discussing alternative sanctions, suspension, effective repentance and other favorable institutions are also within the scope of the defense.

Legal representative (vekil)

The lawyer of the victim, the person harmed by the offense, the complainant or the intervening party (katılan) acts in the capacity of legal representative (vekil). The legal representative ensures the exercise of rights such as filing a complaint, intervening, submitting evidence, putting questions to witnesses and experts, requesting protective measures and applying to legal remedies. Although the duties of defense counsel and of the legal representative differ, both contribute to giving effect to the principles of equality of arms and adversarial proceedings.

1.3. "Criminal Lawyer" and "Serious Crimes Lawyer" Are Not Legal Specialist Titles

The expressions "criminal lawyer" or "serious crimes lawyer" are used in practice to describe lawyers who work predominantly in criminal investigations and cases. The legislation provides neither a separate bar license under these names nor a statutory specialist title. When choosing a lawyer, therefore, one should look not only at the title used but also at experience in the relevant field, the method of examining the file, communication, how the defense strategy is built, and the scope in which the lawyer undertakes the matter.

1.4. The Presence of a Lawyer Does Not Mean a Guarantee of Outcome

The outcome of criminal proceedings depends on the particulars of the incident, lawful evidence, statements, expert reports, the characterization of the offense and the assessment of the court. No lawyer can guarantee acquittal, release, a decision that there is no ground for prosecution, or a particular sentence. The legal value of a lawyer lies not in promising the result in advance, but in preventing the loss of rights, assessing the file as a whole, explaining its strong and weak points, and making the necessary applications within the time limits.

2. When Does the Right to Defense Counsel's Assistance Begin?

2.1. The Right Matters From the First Act, Not After the Case Is Filed

The most critical decisions in criminal procedure are often taken in the first hours of the investigation. Apprehension, police custody, statement-taking, identification, pointing out the scene, search, seizure, digital examination and a request for pretrial detention can influence the direction of the later proceedings. For this reason, lawyer's assistance must be provided not after the indictment is drawn up, but from the first stage at which the accusation takes concrete form.

The Constitutional Court accepts that, as a matter of principle, the suspect must be afforded access to the assistance of defense counsel from the moment of being taken into police custody or of pretrial detention. The Salduz case law of the European Court of Human Rights likewise regards access to a lawyer from the first police interrogation onward, unless there are compelling reasons, as one of the basic guarantees of a fair trial.

2.2. The Presence of a Lawyer at Statement-Taking and Interrogation

Under the Code of Criminal Procedure (CMK), the suspect or defendant must be informed that they have the right to choose defense counsel, may benefit from defense counsel's legal assistance, and may be present at the statement or interrogation. Defense counsel helps in understanding the accusation, checks whether the rights have been explained, objects to methods that impair freedom of will, and checks whether the record reflects the statement accurately.

A statement taken by the law enforcement authorities without defense counsel present cannot be used as the basis of a judgment unless it is confirmed by the suspect or defendant before a judge or court. This rule is not merely a formal signature requirement; it is a fundamental guarantee protecting the right of defense at the first stage. The Constitutional Court also emphasizes that the decisive use in a conviction of statements taken without defense counsel and not later confirmed cannot always be cured by the presence of a lawyer at later stages.

2.3. Cases of Mandatory Defense Counsel

In some situations, defense counsel must be appointed even without the person's request. Children, persons who are disabled, deaf or mute to the degree that they cannot defend themselves, and accusations of offenses of the gravity specified by law fall within mandatory defense counsel. In addition, a person brought before the judge with a request for pretrial detention must receive the assistance of defense counsel.

Mandatory defense counsel does not mean merely that the name of a lawyer appears in the file. The lawyer must be able to examine the file, meet with the client, take part in the substantive procedural acts and actually present the defense. The Court of Cassation may regard as a restriction of the right of defense cases in which mandatory defense counsel was absent, or in which judgment was given without taking the defense counsel's defense on the merits.

2.4. Confidential Meetings and Communication With Defense Counsel

As a rule, the suspect or defendant may meet defense counsel without a power of attorney being required. It is essential that the meeting be held in a setting where others cannot hear and that correspondence be protected within the confidentiality of the defense. Lawyer–client confidentiality is necessary so that the person can describe the events openly and so that the defense strategy is not disclosed to third parties.

This confidentiality is not an unlimited privilege but a guarantee of the right of defense. The exceptional restrictions provided by law should be interpreted narrowly, and the legal basis and duration of the decision should be examined.

