Criminal Law

The Supreme Court is divided into two main branches. One is the Criminal Chamber of the Supreme Court and the other is the Civil Chamber of the Supreme Court. The criminal chamber of the Supreme Court is the chamber where the criminal lawsuits are heard at the appeal stage. The Court of Cassation's legal chamber is also the chamber where the appeal stages of civil lawsuits are evaluated and final decisions are made. In addition to discussing appeals in general, the law offices of the Supreme Court of Appeals have some qualifications such as eliminating time losses in the conclusion of the lawsuit by supporting cooperation, academic studies and specialization, and being a guide and manager by taking responsibility for the problems that develop in the legal sense. The law offices of the Supreme Court of Appeals consist of four different areas including civil law departments, commercial and obligatory law departments, real estate law departments and labor and social security law departments. The criminal chambers of the Supreme Court are also divided into different branches according to the nature and characteristics of the lawsuits. In addition to examining the decisions of the local court at the appeal stage, it has some duties such as using the appeal and litigation time in a quality way, ensuring the timely decision of the cases, supporting academic studies, eliminating and preventing disruptions in the division of labor and criminal lawsuits.

In the lawsuits that have reached the stage of appeal, the files examined by the Supreme Court are decided as soon as possible. If the parties wish, they can request their attorneys to be on duty during the appeal phase. At the criminal chambers of the Supreme Court, the attorneys can express their opinions about the course of the lawsuit to the criminal chamber committee at the appeal stage of the lawsuit as orally or in writing, why and according to which provisions the decision of the local court should be reversed or approved. The attorneys can document the decision of the criminal chamber of the Supreme Court on the basis of their legal basis. This situation causes the criminal chambers of the Supreme Court to notify the relevant attorneys of their decisions before the local court. It is known that many cases have passed to the Supreme Court, but in very few cases, he/she was assigned as a criminal attorney in the Supreme Court. Since the Supreme Court is one of the parties to the relevant lawsuit as a criminal attorney, the Supreme Court gives the criminal attorneys the necessary right to speak about the litigation and appeal phase. Since the process of criminal lawsuits in the Supreme Court takes time, the criminal chamber of the Supreme Court of Appeals informs the criminal attorney about when the hearing regarding the relevant l awsuitwill be held. With this information, the criminal attorney is present at the Supreme Court on the relevant hearing date. Criminal attorneys, who are described among the public as the attorneys of the Supreme Court, are well-versed in this process and carry out the process in the best way.

The attorneys who attend the hearings at the Supreme Court as criminal attorneys have many functions. First of all, since the appeal of the lawsuit to the court is an indication that the decision of the local court is not found appropriate, criminal attorneys can present at the Supreme Court, according to which provisions and articles of the criminal law the decisions of the local court are not appropriate. In addition, attorneys who work as heavy criminal attorneys can express their defenses in the Supreme Court as orally or in writing, before the criminal chamber of the Supreme Court, if there is an element that they could not make in the local court or if there is an element added to the lawsuit later on. Therefore, a criminal defense attorney can have a significant influence on the Supreme Court's overturning or approving the local court's decision.

There are many important characteristics of heavy criminal attorneys. The first of these is that they know very well how the process of criminal lawsuits works. They play a major role in the local court, within the framework of law, in the court's conviction that the alleged crime has not been accepted by the court or in case of wrongdoing. The heavy penal attorneys work very meticulously in order to clarify the issue that caused the criminal lawsuit before the court and ensure that the relevant issue is fully understood.

It is not obligatory to have an attorney in lawsuits before the Supreme Court. The main reason for this is that there is no obligation at the Supreme Court, as the attorneys make the necessary defense and complaints about the lawsuit during the local court process. However, the parties to the lawsuit can request to attend the Supreme Court hearings with an attorney, if there have been important developments regarding the lawsuit after the local court decision. This situation draws attention as a situation that is left entirely to the demands of the parties. It is not obligatory to have an attorney in the hearings at the Court of Cassation, and there is no provision that one cannot attend the hearings with an attorney.

The criminal lawsuits are lawsuits that are handled according to the provisions of the Turkish Criminal Law. These lawsuits are known as the lawsuits whose sanction is criminal due to the violation of the articles in the Turkish Criminal Law. These penalties can be judicial fines or imprisonment for a period of time limiting the freedom of the parties. The fact that the sanction of criminal lawsuits includes material sanctions is a situation that requires a great responsibility for the criminal attorney. For this reason, the criminal attorneys can make demands on their clients' all rights, injustices they have suffered, and how their clients will be compensated as a result of the lawsuit, based on a number of laws. The heavy criminal attorneys of those who have to defend themselves and who are accused of crimes want to make the necessary preparations in a comprehensive way so that their clients are not punished, and want to spend the litigation process in the best way possible.