Migrant smuggling and human trafficking crimes are implemented in article 79 of the Turkish Penal Code. According to the Turkish Criminal Code,  migrant trafficking is defined as illegally transporting a foreign person into or out of the country or keeping them in the country for direct or indirect financial gain.  As can be seen from the definition,  migrant trafficking can be committed in one of two ways. First is by illegally transporting a foreign person into the country, and the second is keeping such an individual in the country. Therefore, the word ‘migration’ in the definition does not include legal migration status.

The most important component of migrant trafficking is material gain procured by the commitment of the crime. If there is no such material gain, aiding and abetting someone being transported into or out of the country will not constitute the crime. In a similar case, the Supreme Court made a verdict in 2014:“In the case at hand, the accused tried to transport his brother in law V and the brother of his friend M out of the country in his car and got caught at the border checkpoint in İpsala. There is not sufficient evidence beyond a reasonable doubt that the said accused perpetrated this act with the purpose of material gain. Therefore,  he will be acquitted of the said crime and the assigned court will be notified accordingly.  

Penalty for Migrant Smuggling

Regardless of how migrant smuggling is committed, it is punishable by a prison sentence from  3 years up to 8 years and a fine of up to 10,000 days. Even if migrant trafficking is not fully committed and is only attempted, the perpetrator will be punished to the full extent of the law. In case the victims of the crime who were illegally transported into or out of a country and forced to stay in a country where they may be in danger or subjected to humiliating treatment, the punishment will be increased by twofold or two-thirds of the punishment. Also, if migrant trafficking is committed as part of organized crime, the punishment will be doubled. As can be seen, if the migrant trafficking crime is proven, the court will issue a sentence of minimum 3 years in prison. In that case, the punishment will not be postponed, turned into fines or the announcement of the verdict will not be postponed. So, these perpetrators have to consult a professional specializing in this area, which constitutes a very serious crime.

Human Trafficking

According to Act 70 of the Turkish Penal Code, human trafficking involves forced labor, indentured servitude, prostitution, slavery, or intimidation, extortion, violence or threats in order to harvest organs, or abuse and misuse trust, influence or take advantage of and deceive people by way of preying upon their weaknesses or despair to smuggle people into or outside the country, kidnapping, transferring or harboring them. Although the crime resembles migrant trafficking in its definition, there is an important difference between them.

Penalty for Human Trafficking

Human trafficking is punishable by an 8 to 12-year prison sentence, and a fine calculated by 10,000 days.  As one might notice, human trafficking is a more serious crime than migrant smuggling; and its punishment is more severe. Even if the victim consents to the commitment of the crime, it still constitutes a crime in the eye of the law. Besides, if the victim is a minor, the perpetrator will be punished, just like in the crime of migrant trafficking, even if there has been no coercion, violence or deceit.

Attorney Orlando Atamer

The post Migrant Smuggling and Human Trafficking Crimes appeared first on Alexander Patrick Solicitors & Lawyers.

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.

The post Hiring Criminal Defense Lawyer in Turkey appeared first on Alexander Patrick Solicitors & Lawyers.