Criminal Law

Criminal Law

Criminal Lawyer in Istanbul WiklundKurucuk

Criminal Law Firm Istanbul WiklundKurucuk consists of Turkish Criminal Defense Lawyers Istanbul specializing in the defense of individuals and companies charged with criminal activity.

WiklundKurucuk as Turkish Criminal Law Firm has been providing support to its Clients at every stage of Turkish Criminal Law for more than 10 years in Istanbul. Attorneys working at WiklundKurucuk Law Firm are composed of Turkish Criminal Defense lawyers specializing in the field of Turkish Criminal Law. Our Criminal Defense Lawyers always provide legal support to their Clients and always stand by them while at the investigation phase, when their Client is detained by the police, when their homes are being searched, when their offices are being searched or when they face a judge due to arrest. With over all these years of experience, our Turkish Criminal Defence Lawyers are providing everything they can for their Clients to make their Clients feel safe at the police station, prosecution office as well as in the court.

Just as at the investigation phase, Criminal Law Firm Istanbul WiklundKurucuk provides all legal support to its Clients during the trial phase and provides all the dedication necessary for their Client’s fair trial with their position in the proceedings. WiklundKurucuk Law Firm always supports their Clients, who are indicted or subsequently in prison as a result of the criminal case, right at the prison or the inmate house. WiklundKurucuk Law Firm has been with its Clients beginning from their testimony at the police station until the last moment of their release from the prison while providing all necessary legal support. WiklundKurucuk Law Firm is a Criminal law firm established in Istanbul and serves Clients in all areas of Criminal Law. It has gained experience in all areas of Criminal Law for more than 15 years and therefore provides the best service to his Clients in terms of Turkish Criminal Law.

Turkish Criminal Law Firm WiklundKurucuk is a specialized law firm in crimes of intentional killing, crimes of intentional wounding, crimes of establishing organizations for the purpose of committing crimes, crimes of migrant smuggling and human trafficking, crimes of threat, blackmail, and deprivation of liberty, crimes of violation of the immunity of the residence, crimes of insult, crimes of violation of privacy, crimes of theft, crimes of robbery, crimes of theft by deception, crimes of bankruptcy by deception, crimes pertaining to traffic accidents, crimes of production and trade of narcotics and psychotropic substances, crimes of purchase, receipt or possession of narcotics or psychotropic substances for personal use or use of narcotics or psychotropic substances, crimes of counterfeiting money, crimes of counterfeiting documents, crimes of fraud during a tender, IT crimes, crimes of abuse of public officials and crimes of calumny.

WiklundKurucuk Law Firm has a staff of Turkish Criminal Defense Lawyers specializing in the defense of individuals and companies charged with criminal activity. Our Criminal Law expert legal staff conducts detailed investigations into the entire case and provide their Clients of their all legal rights. As Criminal Defense Lawyers WiklundKurucuk Law Firm provides the freedom and acquittal of their Clients as a result of the legal violations identified by its detailed investigations. For this reason, suspects or defendants must receive a quality legal service.

Turkish Criminal Law Firm WiklundKurucuk provides Clients with the best service and support in terms of Turkish Criminal Law. It should be noted that a good criminal defense lawyer takes his Client off the rope. But a Criminal law firm, which has a good staff of lawyers, does not even let their Client go to that stage. WiklundKurucuk Law Firm is one of the best criminal law firm in Istanbul, in other words in whole Turkey, in the field of Turkish Criminal Law with its legal service.

Criminal Law is a branch of law that regulates crimes and penalties and enables clarification of the sanctions of these crimes and penalties. Criminal Attorney is an attorney who provides services in the context of Criminal Court and Criminal Law. It is possible to say that Criminal Law is divided into two. This dividence is as follows;

• General Criminal Law
• Private Criminal Law

General criminal law is a branch of law that reviews the rules that apply to the general crime, such as all the material or spiritual elements that the concept of crime has, the general principles of criminal law, the penalties prescribed in the law for crimes, the reasons that reduce or completely eliminate the punishment. It is possible to say that our Attorneys, who provide Criminal Attorney service or consultancy services in the field of criminal general law, focus on the aforementioned issues.

