Konak Criminal Lawyer

Konak is the historic, administrative and economic core of Izmir; it is a crowded central district on the eastern-southern shore of the bay bearing the traces of roughly 2,400 years of continuous settlement. The Kemeraltı bazaar, Konak Square, the Alsancak Port and the dense urban life form a lively social fabric in which large numbers of people are together within a narrow area.

This dense and urban structure also causes matters concerning criminal law to be among the subjects frequently encountered in daily life. Criminal files attached to Konak are, as a rule, heard within the assize and criminal courts of first instance under the Izmir Courthouse. The functioning of criminal proceedings, together with the investigation and prosecution stages, the rights of the suspect and defendant, the regime of detention and the legal remedies, forms a technical whole. Since every event has its own particular circumstances, what is set out here is of a general informational nature.

The Stages of Criminal Proceedings

Criminal proceedings function fundamentally in two stages: investigation and prosecution. The investigation is the stage conducted by the public prosecutor's office upon learning of a suspicion of an offence; prosecution, on the other hand, begins before the court with the acceptance of the indictment. This distinction directly determines which rights will be exercised and when.

The Investigation Stage and the Public Prosecutor's Office

At the investigation stage, the gathering of evidence, the taking of statements and, where necessary, protective measures such as search and seizure are conducted under the direction of the public prosecutor. Law enforcement acts on the prosecutor's instructions. In a crowded district such as Konak, law enforcement and prosecution proceedings are intense; the observance of the suspect's rights from the very outset of this stage can affect the subsequent stages.

The Prosecution Stage and the Indictment

If sufficient suspicion is reached at the end of the investigation, the prosecutor's office draws up an indictment. With the court's acceptance of the indictment, the prosecution stage begins and the file is now heard before the court. Since the act, the evidence and the referral articles set out in the indictment define the framework of the defence, examining this document carefully carries importance.

The Decision of Non-Prosecution

If sufficient evidence is not found at the end of the investigation, the prosecutor's office may decide that there are no grounds for prosecution. An objection to this decision may be lodged before the criminal judgeship of the peace within the period prescribed by law. Following the reasoning of decisions and the objection periods is decisive in terms of preventing a loss of rights.

The nature of the evidence gathered at the investigation stage may affect all subsequent stages. For this reason, the suspect acting with defence counsel from the outset can help in the timely planning of favourable evidence and the defence to be submitted to the prosecutor's office. This link between the stages requires the process to be followed with a holistic approach.

The Rights of the Suspect and the Defendant

The rights granted to the suspect and the defendant in criminal proceedings are the fundamental safeguards of a fair trial. These rights rest on the principle that no definite judgment has yet been formed regarding the person and that the presumption of innocence is valid. Knowing these rights from the outset carries importance for the effectiveness of the defence.

The Right to Remain Silent and Not to Incriminate Oneself

The suspect and the defendant have the right not to make a statement in relation to the charge against them, that is, the right to remain silent. Silence cannot be interpreted against them. A person may exercise this right during the statement and interrogation, or may choose to answer only certain questions. The conscious exercise of this right is part of the defence strategy.

Benefiting from the Assistance of Defence Counsel

Every suspect and defendant has the right to benefit from the legal assistance of defence counsel from the beginning of the investigation. A person who is not in a position to select defence counsel and who requests one is assigned counsel by the bar association. In certain circumstances prescribed by law, the assignment of defence counsel is mandatory.

The Right to Be Informed and to an Interpreter

The person is informed, in a manner they can understand, of the offence attributed to them and of their rights. A person who does not know Turkish or who has a hearing or speech impairment benefits from the assistance of a free interpreter. Owing to the Alsancak Port and the dense commerce, the right to an interpreter may take on separate importance in files in Konak where foreign nationals are a party.

The Role of Defence Counsel (Criminal Lawyer)

The criminal lawyer, in the capacity of defence counsel representing the defence, ensures the protection of the rights of the suspect or defendant at every stage. The role of defence counsel is not limited to the courtroom alone; it involves the pursuit of an integrated process extending from the very first moment of the investigation to the legal remedies.