2.5. Examining the File and Obtaining Copies of Documents

Defense counsel's examination of the contents of the file, inspection of the evidence held in custody and obtaining copies of the necessary records and documents are the foundation of preparing the defense. Although the authority to examine the file during the investigation stage may be restricted by a judge's decision under the conditions provided by law, this restriction is exceptional and cannot eliminate the essence of the right of defense.

It may not be sufficient for the lawyer to see the file in general terms only on the UYAP screen. Physical annexes, digital examination reports, camera recordings, HTS/base station analyses, identification records, search and seizure documents, expert reports and the originals of images must also be examined separately.

3. The Lawyer's Role at the Investigation Stage

3.1. Clarifying the Accusation and the Chronology of the Incident

At the beginning of the investigation, the lawyer's first task is not to teach the client a ready-made story but to organize the available information chronologically and documentarily. What the suspect is accused of, which event took place on which date, who witnessed it, which records exist and which matters are still mere assumption are distinguished.

For a sound defense, answers are sought to the following questions:

• What exactly is the alleged act?
• With which facts are the statutory elements of the offense being associated?
• What evidence links the suspect to the offense?
• Which records that are favorable or that weaken the accusation are not yet in the file?
• Have the statutory conditions of protective measures been met?
• If there are several suspects, is there a conflict of statements and interests?

3.2. Preparation Before the Statement and the Right to Remain Silent

The suspect must decide, according to the specific file, between giving a statement and exercising the right to remain silent. The right to remain silent is not an indication of guilt. On the other hand, if making an explanation will be useful to the defense, it is important that the statement be consistent with the chronology of the incident and the existing records.

Defense counsel assesses the connection of the questions to the accusation, the possibility that the statement will be misunderstood, and the consequences that an explanation made on incomplete information may have. The suspect cannot be advised to give a statement contrary to the truth. The aim is to prevent the person from creating, under pressure, in haste or without knowing its legal consequences, an irreversible record against themselves.

3.3. Gathering Favorable Evidence in a Timely Manner

The public prosecutor is obliged to gather evidence both in favor of and against the suspect. Nevertheless, the defense should not assume that favorable evidence will enter the file by itself. Camera recordings may be deleted, electronic data may be overwritten, witnesses' memories may fade and the retention periods of institutional records may expire.

The lawyer therefore prepares concrete requests for a letter of inquiry to the relevant institution, preservation of records, hearing of witnesses, expert examination, an on-site examination or imaging of digital data. The request should be framed not merely as "let favorable evidence be gathered" but by explaining what the evidence will prove and where it is to be obtained.

3.4. Monitoring Search and Seizure Procedures

Conditions and Scope of the Search Decision

A search is a protective measure that interferes with private life and the inviolability of the home. The search decision or written order must be issued by the competent authority, and its scope must be specific in terms of place, person, object and time. The conditions of a preventive search and of a judicial search differ from one another. Relying solely on a preventive search decision in a situation that requires a judicial search decision once concrete suspicion of an offense has emerged may give rise to unlawfulness.

Defense counsel examines the following:

• Is the authority that issued the decision competent?
• If it is claimed that delay would be prejudicial, has this been substantiated?
• Are the place, person, purpose and duration sufficiently specific in the search decision?
• Have the separate conditions for a home, workplace, vehicle or digital device been observed?
• Does the search record reflect the truth?
• Was the seizure submitted for judicial approval within the time limit?

Not Using Unlawful Evidence as the Basis of the Judgment

Under the Constitution and the CMK, evidence obtained by unlawful methods cannot be used as the basis of the judgment. In its decision E. 2023/5371, K. 2024/893, the 10th Criminal Chamber of the Court of Cassation stated that evidence obtained on the strength of a preventive search decision in an incident requiring a judicial search is prohibited evidence and cannot be used in a conviction.

The lawyer's task is not merely to be present during the search, but to assess together the basis of the decision, the consistency of the records, the approval of the seizure and the procedure by which the findings obtained were added to the file.

3.5. Digital Evidence and Technical Examination

Telephones, computers, cloud accounts, messaging records and social media data are becoming increasingly decisive in criminal files. Submitting a digital record to the file as a screenshot does not by itself prove its reliability. How the device was obtained, whether an image was taken, hash values, the examination method, user matching, date-time data and the possibility of manipulation must be examined.

