Criminal law is one of the most sensitive branches of law, one that can profoundly affect the life of a person facing a criminal charge and in which personal liberty is directly at risk. A single phone call, a summons to give a statement, or a custody decision can change a person's entire life in an instant. In such a process, the first steps taken often determine the whole course of the case. As Av. Aydın, we provide holistic support to our clients at every stage of criminal proceedings, from the investigation stage to the prosecution stage, and from the review of pre-trial detention to appeals and cassation. Setting the process up correctly from the outset with an experienced Izmir criminal lawyer both prevents the loss of rights and ensures that the defence is presented in the strongest possible way.
The Services We Provide as a Criminal Lawyer
Criminal law is a broad field encompassing numerous special criminal statutes and procedural rules, foremost among them the Turkish Penal Code No. 5237 (Türk Ceza Kanunu, TCK). The service we provide in this field is not limited to defending defendants and suspects; the protection of the rights of the party harmed by the offence, through representation of the victim and complainant, is also within the scope of our practice. An Izmir criminal lawyer, whichever side of the case they are on, must have command of the procedural rules and be able to assess the evidence correctly. Our principal types of case and proceedings are as follows:
- High criminal court cases: Offences whose statutory penalty exceeds a certain level of severity (such as intentional homicide, aggravated robbery, aggravated fraud, drug trafficking and sexual assault) are heard before the high criminal courts. As the trial risk is high in these cases, building the defence meticulously from the outset is of great importance.
- Criminal court of first instance cases: The great majority of offences that do not fall within the jurisdiction of the high criminal court are heard before the criminal courts of first instance. Bodily injury, threats, insult, breach of trust and many property offences fall within this scope.
- Investigation stage, questioning and police custody: During the investigation stage that begins with the emergence of a criminal suspicion, giving a statement to the police or the public prosecutor, the custody process, and benefiting from the assistance of defence counsel at this stage are of critical importance. The most decisive moments of the process are often experienced at this initial stage.
- Pre-trial detention and challenges, judicial control: Challenging a detention order, requesting a review of pre-trial detention, and the steps taken to apply judicial control measures in place of detention are an important part of the defence.
- Narcotic and stimulant substance offences: The distinction between possession for personal use and possession for the purpose of trafficking makes a major difference in determining the penalty. In these cases, the nature, quantity and manner of obtaining the substance are assessed meticulously.
- Offences against property: Offences such as theft, robbery, fraud, breach of trust and criminal damage require a detailed assessment in terms of both their material elements and their aggravated forms.
- Intentional or negligent injury and homicide: Offences against bodily integrity and the right to life require the correct assessment of elements such as the existence of intent, the limits of self-defence and unjust provocation. Negligent injury and homicide arising from traffic accidents also fall within this scope.
- Offences against sexual inviolability: Offences such as sexual assault, sexual abuse and sexual harassment call for an extremely sensitive and careful approach, both in terms of protecting the victim and defending the defendant.
- Deprivation of a person's liberty: Charges relating to the unlawful restriction of a person's liberty are assessed under this heading.
- Threat, insult and blackmail: These offences, directed at the peace and dignity of individuals, must be conducted in accordance with procedure, both in exercising the right to complain and in terms of the defence.
- Cybercrime: Accessing an information system, blocking or disrupting a system, misuse of bank and credit cards, and acts of fraud and insult committed over the internet are an increasingly growing area of dispute.
- Offences by public officials: Offences such as embezzlement, extortion, bribery and misconduct in office carry serious sanctions directed at the reliability of public administration.
- Endangering traffic safety and driving under the influence: Driving under the influence of alcohol or drugs and endangering traffic safety may be subject to both criminal proceedings and administrative sanctions.
- Smuggling offences: Customs smuggling and smuggling offences relating to products such as tobacco and alcohol are subject to special statutory provisions and require a technical assessment.
- Enforcement law and the execution of the sentence: We also provide legal support on matters such as the execution of the sentence after the judgment becomes final, conditional release, probation and the deferral of enforcement.
In all of these types of case, an Izmir criminal lawyer may act both as defence counsel defending the defendant and suspect and as a representative protecting the rights of the victim and complainant harmed by the offence. As Av. Aydın, we believe that being able to assess a case from both of these perspectives provides an important advantage in seeing all the dynamics of the process.
The Stages of Criminal Proceedings
Criminal proceedings consist of certain stages regulated by the Turkish Code of Criminal Procedure No. 5271 (Ceza Muhakemesi Kanunu, CMK). A correct understanding of these stages is important for knowing which right should be exercised at which moment. The process is essentially divided into two main phases.
