Can a person summoned to give a statement have a lawyer present?

Yes. A suspect has the right to benefit from defence counsel at every stage of the investigation, including while giving a statement; this right is guaranteed by the CMK. A suspect without a lawyer may request counsel appointed through the bar association, and for certain offences the presence of counsel is mandatory. Obtaining legal support before the statement is possible in all cases.

How long can police custody last?

As a rule, custody may not exceed twenty-four hours from the moment of apprehension, excluding the compulsory travel time to the nearest judge. For offences committed collectively, this period may be extended, each time by no more than one day, up to a total of four days. Custody measures may be challenged before the criminal judgeship of peace.

Can a pre-trial arrest decision be challenged?

Yes. An objection may be filed within seven days of learning of the arrest decision; in addition, release may be requested at any stage of the proceedings, including a request for lighter measures such as judicial control. Continued detention is also reviewed by the court at regular intervals. Well-reasoned, procedurally correct applications can influence the outcome.

How long does a criminal case take?

The duration of a criminal case varies considerably according to the nature of the offence, the state of the evidence, the number of witnesses and the court's workload. Straightforward files may conclude within a few hearings, while complex files can take years; appeal and cassation stages add to the overall length. No definite timeframe can be given, and each file is assessed on its own circumstances.

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Practice Areas

Criminal Law

Legal support is provided as defence counsel for suspects and accused persons during investigation and prosecution stages, and as counsel for victims and participating parties.

The aim is the effective exercise of the right of defence, from statements and interrogations through to appeal and cassation stages.

Services in This Area

Defence counsel during statements and interrogations at the investigation stage
Challenges against detention, judicial control and pre-trial arrest decisions
Defence of accused persons at the prosecution (trial) stage
Representation of victims, complainants and participating parties
Preparation and pursuit of appeal and cassation applications
Legal support in victim–offender reconciliation (uzlaştırma) procedures
Defence in cybercrime cases and offences against economic interests and property
Matters concerning the execution of sentences and criminal record entries

How Do Criminal Proceedings Work? Investigation and Prosecution Stages

Criminal proceedings under the Code of Criminal Procedure No. 5271 (CMK) consist of two main stages. The investigation stage is conducted by the public prosecutor once a suspicion of crime arises; evidence is gathered, the suspect's statement is taken, and protective measures such as police custody, judicial control or pre-trial arrest may be applied where necessary.

If the prosecutor finds sufficient suspicion, an indictment is filed, and its acceptance opens the prosecution stage. At trial, evidence is examined before the court, witnesses are heard and the defence is presented; appeal and cassation remedies are available against the judgment. As each stage has its own time limits and procedural rules, close monitoring of the process is required.

What Are the Rights of Suspects and Accused Persons?

Under the CMK, suspects and accused persons have the right to be informed of the charge, to remain silent, to benefit from defence counsel, to request the collection of exculpatory evidence and to have relatives notified. Defence counsel may be relied upon at every stage of the investigation, and the appointment of counsel is mandatory for certain offences and circumstances.

Authorities are legally required to remind individuals of these rights during statements and interrogations, and evidence obtained through unlawful methods cannot form the basis of a judgment. Effective exercise of the right of defence depends on procedural safeguards being observed from the very outset.

Why Early Legal Support Matters in Criminal Cases

In criminal investigations, the first statement can significantly shape the course of the file; obtaining legal support before giving a statement is therefore important for building the defence correctly. Time limits for challenging measures such as custody and pre-trial arrest are short and require properly formulated applications.

For victims, observing the complaint period, securing evidence and submitting a request to participate in the proceedings in good time prevent loss of rights. For offences within the scope of reconciliation, the procedure conducted between the parties may resolve the file without a trial; each option is assessed according to the features of the case.

Frequently Asked Questions

Can a person summoned to give a statement have a lawyer present?: Yes. A suspect has the right to benefit from defence counsel at every stage of the investigation, including while giving a statement; this right is guaranteed by the CMK. A suspect without a lawyer may request counsel appointed through the bar association, and for certain offences the presence of counsel is mandatory. Obtaining legal support before the statement is possible in all cases.
How long can police custody last?: As a rule, custody may not exceed twenty-four hours from the moment of apprehension, excluding the compulsory travel time to the nearest judge. For offences committed collectively, this period may be extended, each time by no more than one day, up to a total of four days. Custody measures may be challenged before the criminal judgeship of peace.
Can a pre-trial arrest decision be challenged?: Yes. An objection may be filed within seven days of learning of the arrest decision; in addition, release may be requested at any stage of the proceedings, including a request for lighter measures such as judicial control. Continued detention is also reviewed by the court at regular intervals. Well-reasoned, procedurally correct applications can influence the outcome.
How long does a criminal case take?: The duration of a criminal case varies considerably according to the nature of the offence, the state of the evidence, the number of witnesses and the court's workload. Straightforward files may conclude within a few hearings, while complex files can take years; appeal and cassation stages add to the overall length. No definite timeframe can be given, and each file is assessed on its own circumstances.

These answers are for general information only and do not constitute legal advice. For an assessment of your specific situation, please consult a lawyer.

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