Defense counsel assesses the scope of the digital examination decision, the search keys, the relevance of the data selection to the incident and the degree of certainty of the technical inferences in the report. Where necessary, an expert opinion or a counter-expert examination is requested. The presence of digital data and the creation, sending or knowing use of that data by the defendant are not the same thing.

3.6. Physical Examination and Biological Samples

An internal physical examination and the taking of samples such as blood, saliva, hair or the like from the body is an interference with bodily integrity. The statutory basis of the act, the deciding authority, its proportionality and its performance in a medically appropriate manner must be examined. A decision issued by the public prosecutor where delay would be prejudicial must be submitted for approval by a judge or court within the period provided by law.

The lawyer examines from whom, by what method and for what purpose the sample was taken, how it was sent to the laboratory, the identification of the results and the scientific adequacy of the comparison.

3.7. Pointing Out the Scene and On-Site Examination

Pointing out the scene (yer gösterme) and on-site examination (keşif) are not the same act. Pointing out the scene is an act during the investigation aimed at relating the suspect's statements to the scene of the incident. On-site examination is a direct observation carried out by the judge or court and, in cases where delay would be prejudicial, by the public prosecutor to the extent permitted by law.

Defense counsel checks whether the act was conducted in accordance with freedom of will, whether the suspect was led, whether the record is consistent with the images and measurements, and whether details important for the defense were entered in the record.

3.8. Identification, Confrontation and Witness Statements

Identification procedures are among the areas of evidence that carry a risk of wrongful conviction. Showing a photograph to the person before the identification, forming an identification group not made up of similar persons, using leading expressions, or failing to record the act properly may weaken the reliability of the evidence.

The lawyer examines differences between the first account and later accounts in the witness's or victim's statement, the conditions under which the incident was seen, the distance, the lighting and whether the identifying person knew the suspect beforehand. Not every contradiction means a lie; but a conviction cannot be based on decisive contradictions that have not been clarified.

3.9. Monitoring of Communications, HTS and Base Station Records

Interception and recording of communications is a serious protective measure that can be applied only for the offenses and under the conditions provided by law. Strong suspicion based on concrete evidence, the impossibility of obtaining the evidence in another way, the decision of the competent authority, and the duration and scope must be examined.

An HTS or base station record often shows not the content of the communication but connection and approximate location information. The assumption that base station data places a person at a precise point is not technically correct in every case. The lawyer should examine how the records are related to the device, the line, the user and the time of the incident.

4. The Lawyer's Role in Apprehension, Police Custody, Pretrial Detention and Judicial Control

4.1. The Act of Apprehension

Apprehension is the actual restriction of a person's liberty. Guarantees such as the statutory reason for the apprehension, informing the apprehended person of their rights, notifying their relatives and a medical check must be monitored. The existence of an arrest warrant does not mean that the person will necessarily be placed in pretrial detention. A definitive assessment of the outcome cannot be made without examining the purpose of the apprehension and the content of the warrant.

4.2. Police Custody and Objection

For police custody, there must be a necessity from the standpoint of the investigation and indications suggesting that the person committed the offense. The custody decision, its duration and extension procedures are assessed with regard to the specific file. Defense counsel meets the suspect, obtains information about the person's health and the conditions of the procedures, objects to the custody decision where necessary, and takes part in the statement-taking process.

4.3. Request for Pretrial Detention

Pretrial detention is not a punishment but an exceptional protective measure. In addition to concrete evidence showing strong suspicion of an offense, there must be a ground for detention such as the risk of flight or of tampering with evidence; the measure must be proportionate, and it must be explained why judicial control would be insufficient.

At the pretrial detention hearing, defense counsel's task is not merely to say "we request release". The strength of the evidence, the suspect's personal and social ties, whether the evidence has already been gathered, the characterization of the offense, the expected sentence, health and family circumstances and judicial control options are made concrete. Decisions on the continuation of detention must also carry new and relevant reasoning.

4.4. Judicial Control Measures

Judicial control obligations such as a travel ban abroad, a duty to report to specified places, a prohibition on leaving the residence or the posting of security also restrict fundamental rights. Defense counsel may object to the necessity, scope and duration of the measure and may request its lifting or modification when conditions change.

5. The Lawyer's Role at the Indictment and Prosecution Stage

5.1. Examining the Indictment

With the acceptance of the indictment, the suspect acquires the status of "defendant". The indictment must clearly set out the alleged act, place and time, the evidence, the legal characterization and the articles requested to be applied. The court is bound by the act described in the indictment; determining the limits of the accusation from the outset is therefore the foundation of the defense.

