The Role of a Lawyer in Criminal Proceedings

Criminal proceedings are the official process that begins with a criminal allegation being investigated and can end with a court judgment at the prosecution stage. In Turkey, this process is governed by Law No. 5271 on Criminal Procedure and grants different rights to different parties, such as suspects, defendants, and victims. The lawyer’s role changes at each stage of the process; this page explains that role stage by stage.

You can get in touch for legal support in these processes.

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What This Area Covers

Detention and questioning

Detention carried out by law enforcement, taking of statements, and the rights a suspect holds during this stage.

Pre-trial detention and judicial control

Pre-trial detention ordered by a magistrate judge, objections to detention, and judicial control measures.

Investigation stage proceedings

Evidence gathering, expert examination, and statement-taking carried out by the public prosecutor's office.

Prosecution and trial process

The trial stage that begins once the indictment is accepted, continues through hearings, and ends with a judgment.

Appeal routes

The regional appeal and cassation stages available against a first-instance court decision.

Process Steps

01

Complaint, report, or ex officio knowledge

The prosecutor's office becomes aware of an alleged offense through a complaint, a report, or directly.
02

Opening of the investigation

The prosecutor's office assigns a file number and begins gathering evidence, instructing law enforcement units.
03

Statement and detention (if any)

The suspect gives a statement before law enforcement or the prosecutor; any detention is subject to the limits set by law.
04

Referral decision

The prosecutor's office may refer the file to the magistrate judge with a request for pre-trial detention, or continue the process under judicial control or without restriction.
05

Indictment or non-prosecution decision

Based on the evidence gathered, the prosecutor's office either prepares an indictment or issues a decision not to prosecute.
06

Hearings and judgment

Once the court accepts the indictment, it holds hearings, hears the parties, and reaches its judgment.
07

Appeal stage

If a party considers the decision insufficient, they may apply for regional appeal and, if necessary, cassation afterward.

The Lawyer's Role

During the investigation stage, the lawyer's most important function is accessing the file and taking part in the suspect's statement. A lawyer's presence is not mandatory during a police statement, but one is called if the suspect requests it; this request is usually easier to accommodate before the prosecutor. At this stage the lawyer reviews the file, may object to how evidence was gathered, and can challenge detention or pre-trial detention decisions.

Once the case moves to the prosecution stage, the role changes. The defense is now presented before the court, witnesses are examined, and expert reports may be challenged. The defendant's lawyer attends the hearings, presents the defense on the merits, and applies for appeal if necessary. On the victim's side, a lawyer can join the file as an intervening party and pursue the victim's rights.

One observation from practice: many suspects go to their first statement without carefully reading the summons they received, without knowing which offense they are being questioned about or in what capacity (suspect or witness); giving a statement without this information can lead to statements that are difficult to walk back at later stages.

Investigation or Prosecution?

Key differences between the two stages
Investigation	Prosecution
Conducted by the public prosecutor's office	Conducted by the court
Confidential; the party is called the "suspect"	Public; the party is called the "defendant"
Focus is on gathering and assessing evidence	Focus is on discussing the evidence before the court
Ends with an indictment or a non-prosecution decision	Ends with acquittal, conviction, or discontinuation

Two Commonly Confused Terms

Complaint: The act of a person harmed by an offense notifying the competent authority that they want the perpetrator punished.
Report: Any person who learns that an offense has been committed notifying the competent authority, regardless of whether they were harmed by it.

Common Misconceptions

The belief that "anyone called in for a statement gets detained" is widespread but inaccurate; giving a statement is not, on its own, a ground for detention. Another misconception is that a police statement carries the same weight as a prosecutor's statement — in practice, courts assess a police statement together with the rest of the file, not on its own. A third misconception is that not having a lawyer increases the sentence; the presence or absence of a lawyer is not a factor that directly affects the sentence, though it does affect how the right to a defense is exercised.

For matters concerning foreign nationals that intersect with administrative processes, see the Foreign Nationals Law page.

Situations Frequently Encountered

A witness becoming a suspect

Information that emerges during a statement can turn a person called as a witness into a suspect.

Summoning a suspect residing abroad

For a suspect abroad, taking a statement through letters rogatory or representation by power of attorney may come up.

Breach of judicial control conditions

Failing to comply with judicial control measures such as a travel ban or a signing obligation can bring a detention request onto the agenda.

Offenses subject to mediation

In offenses listed as subject to mediation, the file may be referred to a mediator during the investigation stage.

The situation of a foreign suspect or defendant

Appointing an interpreter for parties who do not speak Turkish, and ensuring notices reach the correct address, affects the process.

Legal Basis

Turkish Criminal Code No. 5237

Sets out the basic framework for offenses and penalties.

Code of Criminal Procedure No. 5271

Governs investigation and prosecution procedure and the rights of the parties.

Attorneys' Act No. 1136

Defines the framework of the right to a defense and the legal profession.

Frequently Asked Questions

No, it is not mandatory; however, if requested, a lawyer is arranged to be present during the statement. Statements given without a lawyer are also legally valid, but getting legal support early on makes the later stages easier.

Detention is subject to limits set by law and can vary depending on the nature of the offense; current information should be confirmed with legal support.

No. Detention is a precautionary measure, not a conviction; acquittal is also possible at the end of the trial.

It means the prosecutor's office has decided the evidence gathered is not sufficient to file a public case; this decision can be objected to under certain conditions.

This depends on the type of offense; for some offenses withdrawing the complaint ends the case, while for offenses investigated ex officio the trial continues independently of the complaint.

Regional appeal allows a first-instance court decision to be reviewed again on both factual and legal grounds; cassation is essentially a review of legal compliance.

This is usually learned through an official notice or at the border upon entering the country; in such cases, getting legal support to check the status of the file is advisable.

Summary of This Page

Criminal proceedings consist of two main stages, investigation and prosecution, conducted respectively by the prosecutor's office and the court.
Being called in for a statement does not mean being detained; judicial control and pre-trial detention are separate precautionary measures.
The lawyer's role changes by stage: file review and objections during the investigation, defense and appeal during prosecution.
Specific information about time limits and penalties depends on the details of the file and should be confirmed with current legal support.