Legal Support during Statement and Interrogation

By being present during statement and interrogation proceedings, defence counsel contributes to preventing procedural irregularities. They remind the suspect of their rights and exercise the right to object to evidence obtained through unlawful methods. The stance taken at this stage may affect the subsequent phases of the file.

File Examination and Evaluation of Evidence

Defence counsel may, as a rule, examine the investigation file and take copies of documents; the exceptional circumstances in which the law imposes a limitation are reserved. Evaluating the lawfulness of the evidence in the file, presenting favourable evidence and structuring the defence accordingly are among the fundamental functions of defence counsel.

Communication and Follow-up of the Process in Konak

The central location of the Izmir Courthouse requires that the defence in files attached to Konak and its surroundings be conducted in close contact with the process. Regularly following hearing dates, service of notices and decisions with running time limits helps the defence proceed without a loss of rights.

Custody and Detention

Custody and detention are protective measures that restrict personal liberty and are regulated in detail in the Code of Criminal Procedure. These measures are not a punishment but temporary precautions intended to secure the proceedings; for this reason they are subject to the principle of proportionality.

The Duration and Conditions of Custody

Custody is the detention of an apprehended person for a certain period by decision of the prosecutor's office. The law sets an upper limit on the duration of custody; special regulations exist concerning this duration in collective offences and in certain circumstances. Notifying a relative of the person taken into custody and having them undergo a health check are among the legal safeguards.

Detention and Proportionality

Detention may be applied only by decision of a judge in circumstances where strong suspicion of an offence and a ground for detention (such as a risk of flight or the danger of tampering with evidence) exist together. Detention is an exception; it should not be resorted to where it is disproportionate to the importance of the matter and the expected penalty, or where judicial control is sufficient.

Judicial Control and Objection to Detention

Instead of detention, judicial control measures such as a ban on leaving the country, an obligation to sign or a security may be applied. Detention and judicial control decisions may be objected to within the period prescribed by law. The continuation of detention is also reviewed at certain intervals; a request for release may be made during these reviews.

Statement and Interrogation

Statement and interrogation are the proceedings in which the account of the person in relation to the criminal charge is taken. A statement is taken before law enforcement or the prosecutor's office, whereas interrogation is conducted before a judge or the court. In both proceedings, the person is reminded of their rights, and it is essential that the account be given of free will.

The Procedure for Taking a Statement and Prohibited Methods

During statement and interrogation, ill-treatment, torture, wearing down, deception or methods that affect the will are strictly prohibited. Accounts obtained through such prohibited methods cannot be used as evidence even if the person consents. This safeguard is one of the cornerstones of the right to a fair trial.

Accounts Given in the Presence of Defence Counsel

The person has the right to have defence counsel present during statement and interrogation. In practice, consulting defence counsel and assessing the rights before giving an account can be beneficial. The procedural compliance of accounts taken in the presence of defence counsel can be reviewed more robustly.

The Statement Record and the Value of the Account

What is said during statement and interrogation is entered into a record; the reading of the record and the person's verification of its accuracy carry importance. It is possible for an account given at the investigation stage to be reassessed at the prosecution stage. For this reason, the scope and content of the account must be constructed in a manner fully consistent with the defence.

The Scope of Duty of the Assize Court

Assize courts are tasked with hearing offences of the gravity prescribed by law. Their scope of duty is, as a rule, determined according to the type and upper limit of the penalty prescribed for the offence. In files attached to Konak, assize proceedings are conducted within the Izmir Assize Courts.

The Izmir Assize Courts

Since Konak is Izmir's central district, files falling within the scope of assize duty are heard at the Izmir Assize Courts. These courts hear grave offences such as intentional killing, aggravated robbery and aggravated fraud, together with other offences left to the assize court's duty by law.

The Panel Structure and the Trial

The assize courts conduct the trial as a panel consisting of a presiding judge and two members. Due to the scope of the trial and the gravity of the possible sanctions, it carries importance that the defence in these files be conducted meticulously in terms of the assessment of evidence and procedural supervision.