The Investigation Stage
The investigation begins when a criminal suspicion comes to light and is conducted under the direction of the public prosecutor, through the law enforcement authorities. At this stage, protective measures such as taking statements, police custody, search, seizure and, where necessary, detention may be applied. The investigation is conducted confidentially, and its aim is to clarify whether an offence has been committed and by whom. At the conclusion of the investigation, the prosecutor's office either draws up an indictment for the initiation of a public prosecution or, where insufficient evidence is found, issues a decision of non-prosecution. Working with an Izmir criminal lawyer at this stage ensures that proper preparation is made before giving a statement and that any procedural irregularities are challenged in good time.
The Prosecution Stage
The prosecution stage begins when the indictment is accepted by the court, and the file now turns into a criminal case. At this stage, hearings are held, witnesses are heard, evidence is discussed, and the defence on the merits is presented. At the conclusion of the trial, the court renders one of several decisions such as acquittal, conviction, deferral of the announcement of the verdict, a decision that there is no need to impose a penalty, or dismissal. The prosecution phase is the most critical period, in which the defence is presented in an integrated manner, supported by evidence.
Your Rights During Police Custody and Questioning
The moment at which a person is most vulnerable in the criminal process is often the police custody and questioning stage. For this reason, knowing the rights held during this process is of great importance. The Code of Criminal Procedure and the Constitution grant the suspect significant safeguards:
- The right to learn the nature of the offence charged,
- The right to remain silent, that is, not to make self-incriminating statements,
- The right to benefit from the legal assistance of defence counsel and to confer with counsel,
- The right to have a relative notified of the arrest,
- The right to request that evidence in one's favour be collected.
The right to remain silent is one of the most fundamental safeguards recognised by our law, and exercising this right cannot be interpreted against the person. A statement given by many people without knowledge, unprepared and without a lawyer, may lead to consequences that are difficult to remedy at later stages of the case. As Av. Aydın, we advise our clients to be sure to confer with an Izmir criminal lawyer before giving a statement and to make their statement in the presence of defence counsel. We would like to emphasise that benefiting from the assistance of counsel is not an indication of guilt but a constitutional right.
Pre-Trial Detention and Judicial Control
Detention is the most severe protective measure, in which the liberty of a person against whom there is not yet a final conviction is temporarily restricted. For this reason, detention is a measure to be resorted to only where the conditions laid down by law exist and as a last resort. For detention, in addition to strong suspicion of an offence, the existence of a ground for detention such as the risk of flight or of tampering with evidence is required.
The principle of proportionality is essential in detention: if a lighter measure such as judicial control achieves the same purpose, it is expected that this measure will be resorted to rather than depriving the person of their liberty.
A challenge may be brought against a detention order, and pre-trial detention must be reviewed at regular intervals. Among the judicial control measures that may be applied in place of detention are options such as a ban on leaving the country, signing in at regular intervals, not leaving one's residence, or depositing a security amount. An Izmir criminal lawyer can conduct an effective defence for the transition to a judicial control measure by preparing the objection to detention with strong grounds and by highlighting the favourable factors in the file.
Mediation and Effective Remorse
Criminal law allows not only for punishment but, in certain circumstances, also for the restorative resolution of the dispute. A correct understanding of these institutions can lead to important consequences for both the victim and the offender.
Mediation is an institution that enables the victim and the suspect or defendant to reach an agreement, through a mediator, in respect of certain offences enumerated in the law. A significant portion of offences subject to complaint, together with certain offences specifically designated in the law, fall within the scope of mediation. Where mediation is achieved, the investigation or the case may be dismissed. Effective remorse, on the other hand, is a provision that allows for a reduction of the penalty or the lifting of the penalty where the offender, after committing the offence, shows remorse by remedying the harm or contributing to the investigation. The offences to which the provisions on effective remorse may be applied are separately specified in the law. Whether these institutions can be benefited from is a technical matter that must be assessed according to the particular features of the case and examined meticulously by an Izmir criminal lawyer.
Izmir Criminal Lawyer Fees
The criminal lawyer's fee is one of the first matters most people wonder about at the start of the process. The most important factor determining the fee is the type, scope and anticipated workload of the case. There is a significant difference, in terms of the effort and expertise required, between accompanying a person to give a statement during the investigation stage and conducting a high criminal court case that may last for years. The table below has been prepared to provide a general framework regarding fees; it is intended to show the reasoning and factors, not exact figures.
| Type of Proceeding / Case |
Principal Factors Affecting the Fee |
| Defence counsel at the investigation stage (statement, police custody) |
The urgency of the matter, the duration of custody, the volume of the file and the nature of the offence |
| Representation / defence in a criminal court of first instance case |
The number of hearings, the density of witnesses and evidence, and the duration of the trial |
| Representation / defence in a high criminal court case |
The gravity of the offence, the complexity of the file, and the anticipated workload and duration |
| Objection to detention, requests for judicial control |
The urgent nature of the matter and the current state of the file |
| Appeal and cassation application |
The examination of the reasoned decision and the scope of the legal brief preparation |
| Legal consultancy / preliminary meeting |
The scope of the issue and the examination it requires |
Under no circumstances may attorney fees be set below the Minimum Attorney Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations. This tariff safeguards the minimum value of the legal service and constitutes the lower limit of the fee. The fee to be set above the tariff is freely agreed according to the particular features of the case, the effort to be expended and the requirement for expertise. As Av. Aydın, after assessing your case at the preliminary meeting and clarifying the scope, we provide transparent fee information; it would not be a sound approach to commit to a definite figure without examining the specific file.