Defense counsel compares the following:

• Has a link been established between the act in the indictment and the evidence?
• Have several incidents or defendants been separated from one another?
• Has the evidence in favor of the defendant been assessed in the indictment?
• Are the characterization of the offense and the competent court correct?
• Has a deficiency requiring the return of the indictment been overlooked?

5.2. The Preliminary Examination Record and Hearing Preparation

The preliminary examination record (tensip zaptı) shows which documents the court will obtain at the first stage, whom it will summon and which acts it will carry out. Defense counsel should examine the record and submit without delay any requests for further investigation. In a request for the gathering of defense evidence, the incident to which the evidence relates and the purpose of proof should be explained.

Under CMK Art. 177, requests may be made before the hearing for the summoning of witnesses or experts and for the gathering of defense evidence. A witness or expert whom the court has refused to summon may also be brought directly to the hearing under the conditions in the law.

5.3. Interrogation of the Defendant and Taking the Defense

The offense attributed to the defendant must be explained, their rights notified and sufficient means afforded to prepare their defense. Failing to grant a defendant's request to make a defense with defense counsel before the trial court, after only a short statement has been taken through letters rogatory, may impair the right of defense. In its decision E. 2025/6012, K. 2026/361, the 11th Criminal Chamber of the Court of Cassation held that the right of defense was restricted in a case where the accusation and the supporting evidence were not explained and judgment was given in the defendant's absence although the defendant had stated a wish to make a defense with defense counsel before the trial court.

5.4. Direct Questioning

Under CMK Art. 201, the public prosecutor, defense counsel and legal representative may put questions directly to the defendant, the intervening party (katılan), the witness, the expert and other persons summoned to the hearing. This authority is important for resolving uncertainties in testimony and testing the scientific basis of a report.

Effective questioning is not pressing the witness or creating an argument. Questions should be short, understandable, directed at a single fact and connected to the file. First the source of the account is tested, then the conditions of observation, consistency and the relationship with other evidence.

5.5. Hearing Witnesses and Experts at the Hearing

The defendant and defense counsel must be given the opportunity to question a decisive witness statement that is to be relied on for a conviction. The Court of Cassation regards as a restriction of the right of defense the use as the basis of a judgment of decisive witness statements taken by letters rogatory or at a session at which the defendant and defense counsel were not present, without giving the defense an opportunity to question.

An expert report is also not an unchallengeable judgment. Defense counsel may bring out the expert's field of expertise, the examination method, the data and assumptions used, and the questions the report does not answer. Legal characterization belongs to the court; the expert should not exceed technical limits and draw a legal conclusion that the offense has been committed or that the defendant is at fault.

5.6. Presenting and Discussing the Evidence

A judge may base a decision only on evidence that has been brought to the hearing and discussed in their presence. After evidence has been read or a witness or expert heard, the parties must be asked what they have to say; the legal representative of the intervening party, the public prosecutor, the defendant and defense counsel must be able to state their views on the evidence.

In its decision E. 2018/420, K. 2019/230, the Criminal General Assembly of the Court of Cassation (Yargıtay Ceza Genel Kurulu) emphasized that the principles of equality of arms and adversarial proceedings require that the parties be given the opportunity to be informed of the evidence and views and to comment on them.

5.7. Defense Against the Opinion on the Merits

The public prosecutor's opinion on the merits is an important stage of the proceedings with respect to proof of the accusation, the characterization of the offense and the requested sentence. The defendant and defense counsel must be given a real opportunity to examine the opinion and prepare a counter-defense.

Giving judgment without assessing defense counsel's excuse, in the absence of mandatory defense counsel or the defendant, and without taking the defense on the merits may lead to a restriction of the right of defense. The decision of the 3rd Criminal Chamber of the Court of Cassation, E. 2024/19417, K. 2025/15360, is among the current examples of this guarantee.

5.8. Final Word and Judgment

After the evidence has been discussed, the final word belongs to the defendant present. Defense counsel's defense does not replace the defendant's right to the final word. The judgment must explain, with reasoning capable of review, which evidence was accepted and why, why the substantive objections of the defense were not accepted, the characterization of the offense and the individualization of the sentence.

The lawyer examines the reasoned decision not only with regard to the outcome but also with regard to the assessment of evidence, the answering of requests, claims of unlawfulness, the characterization of the offense, the determination of the sentence and the notice of legal remedies.

