Practice Area
Criminal Law
Criminal law is a sensitive area of law that directly concerns individual liberty, the right to a fair trial, and the right of defence. As Günser + Partners, we provide legal support to suspects, accused persons, complainants, victims, and aggrieved parties during the investigation and prosecution stages of criminal proceedings.
Scope of Services
In our work in this area, the Turkish Penal Code No. 5237, the Code of Criminal Procedure No. 5271, and the provisions of the relevant legislation are taken into account. In criminal proceedings, each file is addressed by jointly assessing the nature of the act attributed, the state of the evidence, the procedural acts, and the legal position of the client.
Within the scope of criminal law, we provide defence counsel services for suspects from the investigation stage onwards. Being present during the taking of statements and interrogation, examining the investigation file, conducting a legal assessment of the charge attributed, and establishing the basic framework of the defence are important stages of this process.
At the prosecution stage, the legal acts necessary for assessing the indictment, examining the evidence, preparing defence pleadings, attending hearings, and ensuring the effective exercise of the client's right of defence are carried out. Throughout this process, the procedural safeguards prescribed by the Code of Criminal Procedure, the lawfulness of the evidence, and the fair conduct of the proceedings are carefully monitored.
For persons participating in the process in the capacity of an aggrieved party, complainant, or victim, services such as filing complaints, submitting evidence, requests to join the case, monitoring hearings, and representation of the intervening party are provided. In this context, the aim is to protect the rights of the victim and to ensure effective representation throughout the proceedings.
Processes relating to protective measures such as arrest, judicial control, apprehension, search, seizure, and interception of communications are also within our criminal law practice area. In such measures, proportionality, lawfulness, and compliance with the prescribed time limits are additionally assessed.
Frequently Encountered Disputes
Among the most frequently encountered matters in criminal proceedings are the taking of statements and interrogation, objections to decisions on arrest and judicial control, the review of detention, objections to decisions of non-prosecution, and the assessment of the indictment.
In protective measures such as arrest and judicial control, whether the conditions for the measure are met, whether it is proportionate, whether a strong suspicion of crime exists, and the state of the evidence in the file are examined together. In these processes, it is important to make applications within the prescribed time limits and to set out the legal grounds on the basis of the specific file.
Whether the evidence has been obtained lawfully during the investigation and prosecution stages, the quality of witness statements, camera recordings, expert witness reports, communication records, law enforcement minutes, and the value of other evidence within the file are also assessed. In criminal proceedings, the assessment of evidence plays an important role in determining the defence strategy.
Following court decisions, the possibilities of recourse to the legal remedies of appeal and appeal to the Court of Cassation are also addressed according to the nature of the file. The reasoning of the judgment, the manner in which the evidence was assessed, procedural deficiencies, and the criminal law provisions to be applied are examined in detail at this stage.
How the Process Works
The criminal law process begins primarily with the examination of the investigation or prosecution file, the act attributed, and the available evidence. At this stage, the client's capacity in the file, their legal position, the scope of the charge, and the possible defence or representation course to be followed are assessed.
At the investigation stage, participation in the taking of statements and interrogation is ensured, the scope of the file is examined, the collection of evidence deemed necessary is requested, and the necessary applications are made with regard to procedurally unlawful acts. In files involving a measure of detention or judicial control, requests for objection and release are assessed according to the specific circumstances of the file.
At the prosecution stage, hearings are monitored, the defence and statements are submitted to the court, and witness accounts, expert witness reports, and other evidence are assessed. Throughout the proceedings, care is taken to ensure the effective exercise of the client's right of defence and the preservation of procedural safeguards.
After the decision, the possibilities of recourse to appeal, appeal to the Court of Cassation, or other legal remedies are assessed. At each stage, the client is regularly informed about the status of the process, the potential risks, and the legal avenues that may be pursued.
In criminal law files, the aim is to conduct the proceedings with a careful, lawful, and effective understanding of defence, and to protect the client's rights from the first stage of the investigation until the decision becomes final.
Other Practice Areas
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