When you learn that you are a lawyer, the first question that usually comes to mind and is: Are you a criminal lawyer? Or it's heavy retribution Are you a lawyer? Despite the fact that there is no such specialty in our country, there is often such a distinction among the people. In this article we will answer the question of a criminal lawyer or criminal lawyer.
What is a Criminal Lawyer?
Although we say that in our country there is no branch of law called criminal or criminal defense lawyer, we usually cannot convince the other party. First of all, it is worth noting that in Turkey there is no specialization, separation or branching in the legal profession. When looking for a lawyer on the Internet, almost everyone tries to get to the best criminal lawyer by typing “criminal defense attorney” on the Internet, but it should be known that the titles opened under the name “criminal defense lawyer” or “criminal defense attorney” do not reflect the truth. Neither the legislation nor the legal literature defines a branch called criminal lawyer, criminal defense lawyer.It is unethical for even lawyers who are involved in CZA cases to advertise themselves as criminal lawyers. However, unfortunately, lawyers who conduct criminal cases among the population continue to be called criminal lawyers or criminal lawyers.
It can be seen that this term is used among lawyers involved in cases that fall under the jurisdiction of the ordinary criminal court, juvenile court, magistrate court. So in order for it to be more understandable and memorable in the article we are going to write, we will also use the term criminal lawyer as a concept.
The Role of the Criminal Lawyer in the Defense
In order to speak of a defense, it is necessary first of all to have a crime and the presence of a person who will prosecute it. At this point, the person who will defend the person facing criminal charges is the criminal lawyer. The main task of the criminal lawyer is to defend effectively and actively within the framework of the legislation. The defense phase serves as an important part of criminal proceedings, ensuring both the correct establishment of material fact and the right of defense of persons.
The function of a criminal lawyer begins in law enforcement and continues during the court, which we call the prosecution phase. It is even a long-term path that continues in the court of appeal and cases in the İstinaf and the Supreme Court. The indictment related to the crime committed by the prosecutor's office is issued and submitted to the court. The indictment issued by the prosecutor's office to the court begins if there are no shortcomings when accepted by the court. The criminal lawyer, with the effective defense he will make in the trial process, discusses the framework of the indictment and explains to the court what he is objecting to along with the grounds.
The criminal lawyer must pay extreme attention to the nature of the crime when defending. Otherwise, there may be consequences against the person to whom he undertakes to defend. Because when defending, even the defenses made can go to waste if the person he is defending does not correctly determine what crime he is being tried for.
Criminal Lawyer According to the Subjects of the Serious Criminal Case
Felony of Intentional Manslaughter
The crime of intentional manslaughter is one of the felony offenses according to our criminal codes as of the nature of the crime, and one that is carried out by a felony lawyer because the amount of the penalty is excessive. The criminal lawyer must make an effective defense in murder crimes by investigating caste, taxidermy, wrongful incitement, self-defense, and other cases. In cases of incitement, the reduction should ensure that the perpetrator does not receive punishment in cases of self-defense. It must also investigate whether the committed murder will fall into its qualified state and help the court and the decision-making authority at this point. In addition, if the death did not occur in the crime of intentional homicide, the offense of attempted intentional homicide will be carried out.
Drug Trafficking and Manufacture Crime
The crime of drug trafficking is one of the most common types of serious criminal offenses in our country during the time period in our country. Usually it is a type of case in which the perpetrators are tried as prisoners. The duty of a criminal defense lawyer is primarily to ensure that the perpetrator is tried without arrest and must represent the perpetrator well before the court.
Sexual Misconduct Crime
The crime of sexual abuse of a child, like other serious criminal offenses, is one of the crimes that can be heard in severe criminal courts and has a high penalty. The crime of sexual abuse against a child and the crime of sexual assault are different and are often confused. In our criminal codes, both types of crimes are regulated separately.
Sexual Assault Crime
Sexual assault crimes are also crimes committed against adults, i.e. individuals who are 18 years of age under the law, and are crimes that are tried in a serious criminal court.
