Criminal Law
Determined defence of your rights at every stage � from investigation through to appeal.
Criminal law directly affects an individual's liberty, dignity and fundamental rights. Failure to establish the correct legal strategy throughout the process � from the first stage of the investigation to the court of appeal � can lead to consequences that are difficult to remedy. At Efeo�lu Law and Consultancy, we provide a determined defence for our clients in criminal matters.
Investigation Phase Defence
Criminal investigations typically begin with a summons to give a statement as a suspect, or with an arrest. Mistakes made at this stage can create a legal picture that is very difficult to reverse later.
- Legal advice and preparation prior to giving a statement
- Attendance alongside the suspect throughout the detention process
- Access to the file and review of investigation documents
- Objection to prosecution decisions (decision not to prosecute)
- Defence at hearings on remand applications
Prosecution Phase and Trial Defence
The prosecution phase � from acceptance of the indictment to the finalisation of the verdict � is the period in which the defence strategy is applied most decisively. Evidence analysis, witness examination and challenges to expert reports are the key components of this process.
- Identification and presentation of evidence contradicting the prosecution's case
- Witness and expert examination strategies
- Arguments for sentence reduction and suspension
- Technical issues such as joint commission and continuing offences
- Applications for deferral of the pronouncement of the verdict (HAGB)
Remand in Custody and Judicial Control
Remand in custody � the most severe and sensitive form of deprivation of liberty � must be assessed within the framework of the principle of proportionality and replaced by alternative measures.
- Objections to remand decisions
- Legal arguments regarding the duration of remand
- Judicial control orders and mitigation of conditions
- Individual application route and proceedings before the ECtHR
Key Types of Offence
The main types of offence in our criminal law practice include:
- Fraud, theft and offences against property
- Intentional bodily harm, threats and blackmail
- Sexual offences
- Cyber offences and identity theft
- Drug offences
- Negligent injury and causing death in road traffic accidents
- Tax evasion and economic crimes
- Abuse of office and bribery
In cases involving tax evasion and economic crimes, tax court proceedings may also come into play. In this regard, please see our work in Administrative and Tax Law.
In cyber offences and identity theft cases, the management of digital evidence is of critical importance. For more on this, please see our work in Data Protection and IT Law.
Wrongful Imprisonment Compensation
Persons who are acquitted following trial, or in respect of whom a decision not to prosecute is issued, have the right to claim compensation for unlawful detention or arrest. This right is guaranteed by the relevant provisions of the Code of Criminal Procedure.
- Filing the compensation claim within the prescribed time
- Calculation of material and moral damages
- Pursuing the case before the Heavy Criminal Court
Frequently Asked Questions
When should I consult a lawyer during an investigation?
You should consult a lawyer at the earliest possible stage � preferably before giving a statement. Mistakes made during the investigation phase can lead to legal consequences that are difficult to correct later. In situations involving detention or a summons for questioning, exercise your right to remain silent and contact your lawyer immediately.
Can a remand in custody be challenged?
Yes. An objection may be lodged against a remand decision before the Criminal Judgeship of the Peace. It is also possible to request a review at each extension of the remand period. Judicial control measures under the Code of Criminal Procedure are an alternative to detention.
Does withdrawing a complaint stop the proceedings?
In complaint-dependent offences (such as insult, simple bodily harm or violation of the inviolability of the home), the victim's withdrawal of the complaint may result in a decision not to prosecute or in the discontinuation of proceedings. However, in offences subject to public prosecution regardless of a complaint (such as sexual assault or homicide), withdrawal has no effect.
Can an acquitted person claim compensation?
Yes. A person whose liberty was restricted by unlawful detention or arrest and who is subsequently acquitted or in respect of whom a decision not to prosecute is issued may claim both material and moral damages from the State. This action is brought before the Heavy Criminal Court, and an application must be made within the prescribed time limits.
Criminal Law Advisory
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