It is also worth drawing attention to a distinction that is frequently confused here. The attorney fee paid to the lawyer is the consideration for the legal service and is based on the contract between the client and the lawyer. By contrast, litigation costs are items paid to the state or to third parties during the litigation process, such as court fees, expert witness fees, witness and site-inspection costs, and postal and service expenses. These two items are independent of each other. In addition, depending on the outcome of the case, the counterparty attorney fee that the court may impose on the opposing party may also come into play; this fee is a concept distinct from the fee under the contract with the lawyer. When working with an Izmir criminal lawyer, discussing these items clearly from the outset prevents surprise costs and makes the process predictable.
Who Is the Best Criminal Lawyer in Izmir?
One of the most searched questions on the internet is "who is the best criminal lawyer in Izmir". To put it honestly, there is no single "best" lawyer valid for every case. The correct expression is not the "best" lawyer, but the lawyer most suited to the case. This is because every criminal case has its own particular circumstances, type of offence, state of evidence and risks. A lawyer who is highly experienced in one area may not display the same expertise in a case of an entirely different nature. For this reason, rather than searching for the "best", it is far healthier to focus on finding the lawyer suited to the requirements of your case.
Some criteria that may be considered when choosing a good criminal lawyer are as follows:
- Experience and area of expertise: The lawyer's accumulated experience in the field of criminal law and in matters close to the type of offence in your case is important.
- Command of the file: A good lawyer becomes thoroughly familiar with the details of the file; they assess the evidence, procedural rules and case law correctly.
- Communication and transparency: Working with a lawyer who explains the process in an understandable manner, presents a realistic picture and does not make exaggerated promises inspires confidence.
- Accessibility: Being able to reach the lawyer in good time, especially in urgent situations such as police custody, is of critical importance.
- Commitment to professional ethics: A lawyer who makes an honest and realistic assessment should be preferred, rather than one who gives guarantees such as "we will definitely win the case".
It should be understood that no lawyer can guarantee the outcome in advance in criminal proceedings, because the decision depends on the evidence and the discretion of the court. When choosing an Izmir criminal lawyer, preferring a lawyer who assesses your case honestly and clearly explains the possible scenarios, rather than one who promises you a definite outcome, will be in your interest in the long run. As Av. Aydın, our approach is to avoid exaggerated promises and to build the strongest defence together by presenting our client with a true picture.
The Role and Importance of the Criminal Lawyer
Criminal proceedings are a field in which a balance is struck between the state's power to punish and the individual's fundamental rights and freedoms. In this balance, the person who stands alongside the individual, protects their rights and places their defence on a legal footing is the lawyer. The role of a criminal lawyer is not confined to speaking at the hearing; examining the file from beginning to end, assessing the evidence, highlighting the points in favour, identifying procedural irregularities and building the defence strategy are also inseparable parts of this role.
On the victim and complainant side, the lawyer ensures the protection of the rights of the person harmed by the offence, the correct introduction of evidence into the file, and the effective monitoring of the process. On both sides, the presence of the lawyer contributes to the fair conduct of the proceedings. Particularly in criminal cases where personal liberty is at stake, conducting the process from the outset with an Izmir criminal lawyer prevents losses of rights that are difficult to remedy.
Our Approach as Av. Aydın
Criminal law is a technical and sensitive field in which substantive criminal law and procedural law are intertwined. Every case, with its own particular circumstances, the offence charged, the state of evidence and its risks, requires a different legal strategy. As Av. Aydın, we first assess the case in a holistic manner, examine the favourable and unfavourable factors in detail, and endeavour to prevent possible losses of rights from the very beginning of the process.
We provide support to our clients in Izmir and the surrounding area at every stage, from statement preparation at the investigation stage to effective representation in high criminal court cases, and from objection to detention through to the appeal and cassation stages. Our aim is not merely to attend hearings; it is to plan all stages of the case in a predictable manner and to place the defence on the strongest footing. The most frequently encountered losses of rights in criminal cases arise from failing to object within the time limit, statements given unprepared, the incorrect assessment of evidence, and the failure to raise procedural irregularities in good time.
Facing a criminal charge is one of the most difficult periods in a person's life. Having an experienced legal advisor at your side during this process both protects your rights and ensures that the process proceeds in a more predictable and less exhausting manner. For any question relating to criminal law, whether you are a suspect or defendant or a victim or complainant, you can get in touch with our office.