Mandatory Defence Counsel and the Order of the Hearing

In certain offences falling within assize scope, if the defendant has no defence counsel, the assignment of defence counsel by the bar association is mandatory. Hearings are, as a rule, conducted within the principle of publicity; however, a decision for a closed trial may be given in circumstances prescribed by law. In these files, proceedings such as the hearing of witnesses, the examination by an expert and the on-site examination determine the course of the trial.

The Scope of the Criminal Court of First Instance

Criminal courts of first instance are tasked with hearing offences falling outside the duty of the assize court. In practice, an important portion of criminal files are heard at these courts. Such files attached to Konak are also conducted within the criminal courts of first instance under the Izmir Courthouse.

Offences Frequently Seen at the Criminal Court of First Instance

Simple bodily harm, insult, threat, breach of trust and many offences against property mostly fall within the scope of duty of the criminal court of first instance. Some criminal files arising from disputes emerging in dense commercial areas such as Kemeraltı may also be assessed within this scope.

The Function of the Criminal Judgeship of the Peace

Criminal judgeships of the peace, as a rule, decide on the protective measures of the investigation stage (such as detention, search and seizure) together with objections directed against them; they do not conduct trials. Knowing this distinction carries importance for correctly determining which authority to apply to.

Representation of Victims and Complainants

In criminal proceedings, not only the suspect and the defendant have rights but also the victim and complainant who have suffered from the offence. A criminal lawyer may undertake the follow-up of the rights of the aggrieved party in the capacity of victim or complainant's representative.

Complaint and Presentation of Evidence

The victim may exercise the right to complaint, present evidence to the investigation and request to join the case (become a joined party) at the prosecution stage. With the acceptance of the joinder request, the complainant becomes involved more effectively in the course of the trial.

The Follow-up of Victims' Rights in Konak

In events that may arise in Konak, such as fraud, theft or bodily harm, it carries importance for the aggrieved party not to miss the complaint period and to submit their evidence in a timely manner. The follow-up of the process through a representative can contribute to the protection of the procedural rights of the victim.

Mediation

Mediation is an institution regulated in Articles 253 and 254 of the Code of Criminal Procedure, which enables the suspect/defendant and the victim to reach an agreement through a mediator in certain offences. In offences falling within its scope, mediation is a stage that must be pursued before a case is filed or during the prosecution.

Offences within the Scope of Mediation

Mediation is, as a rule, applied to offences whose investigation and prosecution are subject to complaint, together with certain other offences separately enumerated in law. Offences such as the simple forms of intentional bodily harm, threat and damage to property are frequently seen within the scope of mediation in practice. In offences left outside the scope, the path of mediation cannot be resorted to.

The Process and Outcomes of Mediation

If the offer of mediation is accepted, the mediator meets with the parties, and if agreement is reached, a mediation report is drawn up. If reconciliation is achieved and the undertaking is fulfilled, the outcome may be that the investigation or the case is dismissed. If reconciliation is not achieved, the process continues according to the general provisions.

HAGB, Suspension and Alternative Sanctions

In criminal proceedings, there are various institutions that soften the manner of application of the penalty even in the event of conviction. These institutions depend on the existence of the conditions prescribed by law and generally on the acceptance of the defendant.

The Deferral of the Announcement of the Judgment (HAGB)

The deferral of the announcement of the judgment is regulated in Article 231 of the Code of Criminal Procedure. For penalties below a certain limit, if the legal conditions exist and the defendant accepts, the judgment is not announced and the defendant is placed under a supervision period. If the supervision period passes without an intentional offence being committed, the case is dismissed; if the conditions are not complied with, the judgment is announced.

The Suspension of the Sentence

Suspension is the conditional waiver of the enforcement of the imposed prison sentence under certain conditions. If the penalty limit prescribed by law and the other conditions are present, the court may decide to suspend the sentence, setting a supervision period. If the supervision period passes with good conduct, the sentence is deemed to have been enforced.

Judicial Fine and Alternative Sanctions

Short-term prison sentences may, if the conditions exist, be converted into a judicial fine or into alternative sanctions enumerated in law (such as being banned from performing a certain occupation or being made to work in a public benefit task). Which institution can be applied to the concrete case is assessed according to the type of penalty and the situation of the defendant.

