Criminal Law

Criminal law regulates acts that constitute offenses and the sanctions to be applied to them. Since it directly concerns individual liberty and the right to a fair trial, the procedures in the first hours can determine the rest of the process. As Ertan Law & Consultancy, in Bursa we provide defense and representation services at the investigation and prosecution stages to persons acting as suspects, defendants, victims, complainants, and injured parties, within the framework of Law No. 5237 (Turkish Criminal Code), Law No. 5271 (Code of Criminal Procedure), and Law No. 5275 (Law on the Execution of Penalties and Security Measures).

Our Areas of Practice

Investigation stage: Statements before the police and the public prosecutor, requests for the collection of evidence, complaint petitions, and decisions finding no ground for prosecution and objections to such decisions.

Protection measures: Detention, judicial control measures, prohibition on leaving the country, search and seizure procedures, and objections to them.

Prosecution stage: Review of the indictment, defense representation at hearings, review of the lawfulness of evidence, witness and expert procedures, and the closing defense.

Alternative remedies: Mediation, deferral of the announcement of the judgment, deferral of prosecution, and assessment of effective remorse and grounds for reduction.

Legal remedies: Appeals (istinaf) and cassation (temyiz), retrial, and individual applications to the Constitutional Court.

Representation of victims and injured parties: The rights of the person harmed by the offense to complain, to join the proceedings, and to claim compensation. Material and non-pecuniary compensation claims are planned together with the criminal proceedings.

Enforcement of sentences: Calculation of the term of imprisonment in final sentences, conditional release, probation, transfer to an open prison, and applications to the enforcement judge.

Frequently Encountered Types of Disputes

Simple and qualified defamation, threats, intentional and negligent injury, negligent offenses arising from traffic and workplace accidents, fraud, breach of trust, theft, cyber offenses, drug-related offenses, issuing uncovered checks, and offenses connected with commercial enterprises. Each file is assessed separately according to the circumstances of the concrete case.

Our Approach

The file is first assessed with respect to the act charged, the state of the evidence, and the possible sanction. The defense strategy, objections to measures, and alternative solutions are then planned together. The client is clearly informed at every stage of the process about their rights and risks.