The right to defense in criminal proceedings is one of the fundamental rights guaranteed by the Constitution. From the moment an investigation is initiated against a person, being represented by a defense counsel (criminal defense attorney) at every stage of the process is the most critical step in preventing the loss of rights. As a Çerkezköy Criminal Defense Attorney, in this guide, we explain your rights in criminal proceedings and the indispensable role of the lawyer in detail.
Mandatory defense counsel applies for crimes with sentences exceeding 5 years. Detention orders can be challenged at any time. The right to remain silent is constitutionally guaranteed. Heavy penal courts handle serious crimes like homicide and drug trafficking.
The Importance of Giving a Statement During the Investigation Phase
The first and perhaps the most critical stage of the criminal law process is the investigation phase. When a suspicion of crime arises under the Turkish Penal Code (TPC), an investigation is initiated by the Public Prosecutor. At this stage, the person is not yet a "defendant" but rather a "suspect". However, this distinction does not diminish the seriousness of the process; on the contrary, statements given during the investigation phase can shape the entire future of the case.
Pursuant to Article 147 of the Criminal Procedure Code (CPC), the suspect has the right to request a lawyer before giving a statement. In practices at the Çerkezköy and Kapaklı courthouses, particularly during initial statements taken by law enforcement (police/gendarmerie), it must be emphasized that having a Çerkezköy Criminal Defense Attorney present is of critical importance.
Important Notice
Statements given without a lawyer may be used against you in future court proceedings. According to CPC Art. 148, statements obtained through prohibited methods cannot be used as the basis of a judgment; however, only defense counsel can determine whether your rights have been violated throughout the process.
The primary duties of the defense counsel (lawyer) during the investigation phase are as follows:
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Exercising the Right to Remain Silent: Preventing the suspect from making statements that could be used against them and strategically exercising the right to silence.
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Evidence Review: Accessing the investigation file and examining whether the collected evidence complies with the law.
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Statement Strategy: Determining the content of the statement to be given together with the client, creating a framework that is consistent with the truth and strengthens the defense.
In processes at the Kapaklı and Çerkezköy courthouses, obtaining professional legal support during the investigation phase forms the foundation of the defense in the subsequent prosecution (trial) phase. Therefore, working with a Çerkezköy Criminal Defense Attorney from the very beginning of the process is of great importance.
Detention Appeal Processes and Your Rights
Detention is the most severe protective measure in criminal proceedings and means the restriction of a person's freedom. Pursuant to CPC Art. 100, in order for a detention order to be issued, in addition to strong suspicion of crime, there must also be a reason for detention such as risk of flight or tampering with evidence.
Against detention orders issued by the Çerkezköy Criminal Judgeship of Peace and Kapaklı Courthouse, there are several legal remedies available to the suspect and defense counsel:
Appeal Against Detention
An objection against a detention order can be filed at any time pursuant to CPC Art. 104. The objection is submitted to the superior authority of the court that issued the decision and is examined with priority.
Review of Detention
During the investigation phase, the continuation of detention can be decided at most every 30 days; during the prosecution phase, at every hearing or at most every 30 days.
Request for Judicial Control
Instead of detention, judicial control measures regulated under CPC Art. 109 (house arrest, signature obligation, travel ban, etc.) can be requested.
Constitutional Court Individual Application
After all domestic legal remedies have been exhausted, an individual application can be made to the Constitutional Court against prolonged detention.
Timing is vital in detention appeal processes. An experienced Çerkezköy Criminal Defense Attorney takes the necessary legal steps immediately from the moment the detention order is issued and determines the most effective strategy for the client's release. Working with a lawyer who knows the local practices, particularly at the Çerkezköy and Kapaklı courthouses, can significantly accelerate the release process.
Important Warning
For crimes falling within the jurisdiction of the heavy penal court (excluding genocide and crimes against humanity under TPC Art. 76-78), the maximum detention period is 2 years. However, it can be extended up to 3 years in mandatory cases. Release requests should be made regularly within this period.
Defense Strategies in Heavy Penal Courts
Heavy Penal Courts handle serious crimes such as intentional homicide (TPC Art. 81-83), drug trafficking (TPC Art. 188), robbery (TPC Art. 148-149), sexual assault (TPC Art. 102), and aggravated fraud. In these cases, since the penalties are custodial (imprisonment) in nature and the amounts are high, the defense strategy must be prepared meticulously.
A successful defense strategy in heavy penal cases should include the following elements:
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1Evidence Analysis and Rebuttal
The legality of every piece of evidence presented by the prosecution must be questioned. Evidence obtained through unlawful means (CPC Art. 206/2-a) should be rejected by the court. Expert examination of technical evidence such as digital evidence, phone records, HTS data, and CCTV footage should be requested.
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2Evaluation of Witness Testimonies
Contradictions in witness statements should be identified and revealed through cross-examination technique. Pursuant to CPC Art. 201, the defense counsel's right to directly question witnesses is one of the most powerful tools of an effective defense.
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3Sentence Reduction and Alternative Sanctions
Depending on the nature of the crime, grounds for sentence reduction such as unjust provocation (TPC Art. 29), self-defense (TPC Art. 25), and effective remorse, as well as conditions for alternative sanctions such as deferral of the announcement of the verdict (DOAV) and suspension of the sentence, should be meticulously investigated.
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4Appeal and Cassation Legal Remedies
Against the decision of the heavy penal court, there are avenues of appeal to the Regional Court of Justice (Appeal) and subsequently to the Court of Cassation. Effective continuation of the defense at each stage ensures that erroneous decisions are overturned.
Why Should You Work with a Defense Counsel (Lawyer)?
The biggest difference between criminal cases and other branches of law is that the consequences are difficult or impossible to remedy. Money lost in a civil case can be refunded; however, freedom lost in a criminal case cannot be restored. Custodial sentences affect not only the person's physical freedom but also their family, career, social reputation, and future.
The key assurances provided by working with a Çerkezköy Criminal Defense Attorney are as follows:
Protection of Rights
Ensures the full and complete exercise of all your rights from investigation to execution.
Strategic Defense
Determines and implements the most effective defense strategy according to the specifics of the case.
Deadline Tracking
Prevents missing the statutory deadlines set for objections, applications, and legal remedies.
Atty. Fatih Özden defends clients in criminal courts at the Çerkezköy Courthouse and surrounding districts based on the principle of "Presumption of Innocence". Our office, which is available 24/7 from the moment an investigation begins, through detention and custody processes, provides dedicated and resolute defense counsel in heavy penal cases.
Did You Know?
Pursuant to CPC Art. 150/3, for crimes carrying a maximum sentence of more than 5 years' imprisonment, mandatory defense counsel (appointment of a lawyer) is required even without the request of the suspect or defendant. However, rather than waiting for the appointment of a court-assigned defense counsel, working with an experienced Çerkezköy Criminal Defense Attorney of your own choice directly impacts the quality of your defense.
Atty. Fatih Özden
Marmara University Faculty of Law Graduate | Expert Mediator
Attorney Fatih Özden operates his law office across from Çerkezköy Courthouse, specializing in family law, employment law, criminal defense, and mediation. He provides legal representation and expert mediation services in Çerkezköy, Kapaklı, and Saray regions.