6. The Lawyer's Role for the Victim, Complainant and Intervening Party

6.1. Properly Framing the Complaint and the Account of the Incident

The victim's legal representative sets out the incident not in an exaggerated way or squeezed into legal formulas, but in a form that can be explained by date, place, persons and evidence. In offenses subject to complaint, the time limit, withdrawal and the possibility of victim–offender mediation (uzlaştırma) are assessed separately. The complaint petition should state where the evidence is located and which fact it supports.

6.2. The Request to Intervene

Intervening in the public prosecution is not merely watching the hearing. The status of intervening party (katılan) provides, to the extent recognized by law, the opportunity to submit evidence, make requests and apply to legal remedies. The legal representative explains the request to intervene and the connection of harm from the offense in good time.

6.3. Protection and Security Measures

In files that require witness security or that involve domestic violence, sexual offenses, stalking, threats and offenses against children, special protection mechanisms may come into play in addition to the criminal investigation. The legal representative assesses the conditions of no-approach orders, no-contact orders, confidentiality, special methods during the statement, a forensic interview room and other measures.

6.4. Submitting Evidence and the Right of Cross-Examination

Although the victim's statement is important, it is not given the same weight alone in every file. The continuity of the statement, its internal consistency, the first account, supporting records and the characteristics of the incident are examined together. When requesting procedures that prevent the victim from being traumatized again, the legal representative must also strike a fair balance with the defense's right to put questions.

6.5. Compensation and Other Legal Remedies

A criminal conviction does not always result in the harm being remedied automatically. Pecuniary and non-pecuniary compensation, an insurance claim, the return of property, a protection order or other legal remedies must be assessed separately. The evidence in the criminal file and the conditions of proof and limitation in a compensation action may not be the same.

7. Evidence in Criminal Proceedings and the Lawyer's Oversight Function

7.1. Burden of Proof and Presumption of Innocence

In criminal proceedings, the defendant cannot be expected to prove their innocence. It is for the prosecuting authority to prove the accusation by lawful evidence with a certainty that goes beyond reasonable doubt. The principle that the defendant benefits from doubt is not an abstract slogan that "no doubt at all should remain in the file"; it means that a doubt that cannot be removed and that affects the judgment is not interpreted against the defendant.

7.2. How the Evidence Was Obtained and the Procedure for Adding It to the File

The likelihood that a piece of information shows the truth does not mean it may be obtained by any method. Search, seizure, interception of communications, identification, statement-taking and digital examination must be carried out in accordance with the guarantees in the law. Defense counsel assesses not only the content of the evidence but also the decision, the record, the time limits, the approval, the custody and the examination processes.

7.3. Resolving Contradictions Between Items of Evidence

There may be differences between a camera recording and a record, between HTS data and a witness statement, between an expert report and a crime scene photograph, or between the first statement and the statement at the hearing. Instead of choosing the part that suits it and ignoring the other, the defense should explain the reason for the contradiction. Nor can the court give preference to one item of evidence without resolving a decisive contradiction.

7.4. Objecting to an Expert Opinion and an Expert Report

An objection to an expert report is not confined to the sentence "we do not accept the report". The method used, the raw data, measurement error, alternative explanations, the field of expertise, the differences between reports and unanswered questions must be shown separately. In a technical dispute, defense counsel may obtain an expert opinion from the relevant field and present the court with a counter-assessment that can be reviewed.

8. How Is an Effective Defense Strategy Built?

8.1. Factual Chronology

First, a verifiable timeline of the incident is prepared. It is separated which information comes from documents and which from statements or assumptions. Dates, times, locations, persons and communication records are compared in a single table.

8.2. Matching the Elements of the Offense With the Evidence

Each type of offense is addressed through its material and mental elements. It is shown which element each item of evidence in the file supports or weakens. Instead of a general defense such as "did not commit the offense", it is explained which element of the accusation has not been established and why.

8.3. Assessing Alternative Possibilities

When a defense is tied to a single scenario, it may be weakened by new evidence. Alternative issues such as the identity of the perpetrator, intent, participation, a ground of justification, mistake, the characterization of the offense or the reliability of the evidence are examined independently of one another. The primary defense and the contingent requests in favor of the defendant are clearly separated.

