Arrest warrants can be issued during an investigation or a prosecution process in Turkey.  According to the Turkish Criminal Law, arrest warrants can be demanded by only prosecutors and issued by Sulh Ceza Courts (the Court of the Peace). In other words, Sulh Ceza Courts have the unique authority to issue arrest warrants during the investigation process in Turkey. However, other criminal courts can also issue arrest warrants after a criminal case is opened. Prosecutors can issue orders of detention, however, they do not have the right to issue arrest warrants.

Grounds for Arrest Warrant

The grounds for arrest warrant are stipulated in the article 100 of the Turkish Code of Criminal Procedure. Sulh Ceza Courts can release an arrest warrant:

• If the suspect or the accused had fled or eluded or if there are specific facts that he or she is going to flee.
• If there are specific facts that the suspect or the accused is going to destroy, hide or change the evidence,
• If there are specific facts that the suspect or the accused is going to put unlawful pressure on witnesses or the victims.
• If there are strong suspicion that the crimes listed below in article 100.

An arrest warrant can be granted in case of the commitment of a crime listed in the article 100. In addition, theoretically, it is possible for a judge to issue an arrest warrant if the maximum penalty of a the crime is over 2 years. However, in practice, it can be said that arrest warrants are granted in case of serious crimes such as murder, rape, aggravated robbery, aggravated assault with deadly weapons, etc. In case of other less serious crimes arrest warrants

Jail Release

An arrested person can be released during the prosecution process or at the end of a criminal case as a part of the final verdict.  Therefore, hiring a criminal defense lawyer and working with an experienced defense attorney is the key point of a jail release.

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Hiring a criminal defense lawyer in Turkey is very critical, considering the fact that the Turkish Criminal Law and Criminal Procedure Law are highly complex legal fields in Turkey.  Another point is that a very limited number of lawyers are really specialized in Turkish Criminal Code. Therefore, it could be a major problem for whose who wish to hire an experienced criminal lawyer in Turkey.  And undoubtedly, it’s even more difficult for foreigners to hire a Turkish criminal defense lawyer.

English Speaking Criminal Lawyer

In Turkey, most of English speaking lawyers are corporate lawyers. However, as mentioned above, the number of criminal defense lawyers in Turkey is very limited. In addition to that fact, it can also be said that English speaking criminal lawyers are just a few, not only in Istanbul but all over Turkey. Because of this fact, finding an English speaking Turkish lawyer whose area of expertise is criminal law can be very challenging.

Criminal Law in Turkey

Turkey is one of the countries where the Roman (Civil) Law System is accepted. Therefore, the criminal law and the law of criminal procedure in Turkey are based on the inquisitorial system where judges are actively involved in investigating the facts. The criminal procedure in Turkey has two parts according to the Turkish Criminal Procedure Code. The first part is the investigation (pre-trial) process in which public prosecutors and the police (or the gendarmerie in rural areas) examine the facts to see whether a crime has been committed. After the gathering and examination of evidence, public prosecutors decide to open a criminal case or not.

Criminal Investigations and Cases

According to the Turkish Code of Criminal Procedure, a criminal case can be filed by only public prosecutors, not lawyers. Thus, the role of a criminal lawyer is to persuade prosecutors to open a criminal case by filing motions with adequate evidence.  At the end of the investigation process, if prosecutors gather persuasive evidence of any crime,  they prepare an indictment and present it to a criminal court to open a criminal case against suspects. The second part of a criminal procedure is the prosecution (trial) process which starts when a judge or a criminal court approves indictment. The second part of the criminal procedure basically consists of trials and as well as hearings. In this part, the role of a criminal defense lawyer is essential.

Criminal Defense Lawyer

If you have been under investigation or are accused of committing a crime, it is very critically important to find a criminal defense lawyer before the interview or interrogation in the police station or the prosecutor’s office. Working with a criminal lawyer makes all criminal procedures easier and less risky for suspects. Moreover, if the suspect is a foreigner and cannot speak Turkish, it will be more critical to work with an English speaking Turkish lawyer. If you are under investigation and if the police ask you to come for an interview or testimony, you should never talk to the police before you consult with a criminal defense lawyer. It’s always advised that people under suspicion should get legal assistance from an experienced criminal defense attorney in Turkey.

Turkish Criminal Lawyers

Alexander Patrick Solicitors has been providing legal advice, representation, and defense services for its clients from different countries for over 15 years. Please visit our contact page, if you need legal advice, professional representation, or defense from English speaking criminal defense lawyers in criminal law matters.

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