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Criminal Law

Unilaw Law Firm provides comprehensive, specialist legal advisory services in the field of criminal law, one of the areas in which individuals’ fundamental rights and freedoms are most vulnerable. Turkish criminal law is a legal system that addresses not only offences and penalties but also matters directly affecting individual security, the right to a fair trial, and the rule of law.

What Is Criminal Law?

The question “What is criminal law?” is one of the legal topics most frequently researched by individuals. Criminal law is the branch of law that determines which acts constitute crimes in a society and the criminal sanctions applicable to those acts. Proceedings in this field cover various stages and procedures, including police custody, arrest, prosecution investigations, the filing of criminal charges, trial proceedings, and appeals.

Scope of Criminal Law

Criminal law is a specialised area of law involving serious consequences that directly affect individuals’ liberty. At Unilaw Law Firm, we provide our clients with comprehensive legal support at every stage of criminal investigations and prosecutions, covering both the general provisions of criminal law and specific criminal offences. In these proceedings, we act in accordance with the Turkish Criminal Code, criminal procedure law, and international criminal law standards.

Our criminal litigation practice generally involves offences requiring complex legal assessments and careful consideration. In this regard, our services include:

  • Crimes against individuals: Proceedings involving offences against individuals must be conducted with careful consideration of the balance between victims’ rights and defendants’ right to a defence. Common examples include domestic violence, intentional homicide, negligent homicide, intentional bodily injury, and negligent bodily injury. Sexual offences, including sexual assault and sexual harassment, also involve serious allegations against defendants and potentially significant violations of victims’ rights.
  • Crimes against property: We provide legal assistance in investigations and prosecutions involving offences such as theft, aggravated theft, robbery, commonly referred to as gasp, fraud, including cyber fraud and title deed fraud, breach of trust, and damage to property.
  • Crimes against the public: These include embezzlement, bribery, abuse of office, tax evasion, forgery, smuggling, damage to public property, and insulting a public official. As with all criminal cases, the assessment of evidence and thorough knowledge of the applicable legislation play a critical role in these proceedings.
  • Offences affecting freedom of expression and public peace: We provide legal assistance in cases involving insult, threats, blackmail, incitement of the public to hatred and hostility, and perjury. Our aim is to protect the rights of suspects and defendants facing criminal charges, while also safeguarding victims against unlawful interference that exceeds the limits of freedom of expression.
  • Cybercrime and technology-related offences: These constitute one of the most dynamic areas of criminal law today. Proceedings involving cyberbullying, cyber fraud, and other offences committed through digital platforms require technical expertise and should be handled by lawyers with specialised knowledge in this field.
  • Other serious offences: We also manage complex cases involving offences that have a significant impact on public conscience, including torture, resisting a public officer, usury, and sexual offences, providing the necessary legal intervention throughout the proceedings.

What Is a Criminal Case? How Does the Process Work?

The question “What is a criminal case?” is a critical concern for many individuals involved in legal proceedings. A criminal case is a judicial process conducted before criminal courts following an investigation into an alleged offence, with the aim of determining the criminal liability of the suspect. At Unilaw, we carefully monitor our clients’ legal proceedings at every stage, from the investigation and prosecution phases through appellate remedies, including appeals to the regional courts of appeal and the Court of Cassation.

The questions “What is a penalty?” and “What does punishment mean?” have both legal and social dimensions. A penalty is a sanction imposed on an individual in response to conduct that disrupts public order. Ensuring that such sanctions are fair, proportionate, and in accordance with the law is a constitutional right.

The Importance of Working with a Criminal Defence Lawyer

Criminal proceedings require technical legal knowledge and experience. Attempting to manage the process without professional assistance may result in serious losses of rights. A criminal defence lawyer does more than represent a client in court; they also provide legal support in gathering evidence, ensuring the application of favourable legal provisions, and protecting the client’s right to a fair trial.

At Unilaw, we approach every criminal case:

  • In accordance with the fundamental principles of general criminal law;
  • In compliance with the provisions of the Criminal Procedure Code;
  • With an approach that respects constitutional rights.

Effective Criminal Defence with Unilaw

  • Experienced team: Specialist lawyers with experience in criminal courts and in-depth knowledge of the Turkish Criminal Code (TCK) and the Criminal Procedure Code (CMK).
  • Prompt legal intervention: Legal assistance in urgent situations, including police custody, arrest, and search procedures.
  • International perspective: Defence strategies aligned with international human rights standards.
  • Confidentiality and ethics: A professional approach based on confidentiality in every case.