8.4. Building Procedural Objections and the Defense on the Merits Together

When unlawful search or violation of the right of defense is asserted, one should not rely on a procedural error alone. When evidence is excluded, the sufficiency of the remaining evidence and the elements of the offense should also be discussed separately. The procedural defense and the defense on the merits should complement each other.

8.5. Consistency of the Written and Oral Defense

The petition presents a detailed legal map of the file; the oral defense brings forward clearly and intensively the issues that influence the decision at the hearing. Instead of reading a long petition verbatim, a few decisive questions that the court must answer are emphasized.

9. The Lawyer's Role in Legal Remedies

9.1. Appeal to the Regional Court of Appeal (İstinaf)

Under the amendment that entered into force on June 1, 2024, an appeal (istinaf) request under CMK Art. 273 is made within two weeks of the date on which the judgment is notified together with its reasons. The date of the decision and the transitional provisions should be checked separately. The decision of the 8th Criminal Chamber of the Court of Cassation, E. 2024/26445, K. 2025/7798, is among the current examples of the application of the new time limit.

An appeal (istinaf) is not merely a formal application to a higher court. Review may be requested with respect to the factual incident, the evidence, procedural acts, the characterization of the offense and the sentence. Defense counsel prepares a reasoned application linking the error in the decision to the desired result.

9.2. Appeal to the Court of Cassation (Temyiz)

Following the amendment made to CMK Art. 291 by Law No. 7499, the time limit for an appeal to the Court of Cassation is likewise two weeks from the notification of the judgment together with its reasons, for decisions within the scope of application. The decision of the 6th Criminal Chamber of the Court of Cassation, E. 2024/3055, K. 2025/11153, applied this amendment expressly.

Review on appeal to the Court of Cassation is essentially directed at legal review. The grounds of appeal must be framed so as to show which rule of law the judgment violates and why. Jurisdiction, reasoning, restriction of the right of defense, unlawful evidence, the characterization of the offense and errors in the sanction are set out under separate headings.

9.3. Extraordinary Legal Remedies

For final decisions, reversal in the interest of the law (kanun yararına bozma), the objection of the Chief Public Prosecutor of the Court of Cassation, retrial or other extraordinary routes depend on specific conditions. These routes are not applications that allow every objection not raised in the ordinary legal remedy to be reviewed again without limit.

9.4. The Constitutional Court and the European Court of Human Rights

An individual application is not an ordinary appeal that replaces the lower courts and reassesses the evidence. The claim that a constitutional or Convention right has been violated by public authority must have been raised in essence in the ordinary routes of recourse, and the application time limit must be observed.

The lawyer systematically sets out which act or decision gave rise to the violation, how the ordinary remedies were exhausted, the link between the violation and the harm, and the redress requested.

10. The Lawyer's Role at the Enforcement Stage

A criminal case does not always end when the judgment becomes final. The sentence calculation sheet (müddetname), the application of set-off, conditional release, probation, deferral of enforcement, enforcement on grounds of illness, disciplinary penalties and applications to the enforcement judgeship (infaz hâkimliği) may each require separate legal examination.

The defense counsel or the convicted person's lawyer compares the final judgment with the enforcement calculation, checks the set-off of periods spent in police custody and pretrial detention, and assesses the enforcement regime and the time limits for applications. Matters that may be raised against the conviction and matters that may be raised against the enforcement act must not be confused with one another.

11. Common Mistakes in Criminal Files

• Giving the first statement unprepared, thinking "I will change it in court anyway".
• Deleting or altering a telephone, message, camera or location record.
• Not requesting preservation, assuming that favorable evidence will be kept for a long time.
• Signing search and seizure records without reading them, or failing to have an objection entered in the record.
• Making detailed statements through social media or third parties without having seen the file.
• Continuing with the same lawyer although there is a conflict of interest between defense counsel and the defendant.
• Objecting to an expert report only with general sentences.
• Not asking for an interim decision on a request made at the hearing.
• Failing to follow the notification of the reasoned decision and the time limit for legal remedies.
• Thinking that a lawyer can give a guarantee of outcome.

12. What Criteria Should Be Considered When Choosing a Lawyer in a Criminal Case?

12.1. Method of Examining the File

What matters is not only that the lawyer knows the type of offense in general, but how the lawyer compares the records, digital recordings, statements and reports in the specific file. At the first meeting, the lawyer should be able to explain which documents are needed and which risks exist, instead of promising a definite result.

