Criminal Defense Attorney in Cerkezkoy

What Are the Stages of Criminal Proceedings?

Criminal proceedings consist of two main stages: the investigation, which begins when a suspicion of crime arises, and the prosecution, which begins when the indictment is accepted. A mistake at one stage directly affects the next, so the defence should be planned from the very first statement.

1. Statement and custody: A suspect may exercise the right to remain silent and the right to a lawyer at every stage (Code of Criminal Procedure art. 147).
2. Arrest and judicial control: Detention requests are decided by the criminal judgeship of peace. An objection to a detention order can be filed within 7 days (art. 268), and release under judicial control can be requested at any stage.
3. Indictment: If the evidence creates sufficient suspicion, the prosecutor files an indictment; otherwise a decision of non-prosecution is issued.
4. Trial: Witnesses are heard and expert reports and digital evidence are examined; the defence is built on this evidence.
5. Judgment and appeals: The judgment can be challenged through appeal and cassation within the periods set by law.

Key Rights You Should Know

• For offences carrying a minimum sentence of more than five years' imprisonment, the bar appoints a mandatory defence lawyer if the suspect or defendant has none (art. 150).
• For certain offences listed in the law, such as simple intentional injury and threat, the file is referred to reconciliation; if the parties agree, the proceedings can end (art. 253).
• For offences prosecuted only upon complaint, the victim must file a complaint within 6 months of learning of the act and the perpetrator (Penal Code art. 73).
• Victims can also join the case, submit evidence, challenge decisions and claim compensation for their losses.
• For more on the investigation stage, read our article on the right of defence in criminal cases.

Frequently Asked Questions