Appeal and Cassation

The decision of the court of first instance may be challenged through the legal remedies within the periods and conditions prescribed by law. The ordinary legal remedies in criminal proceedings are appeal on the merits and appeal on points of law; these remedies enable the review of the lawfulness of the decision.

The Appeal Application and the Izmir BAM

Appeal on the merits is the legal remedy that enables the first-instance decision to be re-examined both on the facts and on the law. Appeal applications against criminal decisions rendered by Izmir courthouses are examined by the criminal chambers of the Izmir Regional Court of Justice (BAM). Making the application within the legal period is essential.

Cassation Review

Those decisions of the regional court of justice for which cassation is possible under law may be appealed on points of law before the Court of Cassation within the period. Cassation is, as a rule, a stage at which the lawfulness of the decision is reviewed. Because some decisions are final, not every decision may be open to cassation; this distinction must be observed.

Konak Courthouse and the Competent Courts

Since Konak is Izmir's central district, criminal files attached to the district are heard within the courts under the Izmir Courthouse. The Izmir Courthouse does not consist of a single building; it is spread across several service buildings in the border area between Konak and Bayraklı, and is also widely referred to as the central courthouse in the Bayraklı area.

In terms of criminal courts, jurisdiction is, as a rule, that of the court of the place where the offence was committed. In offences alleged to have been committed within the boundaries of Konak, the criminal courts under the Izmir Courthouse may have jurisdiction. Files falling within assize scope are heard at the Izmir Assize Courts, and others at the criminal courts of first instance.

Since changes may from time to time be made in the judicial organisation, it is appropriate to confirm the current jurisdiction and duty situation with the relevant courthouse or with the Izmir Bar Association. Correctly determining the duty-bound and competent authority helps the process proceed without unnecessary delay.

Criteria for Choosing a Good Criminal Lawyer

Rather than a search for the "best criminal lawyer," it is a sounder approach to focus on objective criteria when making a choice. No lawyer can guarantee an outcome such as an acquittal or release; criminal files are assessed according to the concrete state of evidence in each event. The following are the main criteria that may be taken into account when seeking legal support in Konak or across Izmir:

• Bar registration: It is a fundamental requirement that the lawyer be registered with the Izmir Bar Association and practise with a licence.
• Field of activity: It may be useful to consult a lawyer who deals regularly with criminal law files.
• Accessibility: Being able to establish rapid communication carries importance in matters with running time limits such as custody and detention.
• Realistic information: An approach that honestly conveys risks and probabilities, rather than one that promises a definite outcome, should be preferred.
• Transparency: An approach that clearly explains the stages of the process, the possible scenarios and the likely expenses inspires confidence.

These criteria may be guiding in finding legal support suitable for a person's own situation. You can assess Izmir-wide criminal law services from the Izmir criminal lawyer page, and the other legal areas in Konak from the Konak lawyer service page.

Konak Criminal Defence Fees

In criminal files, the lawyer's fee is determined within the framework of the Minimum Attorney Fee Tariff, which is updated each year. This tariff shows the lowest fee the lawyer may charge; the concrete fee, on the other hand, is freely agreed between the lawyer and the client according to the type, stage, scope and required effort of the work.

Defence counsel work at the investigation stage alone, and a lengthy prosecution heard at the assize court, or the joint follow-up of multiple files with a single criminal charge, require different effort and time from one another, and pricing changes accordingly. For this reason it is not possible to give a single, fixed figure for each file.

In addition, costs such as fees, expert, witness and service-of-process expenses that may arise during the trial process are items separate from the lawyer's fee. For a transparent working relationship, agreeing on the fee and expenses in writing from the outset is beneficial for both the client and the lawyer. You can review the relevant pages for the other service areas across Izmir.

The information here is for general informational purposes; it does not constitute legal advice. In criminal proceedings the outcome cannot be guaranteed; every file varies according to the concrete evidence and the characteristics of the incident. For definite information and an assessment specific to your file, it is recommended that you consult a lawyer. Contact: 0553 595 67 82 — Milli Kütüphane Cd. İ. Tepeköylü İş Merkezi No: 17/105, 35260 Konak/Izmir (available 24/7).