12.2. Process and Communication

The client should know who is responsible for the file, how and at what stage they will be informed, and through which channel they can reach the lawyer in an emergency. Continuous communication does not mean repeating the same result at every development; it means explaining in an understandable way the acts that give rise to decisions and risks.

12.3. Fees and Scope of Service

The investigation, first-instance proceedings, appeal to the regional court of appeal, appeal to the Court of Cassation, individual application and enforcement may be separate scopes of service. The fee agreement should clearly state which acts are undertaken, the expenses, and whether the stages of legal remedies are included.

12.4. Confidentiality and Conflict of Interest

Attorney professional secrecy and the protection of personal data are of particular importance in a criminal file. Undertaking the defense of more than one person in the same incident may not be appropriate where their statements or interests conflict. This risk should be assessed at the outset.

13. Stages of Criminal Procedure and the Lawyer's Principal Functions

14. Conclusion

The role of the lawyer in criminal procedure is not limited to the final defense made in the courtroom. Effective legal assistance begins at the moment the accusation is first learned, continues with oversight of the procedure by which evidence is obtained and preserved, and covers the establishment of adversarial proceedings at the hearing and the review of the judgment through legal remedies.

For the suspect or defendant, the aim is not merely to avoid punishment, but to ensure that every act affecting liberty is lawful, necessary and proportionate, to bring favorable evidence into the file, and to ensure that a conviction rests only on lawful, discussed and sufficient evidence. For the victim or intervening party (katılan), it is important to give a correct account of the incident, to preserve evidence, and to exercise security and intervention rights. The real function of a lawyer is not to promise a result, but to ensure that rights are exercised effectively throughout the proceedings.

15. Frequently Asked Questions

Is it mandatory to hire a lawyer in a criminal case?

There is no obligation to hire a privately chosen lawyer in every criminal investigation or case. However, in the cases of mandatory defense counsel specified in the CMK, defense counsel is appointed by the bar association. A person may benefit from a lawyer's assistance at any stage they wish, even outside mandatory defense counsel.

Can a suspect give a statement without a lawyer?

Outside the cases of mandatory defense counsel, yes; but the suspect must be informed of the right to the assistance of defense counsel. A statement taken by the law enforcement authorities without defense counsel cannot be used as the basis of a judgment unless it is confirmed before a judge or court.

Can the lawyer see the file before the statement is given?

Defense counsel has the right to examine the file and obtain copies of documents. Where the purpose of the investigation could be endangered, a restriction decision may be issued under the conditions in the law. The scope and basis of the restriction must be examined separately in the specific file.

Is exercising the right to remain silent assessed against the suspect?

The right to remain silent is a constitutional guarantee and cannot by itself be regarded as an indication of guilt. Nevertheless, the effect on the defense of whether or not an explanation is made should be assessed with defense counsel according to the particulars of the file.

Can a person in police custody meet their lawyer without a power of attorney?

As a rule, yes. No power of attorney is required for the suspect or defendant to meet defense counsel. Holding the meeting in a setting where others cannot hear is a requirement of the confidentiality of the defense.

Can the lawyer be present during a search?

Different provisions apply depending on the type and place of the search. The presence of defense counsel does not by itself cure unlawfulness in the search decision; the authority, scope, records and seizure procedures of the decision are examined separately.

Is an item found in an unlawful search still evidence?

Evidence obtained by an unlawful method cannot be used as the basis of a judgment. However, whether the search was in fact unlawful and whether there is other independent evidence in the file is assessed in the specific case.

Is a lawyer mandatory at a pretrial detention request?

When pretrial detention is requested, the suspect or defendant benefits from the assistance of defense counsel, either chosen by them or appointed by the bar association. Defense counsel discusses strong suspicion of an offense, the grounds for detention and the judicial control options.

Can the same lawyer defend more than one defendant?

It may be possible if there is no conflict between the defenses and interests. If one defendant's defense accuses the other or directs responsibility at them, a conflict of interest may arise and separate defense counsel may be required.

Does the victim also need a criminal lawyer?

The victim or the person harmed by the offense may exercise the rights of complaint, evidence, intervention, protection and legal remedies through a legal representative. Legal assistance gains importance especially in technical, multi-party or serious files.

Why is the request to intervene important?

A decision to allow intervention enables the person harmed by the offense to follow the case with the procedural rights recognized by law and, if the conditions are met, to apply to legal remedies. Intervention does not mean merely being physically present at the hearing.

Can the lawyer put questions directly to a witness?