Get Legal Support

If you require an experienced lawyer in connection with any criminal investigation, trial, or appeal proceedings, you can contact Unilaw’s criminal law attorneys today. We are here to help you protect your rights and navigate the legal process with confidence and effective legal representation.

Frequently Asked Questions

The offence of insult involves words, written statements, or conduct that attacks a person’s honour and dignity. Insults made through social media are also considered criminal offences under the Turkish Criminal Code (TCK), and the offender may face a judicial fine or imprisonment.

The offence of threat involves conduct intended to intimidate someone by threatening to cause them harm. Threats made through text messages, telephone calls, emails, or social media are also considered criminal offences. Upon a complaint, the Public Prosecutor’s Office may initiate an investigation.

Example: The offence of threat involves intimidating a person by threatening to cause serious harm to their life, physical or sexual integrity, or property, or to that of someone close to them. A threat may be made verbally, in writing, through gestures, or by any other means of communication. Therefore, threats made through messages also constitute a criminal offence. This includes written messages sent via SMS, WhatsApp, or social media platforms. The Public Prosecutor’s Office may initiate an investigation either upon a complaint or ex officio, without requiring a complaint.

Negligent bodily injury occurs when a person causes injury to another through carelessness or lack of due diligence. It is commonly encountered in traffic accidents. In cases of ordinary negligence, the penalty may range from three months to one year of imprisonment. The penalty may be higher in aggravated cases.

The offence of fraud involves causing a person’s assets to diminish through deceptive conduct. Fraud committed through information technology also falls within this category. Individuals who have been defrauded online may file a criminal complaint with the Public Prosecutor’s Office.

Example: The offence of fraud occurs when a person deceives another through fraudulent conduct and thereby obtains a benefit for themselves or a third party, to the detriment of the deceived person or someone else. Individuals who have been defrauded online should collect evidence to establish the fraud and submit a criminal complaint to the Office of the Chief Public Prosecutor together with the supporting evidence.

Blackmail involves using threats to force someone to act against their will. For example, demanding money by threatening to disclose private images constitutes this offence. The penalty for blackmail ranges from one to three years of imprisonment.

The offence of embezzlement can only be committed by public officials. Employees in the private sector are not held liable for embezzlement but may instead be charged with the offence of breach of trust. Embezzlement occurs when a public official appropriates public property for personal use.

Sexual harassment covers any conduct that causes a person to feel sexually harassed or disturbed. Unwanted sexual messages, images, or verbal statements may fall within the scope of this offence. Such conduct may result in imprisonment.

Sexual harassment involves unwelcome conduct of a sexual nature without physical contact. Sexual assault, on the other hand, involves physical contact with another person’s body. Sexual assault is a considerably more serious offence and carries a prison sentence starting from at least two years.

This offence involves causing another person’s death without intending to do so. Traffic accidents and workplace accidents may fall within this category. Depending on the severity of the incident, the penalty may range from two to fifteen years of imprisonment.

The Public Prosecutor’s Office may initiate proceedings ex officio for certain offences, while a formal complaint is required for others. For example, the complaint period for the offence of insult is six months. This period begins on the date the victim becomes aware of both the offence and the offender.

A prison sentence may be suspended if it is less than two years and the individual has not previously been convicted of an intentional offence. In addition, individuals may benefit from probation when the applicable legal requirements are met.

Victims of domestic violence may apply to the Public Prosecutor’s Office to request both criminal proceedings and protective measures. Measures such as restraining orders and prohibitions on contact may be imposed on the perpetrator. Law No. 6284 governs this process.

Cyberbullying includes conduct such as threats, insults, disclosure of private information, or harassment carried out through the internet or digital platforms. Victims may file a criminal complaint with the Office of the Chief Public Prosecutor, submitting supporting evidence such as screenshots.

A criminal defence lawyer represents both defendants and victims throughout criminal investigations and court proceedings. Working with an experienced lawyer during police custody, arrest, defence preparation, and trial proceedings is essential to preventing the loss of legal rights.

This offence involves opposing, resisting, or physically intervening against a law enforcement officer or public official while they are performing their duties. The penalty may increase if the public official sustains bodily injury.

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