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Criminal law

Criminal law is the branch of law that examines acts constituting crimes, the sanctions to be applied to such acts, the conditions under which criminal liability arises and how the rights of individuals are protected during criminal proceedings. It is directly connected with personal liberty, public order, victims’ rights and the guarantees of a fair trial.

What Is Criminal Law?

Criminal law is the branch of law in which acts defined as crimes by law and the criminal sanctions to be applied to such acts are evaluated. Whether the crime has occurred, the intent of the perpetrator, the degree of fault, the nature of the evidence and the legality of the trial process are examined together.

The fundamental regulations are included within the scope of the Turkish Penal Code and the relevant criminal procedure legislation.

Fundamental Principles of Criminal Law

  • Legality of crimes and punishments

  • Fault-based liability

  • Presumption of innocence

  • The principle that doubt benefits the accused

  • Individuality of criminal penalties

  • Proportionality

  • Right of defense

  • Exclusion of unlawfully obtained evidence

General Provisions of Criminal Law

General provisions regulate the common rules concerning crimes and criminal liability. Intent, negligence, attempt, participation, concurrence of offenses and grounds of justification are evaluated within this scope.

Special Provisions of Criminal Law

  • Intentional injury and negligent injury

  • Intentional homicide and negligent homicide

  • Insult, threat and blackmail

  • Fraud and breach of trust

  • Theft and damage to property

  • Sexual offenses

  • Drug-related offenses

  • Cybercrimes

  • Forgery of official and private documents

  • Violation of privacy

How Are Criminal Proceedings Conducted?

Criminal proceedings are conducted in two stages, namely investigation and prosecution, under the Criminal Procedure Code.

  • Crime report or complaint

  • Collection of evidence

  • Statement of the suspect

  • Preparation of the indictment

  • Hearings

  • Rendering of judgment

  • Legal remedies

Rights of the Suspect, Defendant and Victim

The suspect and defendant have the right to remain silent, the right of defense, the right to benefit from the assistance of defense counsel and the right to submit evidence. The victim may exercise the rights to file a complaint, participate in the proceedings and submit evidence.

Legal Remedies in Criminal Law

  • Objection

  • Appeal before the Regional Court of Appeal

  • Appeal before the Court of Cassation

  • Reversal in favor of law

  • Renewal of proceedings

  • Individual application to the Constitutional Court

  • Application to the European Court of Human Rights

The Importance of Evidence in Criminal Law

In criminal proceedings, a conviction must be based on concrete and legally obtained evidence. Unlawfully obtained evidence cannot be taken as the basis for judgment.

Frequently Asked Questions

What is criminal law?

Criminal law regulates acts considered crimes and the sanctions to be applied to such acts.

How is criminal law divided?

Criminal law is divided into two main areas: general provisions and special provisions.

What are the elements of a crime?

The elements of a crime are the legal element, material element, moral element and the element of unlawfulness.

Which law governs criminal proceedings?

Criminal proceedings are conducted under the Criminal Procedure Code.