Yes. Defense counsel and the legal representative may, under CMK Art. 201, put questions directly to the defendant, the intervening party, the witness, the expert and other persons called, in a manner consistent with the discipline of the hearing.

Is the court bound by an expert report?

No. The expert gives an opinion on the technical matter; the assessment of evidence and legal characterization belong to the court. The parties may object to the report with concrete technical reasons and may request a supplementary report or a new expert.

What is the time limit for an appeal to the regional court of appeal (istinaf)?

For decisions within the scope of the provision that entered into force on June 1, 2024, the time limit for an appeal (istinaf) is two weeks from the notification of the reasoned judgment. Decisions with earlier dates and the transitional provisions should be examined separately.

What is the time limit for an appeal to the Court of Cassation (temyiz)?

For decisions within the scope of the amendment made by Law No. 7499, the time limit for an appeal to the Court of Cassation is two weeks from the notification of the judgment together with its reasons. Whether the decision is open to appeal and the requirement to submit grounds are assessed separately.

Can a lawyer guarantee acquittal or release?

No. The outcome of criminal proceedings depends on the evidence, the legal characterization and the assessment of the court. The lawyer's task is not to promise a result, but to examine the file carefully and exercise rights effectively.

Does the lawyer's duty end after the criminal case is over?

It depends on the scope of the service agreement. Appeal to the regional court of appeal, appeal to the Court of Cassation, individual application and enforcement proceedings are separate stages. It should not be assumed that the first-instance power of attorney covers all of these acts.

Why is it important for a lawyer to join the file early?

Evidence such as cameras, digital data and witnesses' recollection may be lost over time; first statements may affect the subsequent process. Early legal assistance is important for preserving evidence and for objecting in good time to acts that cause loss of rights.

Sources

Legislation and International Instruments

• Constitution of the Republic of Türkiye (Türkiye Cumhuriyeti Anayasası), in particular Articles 36 and 38.
• Attorneys' Law No. 1136 (1136 sayılı Avukatlık Kanunu), in particular Articles 1, 34 and 36.
• Code of Criminal Procedure No. 5271 (5271 sayılı Ceza Muhakemesi Kanunu), in particular Articles 147-156, 177-181, 188, 201, 206, 215-217, 230, 273 and 291.
• Law No. 5235 on the Establishment, Duties and Powers of the Courts of First Instance and Regional Courts of Appeal of the Ordinary Judiciary (5235 sayılı Adlî Yargı İlk Derece Mahkemeleri ile Bölge Adliye Mahkemelerinin Kuruluş, Görev ve Yetkileri Hakkında Kanun).
• Law No. 7499 on Amendments to the Code of Criminal Procedure and Certain Laws (7499 sayılı Ceza Muhakemesi Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun).
• European Convention on Human Rights, in particular Articles 5 and 6.

Selected Case Law

• Constitutional Court, Application No. 2019/14049, September 13, 2022.
• Constitutional Court, Application No. 2014/14284, June 27, 2018.
• Constitutional Court, Application No. 2020/9524, June 15, 2022.
• European Court of Human Rights (ECtHR) Grand Chamber, Salduz v. Türkiye, Application No. 36391/02, November 27, 2008.
• ECtHR, Ibrahim and Others v. the United Kingdom, Application No. 50541/08 and related applications.
• Criminal General Assembly of the Court of Cassation (Yargıtay Ceza Genel Kurulu), E. 2018/420, K. 2019/230, March 19, 2019.
• 10th Criminal Chamber of the Court of Cassation (Yargıtay 10. Ceza Dairesi), E. 2023/5371, K. 2024/893, January 25, 2024.
• 3rd Criminal Chamber of the Court of Cassation (Yargıtay 3. Ceza Dairesi), E. 2024/19417, K. 2025/15360, May 22, 2025.
• 3rd Criminal Chamber of the Court of Cassation, E. 2024/2365, K. 2025/26354, November 19, 2025.
• 11th Criminal Chamber of the Court of Cassation (Yargıtay 11. Ceza Dairesi), E. 2025/6012, K. 2026/361, January 12, 2026.
• 8th Criminal Chamber of the Court of Cassation (Yargıtay 8. Ceza Dairesi), E. 2024/26445, K. 2025/7798, October 20, 2025.
• 6th Criminal Chamber of the Court of Cassation (Yargıtay 6. Ceza Dairesi), E. 2024/3055, K. 2025/11153, December 11, 2025.