Private criminal law, deals with the acts that are considered as crimes under the law, examines the existing boundaries and scope of the crimes, their separation from each other and the punishments of the acts that are considered as crimes according to the law. Istanbul Criminal Attorney and our attorneys who provide consultancy services focus on this issue.

Criminal Law Cases

The criminal case is basically a case opened with a prosecutor’s indictment. In order for this case to be opened, there should be sufficient suspicion in the indictment prepared by the prosecutor’s office that the suspect person has committed the crime in question. In this context, there is an element that needs to be considered, that is; Regardless of its nature, every criminal case is a public case. The main reason for this is; Finding the necessary conditions and sufficient suspicion, the prosecution has to file a lawsuit. General Criminal Law Cases that a Criminal Attorney will face are as follows.

• Assize Court,
• Criminal Court of First Instance

It should be noted that the courts given above are general courts. Apart from the general courts, there are also some special courts that are obliged to hear criminal cases due to the nature of the crime and the capacity of the offender. These are as follows.

• Juvenile Court,
• Criminal Court of Intellectual and Industrial Rights,
• Juvenile High Criminal Court

Basic Principles of Criminal Law

There are some principles that have been adopted in terms of securing the rights of individuals living in a country that are intervened in accordance with the criminal law systems. The Basic Principles of Criminal Law adopted in the context of a Criminal Attorney and counseling service and information on these principles are as follows.

• Legality Principal in Crime and Punishment
• Fault in Crime and Punishment Principle
• Principle of Certainty
• Prohibition of Comparison
• Principle of Personality of Crime and Punishment
• Equality Before The Law
• Principle of Territoriality in the Application of Criminal Laws From the Location Point of View
• Prohibition of Retroactivity

Information on these principles is provided below:

• Legality Principal in Crime and Punishment

Legality Principal in Crime and Punishment, which is also known as “no unlawful crime and punishment”, is a principle established to prevent arbitrary punishment of individuals. Due to this principle, the possibility of the judge to present an act that is not defined as a crime in the law as a crime and punishment is eliminated. According to this principle, the crime and the corresponding penalty should only be determined by law. This basic principle is contained in the first paragraph of Article 2 of the Turkish Penal Code No. 5237;

“Legality principle in crime and punishment

ARTICLE 2- (1) Nobody can be punished and security measures cannot be imposed for an act that is not clearly considered a crime by the law. Penalties and security measures other than the punishments and security measures stated in the law cannot be enforced.

(2) No crime or punishment can be imposed with the regulatory process of the administration.

(3) It is not possible to compare the provisions of the laws containing crime and punishment. Provisions containing crime and punishment cannot be interpreted broadly in a way that will cause comparison.

The Criminal Attorney and counseling services we offer in line with this principle, which is also included in the Constitution, have been drawn in line with the principle of “legality in crime and punishment”. Thanks to this principle, it is possible to say that our Criminal Attorney and Istanbul Criminal Attorney service is based.

• Fault in Crime and Punishment Principle

The principle of fault in crime and punishment, which is also known as the principle of “no perfect punishment”, is a principle that prevents the perpetrator from being punished if he is not at fault at the time of committing the crime. This principle is also included in the first paragraph of Article 20 of the Turkish Criminal Code numbered 5237: “Criminal liability is personal. Nobody can be held responsible for someone else’s actions. ” The aim of the principle is that the punishment requires wrongful act and the person who does not act wrongful will not be punished. Thanks to this principle, it is possible to say that our Criminal Attorney and Istanbul Criminal Attorney service is based on this principle.

