Defense Rights

Istanbul criminal lawyer informing you about constitutional defense rights including right to silence, access to counsel and fair trial, providing effective legal representation.

Defense Rights in Criminal Cases

The Constitution and Criminal Procedure Law grant various defense rights to suspects and defendants. These rights form the foundation of the right to a fair trial.

Fundamental Defense Rights

  • Right to Silence: Right not to make self-incriminating statements
  • Right to Counsel: Legal assistance at every stage of investigation and prosecution
  • Right to Present Evidence: Right to present evidence and call witnesses in your favor
  • Right to Cross-Examination: Right to question witnesses against you
  • Right to Interpreter: Interpreter for those who don't speak the court language
  • File Review: Right to review the investigation file

Violation of Your Rights

In case of violation of your defense rights, evidence obtained may be deemed unlawful and dismissal of the case may be requested.

Frequently Asked Questions

What are the core defense rights of a suspect or defendant?

Under CCP arts. 147 and 149, the right to silence, the right to be informed of the charge, the right to counsel, the right to notify a relative and the right to request evidence gathering are guaranteed. The right to counsel during statements and interrogations cannot be restricted. Statements taken without counsel may be deemed unlawful evidence. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

When is counsel mandatory?

Under CCP art. 150, counsel is mandatory when the suspect or defendant is under 18, deaf-mute, unable to defend themselves, or facing an offence punishable by at least 5 years' imprisonment at its upper limit. Defendants without counsel of choice are assigned a bar-appointed lawyer free of charge. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Legal Basis (for review)

Statutes cited in this page's curated answers. Application to a concrete dispute is subject to attorney review.

  • CMK m.147
  • CMK m.150

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