Qualified Fraud Offense
The crime of qualified fraud is one of the property crimes that can be committed in many different ways. Especially today, with the development of technology, different types of fraud have also emerged. Another aspect to pay attention to in qualified fraud crimes is the identification of the area of expertise. So, for example, if gold is sold as gold by adding different substances to it, the existence of a report from an expert expert is extremely important. If the crime of qualified fraud is committed for the purpose of collection based on a legal relationship, the penalty reduction is applied to the perpetrator (TCK Article 159). The defense lawyer must ensure that the evidence is presented in this aspect if there is a possibility that this clause will be applied to the perpetrator. Fraud is divided between itself as simple and qualified, and the qualified state is seen as simple in severe punishment and in the ordinary criminal court. The criminal lawyer must also pay close attention to this aspect when defending the crime of fraud.
Finally, the crime of qualified fraud is one of the economic crimes for which the penalty is reduced when the damage caused by the crime is eliminated. The criminal lawyer will have a reduction in the penalty if the damage caused by the crime is eliminated, that is, if he recovers the damage of the client or participant. He must also check whether the rate of deduction of the penalty made is determined in accordance with the law.
Criminal Lawyer in the Crime of Plunder
The crime of plunder is one of the most serious crimes, targeting both the freedom of the person and the values of his property. When examining the file of the crime of robbery, the criminal lawyer should pay attention to whether the nature of the crime is correctly determined. Because in practice, the crime of looting and theft are often confused. Each incident is evaluated in its own right and the criminal lawyer must correctly classify whether the act in question is a crime of plunder or theft.
If the crime of looting is committed for the purpose of collecting a debt based on a legal relationship, the offender may be deducted from the penalty. The criminal lawyer should also thoroughly examine whether this crime was committed for the purpose of collecting the receipt. There is also a reduction in the penalty if the damage caused by the commission of the crime is covered.
Due to the fact that Istanbul is a crowded city in terms of population, the crime of looting is often carried out in this province. In this regard, the work of Istanbul Heavy criminal lawyers is more complicated in this aspect.
Crime of migrant smuggling
The crime of migrant smuggling is usually committed in areas where there is a concentration of refugees near the border.
Crime of Embezzlement
The crime of embezzlement consists in the embezzlement of the property that is handed over to him or her by virtue of the duty of a public official by virtue of the legal definition of which he or she is responsible for maintaining. It is a felony offense like any other crime in this offense. According to the data, the crime of embezzlement is most often committed in Istanbul, Turkey.
Felony of Involving Misconduct in Tender
The crime of misfeasance in tenders is a crime committed by mishandling public authorities' procurement of goods or services and tenders for leases. Harsh criminal lawyerIt is disputed in court whether the subject matter of the act is one of the acts counted in a limited way in article 235 of the TCK.
Information Crimes
Informatics crimes are crimes that occur with the commission of crimes using technological tools such as computers, mobile phones, bank pos devices, etc., which are the main technological devices, or the Internet.
Crime of counterfeiting money
The crime of counterfeiting money is an elective crime committed in the form of counterfeiting money in Turkey or in a foreign country in the form of counterfeiting (counterfeit currency printing), introducing into the country, transporting, preserving or treating it with the knowledge that it is counterfeit (TCK md.197). It is also called the “crime of counterfeiting”.
Criminal Lawyer Istanbul
Is there any significance or legal obligation for a criminal lawyer or a criminal lawyer to be in Istanbul or any other city? It does not matter at all. A criminal lawyer in Istanbul can take charge of the criminal case in Ankara or in another city. The main thing is that it should be looked at whether he conducts the case he undertakes meticulously and with importance.
Looking for a Criminal Lawyer
A person looking for a criminal lawyer must first contact the lawyer or lawyers they want. In addition, he does not have to hire the first person he meets, but whoever is most suitable among the interviewees can work with him. So at this point, he is free to work with any lawyer he wants. The person who will hire a criminal lawyer can work with a lawyer he trusts or, taking into account his professional knowledge and experience, can determine the person who best suits his interests.
It should be noted that there is no such thing as the best criminal lawyer or the best criminal lawyer. Despite this, people search the Internet for “best criminal defense lawyer,” “best murder lawyer,” “best drug lawyer,” or “best criminal defense lawyer.” Naturally, people do research in the hope of working with the best. But it is not correct to make such a distinction here.
Serious Criminal Case Lawyer Fee
The attorney fee for a serious criminal case can be freely determined between the client and the lawyers. But it cannot be less than the fees published in the Official Journal every year. The Istanbul Bar Association publishes an advisory fee schedule every year. Charges for serious criminal proceedings, ordinary criminal charges have been established.