• Principle of Certainty

It is not sufficient that the provisions containing crime and punishment are regulated by law. At the same time, the definition of the relevant crime is specific in terms of the elements of the crime; it should be clear to everyone that what constitutes a crime and what the sanctions are for them. The principle of certainty is stated in Article 2 of the TCK as: “Nobody can be punished and security measures cannot be imposed for an act that is not clearly considered a crime by the law.” As a requirement of this principle, it is incompatible with the principle of legality to identify a crime by abstractly referring to a particular law or referring to any administrative regulation. Similarly, leaving the authority to an administrative authority to determine the conditions of a conduct in which the legislator determines his punishment is contrary to the principle of legality. In addition, even if the penalty is regulated by law, it will be contrary to this principle if the definition of the crime has not been made or the elements of the crime have not been specified. Thanks to this principle, it is possible to say that our Criminal Attorney and Istanbul Criminal Attorney service is based.

• Prohibition of Comparison

Comparison is the evaluation of an act that is not clearly defined in the law within the scope of another act that is similar in some ways. There is a gap in comparison; There is no provision applicable to the event. By establishing a similarity with another event about which a provision is found, the provision in question is tried to be applied to this event. Comparison is prohibited in the criminal law with the third paragraph of Article 2 of the TCK: “No comparison can be made in the application of the provisions of the laws containing crime and punishment. Provisions containing crime and punishment cannot be interpreted broadly in a way that will cause comparison. “ Expanding interpretation is prohibited in the criminal law in terms of restricting the rights and freedoms of individuals and extending the criminal responsibility. Thanks to this principle, it is possible to say that our Criminal Attorney and Istanbul Criminal Attorney service is based.

• Principle of Personality of Crime and Punishment

As a result of an act that a person must be punished, the punishment cannot be made to anyone other than the person who committed the crime. For example, the punishment committed by a child involved in a traffic accident cannot be imposed on his mother, father or any other person. Punishments are personal and can only be imposed on the person who committed the crime. Also, penalties can be imposed only on “real” persons who committed the act that constituted the crime. In accordance with the Criminal Attorney service we offer, we must say that Legal Persons cannot be punished.  Thanks to this principle, it is possible to say that our Criminal Attorney and Istanbul Criminal Attorney service is based.

• Equality Before The Law

When applying a punishment for a crime in accordance with the articles and principles in the criminal code, factors such as the race, religion, language, sect, nationality of the perpetrator are not taken into account. This situation is expressed as follows in Constitution Art.38-TCK Art.20/1.

“In the application of the Criminal Code, no discrimination shall be made among persons in terms of race, language, religion, sect, nationality, color, gender, political or other opinion or opinion, philosophical belief, national or social origin, birth, economic and other social positions, and no privileges shall be granted to any person. The principle of bindingness of the law Not knowing the criminal laws is not an excuse. Principle of individual criminal liability Criminal liability is personal. Nobody can be held responsible for someone else’s actions. “

• Principle of Territoriality in the Application of Criminal Laws From the Location Point of View

According to this principle, which accepts the place where the crime was committed as the nexus point, the criminal code of the state where the crime was committed in its country should be applied, regardless of the citizenship of the perpetrator or victim. Although the principle of territoriality has been adopted as a basic principle in the TCK, there are some exceptions (for example, personality according to the perpetrator, personality according to the victim, protection, universality and substitution judgment) to this principle in the application of the criminal code in terms of location. Thanks to this principle, it is possible to say that our Criminal Attorney and Istanbul Criminal Attorney service is based.

• Prohibition of Retroactivity

In order to ensure the rights and freedoms of a person in the criminal law, according to another adopted rule, the perpetrator may be punished if the act constitutes a crime in accordance with the laws in force at the time of the actual commission. If the act is defined as a crime in a law that entered into force after it was committed; the perpetrator cannot be punished by enforcing this law in the past. The law that entered into force later, will be applied only in terms of the acts after it comes into force. In case of changes in the elements of the crime, in the punishment, in the security measure or in the legal consequences of the conviction to the detriment of the perpetrator with a law that came into force later; the next law cannot be applied in terms of acts committed before the effective date. It is possible to say that our Criminal Attorney and Istanbul Criminal Attorney service is based on this.

