FAQ

Criminal law FAQ: detention rights, criminal record deletion, sentence reduction and reconciliation. Istanbul criminal lawyer answers your most frequently asked questions.

Criminal Law FAQ

What should I do when taken into custody?

Stay calm and use your right to remain silent. Use your right to request a lawyer and consult your lawyer before giving a statement.

How long can detention last?

Maximum 2 years for cases under heavy penal court jurisdiction, maximum 1 year for other crimes. These periods can be extended.

Will I have a criminal record if acquitted?

When the acquittal decision becomes final, no criminal record is created. If there is an existing record, it is deleted.

Is it mandatory to hire a lawyer?

Some cases require mandatory defense (serious crimes, juvenile cases, etc.). However, getting lawyer support is important for your rights in any situation.

How long does a criminal case take?

It varies depending on the complexity of the case, evidence situation, and court workload. Simple cases can take 6 months-1 year, complex cases can take years.

Frequently Asked Questions

What is the maximum custody period?

Under art. 91 of the Criminal Procedure Code, custody for individual offences may not exceed 24 hours, excluding the time strictly necessary to bring the suspect before the nearest judge. For collectively committed offences the public prosecutor may extend custody by written order, by one day at a time, up to three days. The detainee must be brought before a judge within these limits. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Can I claim compensation if acquitted?

Under arts. 141-144 of the Criminal Procedure Code, persons who were detained but later acquitted, received a non-prosecution decision or had judgment deferred (HAGB) may claim pecuniary and non-pecuniary damages. The claim is filed with the assize court within 3 months of notice of finality and at most 1 year; the Treasury is the defendant and fault is not required. 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.91
  • CMK m.141-144

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