Criminal Defense Process in Istanbul Courts – Atty. Ozan Soylu

Navigating the criminal justice system in Istanbul requires understanding the procedural stages from initial investigation through final judgment. The Turkish criminal procedure follows a structured path designed to protect defendant rights while ensuring justice. Each phase carries specific requirements, deadlines, and opportunities for defense intervention.

Investigation Stage

Criminal proceedings typically begin when authorities learn of an alleged offense. The public prosecutor initiates and supervises the investigation phase, directing police activities and collecting evidence. This stage remains confidential, with suspects often unaware of ongoing investigations until summoned.

Police may conduct searches, seizures, and witness interviews during this phase. Suspects have the right to legal representation immediately upon detention. Your attorney can be present during interrogations and review collected evidence.

The prosecutor decides whether sufficient evidence exists to file formal charges. This decision must occur within a reasonable timeframe, though complex cases may extend the investigation period. Defense counsel can submit petitions requesting case dismissal if evidence proves insufficient.

Indictment and Court Assignment

When the prosecutor files an indictment, the case moves to court. The bill of indictment must clearly state the charges, applicable laws, and evidence supporting the accusations. Defense attorneys receive copies to prepare their strategy.

Cases are assigned to courts based on offense severity. Heavy penal courts handle serious crimes, while criminal courts of first instance address lesser offenses. Istanbul’s multiple court locations mean your case may be heard in various districts depending on where the alleged crime occurred.

First Hearing

The initial court session establishes the framework for proceedings. Judges verify defendant identity, read charges, and ask if you understand the accusations. Your right to remain silent is explained, though exercising this right cannot be used against you.

Defense counsel may challenge procedural irregularities at this stage. Requests for release, changes to restrictive measures, or additional time to prepare defenses are commonly made. The court sets the schedule for subsequent hearings.

Evidence Collection Phase

Turkish courts actively participate in gathering evidence rather than relying solely on parties. Judges order witness testimony, expert reports, and document production as needed. Both prosecution and defense can request specific evidence or witnesses.

Expert witnesses play crucial roles in technical cases. Forensic reports, medical evaluations, and financial analyses often prove decisive. Defense attorneys can challenge expert credentials or request independent examinations.

Cross-examination occurs during hearings, with both sides questioning witnesses. Your attorney works to highlight inconsistencies, challenge reliability, and present alternative interpretations of evidence.

Defense Presentation

After reviewing prosecution evidence, the defense presents its case. This includes favorable witnesses, documentary evidence, and legal arguments challenging the charges. Alibi evidence, character witnesses, and alternative explanations for events are introduced.

Your attorney may file written defense briefs explaining legal theories and citing relevant precedents. These submissions help courts understand complex legal issues and evaluate evidence through defense perspectives.

Closing Arguments

Both sides present final arguments summarizing their positions. Prosecutors explain why evidence proves guilt beyond reasonable doubt. Defense counsel highlights weaknesses in the case, reasonable doubt factors, and mitigating circumstances.

This stage allows passionate advocacy without introducing new evidence. Attorneys craft persuasive narratives explaining why their interpretation of facts should prevail.

Judgment and Sentencing

Courts announce verdicts after deliberation. Acquittal ends the case, while conviction leads to sentencing. Judges must explain their reasoning in written decisions, addressing evidence evaluation and legal conclusions.

Sentences consider offense severity, defendant history, and mitigating or aggravating factors. Courts may suspend sentences, order probation, or impose immediate imprisonment depending on circumstances.

Post-Judgment Options

Convicted defendants can appeal to higher courts. Appeals challenge legal errors, procedural violations, or improper evidence evaluation. The appeals process follows its own timeline and procedures.

Understanding each procedural stage helps defendants make informed decisions and exercise their rights effectively. Competent legal representation throughout ensures no opportunities are missed.

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Work With Experienced Legal Counsel

Soylu Law guides clients through every stage of criminal proceedings in Istanbul courts.

Our firm represents defendants from initial investigation through appeals, ensuring procedural rights are protected at each step. We handle communication with prosecutors and courts while keeping clients informed.

We regularly assist international clients navigating Turkey’s legal system and manage translation requirements for foreign-language documents. Our team coordinates with overseas counsel when cases involve cross-border elements.

For more assistance or consultation on this matter, you can contact us.