Types of Crime

Below are the types of crimes that we face in accordance with the Criminal Attorney and Consultancy services we offer and that are included in the laws:

Types of Crime According to the Form of Action:

• Result Crime: The condition for the occurrence of the crime is not related to certain actions. For example, when a man commits a stabbing crime, it does not matter whether the crime was committed with a knife or any other object.
• Conduct Crime: If a crime is committed only if an active attitude is displayed, this is a conduct crime. Rape crime is example of this.
• Negligent Crime: It is a passive crime. In cases where an action is required to be taken as a result of a certain situation and specified in the law, the negligence of not doing that action constitutes the crime. An example of this is that the mother committed the crime of aberemurder by a passive act of the mother as a result of the loss of the child due to the fact that the mother did not feed her child.
• Conduct Crime: Another type of crime that we face in the context of our Criminal Attorney and Istanbul Criminal Attorney services is Linked Action Crime. This occurs as a result of acting contrary to the specified law.

Our Services as a Criminal Attorney

All of the types of crimes covered by the Turkish criminal law are mainly within the scope of the Criminal Attorney services we offer. All of the cases of crimes such as fraud, looting, crime of drug manufacturing and trade, drug use crime, fraudulent bankruptcy, immigrant smuggling and human trafficking, threats, blackmail, deprivation of liberty, establishing and being a member of an organization to commit crimes, abuse of trust, people’s peace and tranquility, slander, forgery of documents, negligent injury, aberemurder and consultancy services for these crimes are among the services we provide.

Aberemurder Crime

The crime of aberemurder is deliberately killing someone else. In order for the crime of aberemurder to occur, the perpetrator must consciously, knowingly and willingly kill another person. In this context, according to Article 81 of the Turkish Criminal Code numbered 5237, punishment for the simple form of aberemurder is a life imprisonment.

Reckless Killing Crime

Reckless killing is often mistaken for the crime of aberemurder. However, there is a deliberate and conscious action in aberemurder. Reckless killing includes situations such as traffic accident, work accident and doctor’s mistake. In the aforementioned cases, there is no intentional or willful killing.

Production and trafficking of illicit drug or psychotropic substance

The crime of drug or stimulant producing and trade is an optional crime committed with the production, import, export, sale within the country, offering for sale, giving to others (procuring), transporting, transporting, storing or purchasing, accepting for commercial purposes, drugs or stimulants without a license or in violation of the license.

It is stated that all substances such as heroin, cocaine, bonzai, cannabis, ecstasy, morphine or basmorphine that cause drug or stimulant effects and cause addiction in people will constitute the subject of this crime.

Our attorneyship and consultancy services we offer in the context of Istanbul Criminal Attorney and Criminal Attorney cover all of the crimes under the Turkish Criminal Code. It is possible for you to reach us for all the attorneyship and consultancy services you need in the context of both the high criminal court, the criminal court of first instance, and the juvenile/juvenile high criminal court.

As a result of the service we provide, we provide the necessary advocacy and plead services as well as the following issues regarding crime within the scope of consultancy service and provide information about following matters;

• Nature of the crime according to Turkish Criminal Code,
• Sanction of the crime,
• How to make a defense at the prosecution and court stages and important points,
• How to open a criminal case in the context of the current crime,
• What are the necessary documents and the things that need attention?

As a Criminal Attorney, it would be correct to exemplify the cases that we serve as a criminal attorneys with courts such as the Criminal Court of First Instance, High Criminal Court, Juvenile High Criminal Court, Enforcement Criminal Court, Criminal Court of Intellectual and Industrial Rights, Regional Courts of Justice, Court of Cassation, Criminal Courts of Peace.