Criminal investigation in Turkey, is a judicial process in which the prosecutor investigates the incidents related to the crime, collects evidence, makes detentions and arrests, and conducts other procedures to detect criminals and offenses before the initiation of a criminal case.
In this article, the lawyer specialized in criminal law answers the questions that victims, suspects or other relevant persons who are the subjects of investigation procedures in Turkey are wondering.
Table of Contents
- 1 What Is Criminal Investigation?
- 2 What Is The Difference Between A Criminal Investigation And A Criminal Case In Turkish Law?
- 3 What Are The Stages Of A Criminal Investigation In Turkey?
- 4 Which Orders Can Be Issued In A Criminal Investigation Under Turkish Law?
What Is Criminal Investigation?
In Turkish criminal law, criminal investigation is the entire process of inquiry conducted by the public prosecutor who is informed of a situation through a complaint, denunciation or any other means that indicates where an offense might have been committed .
Investigation refers to the period from the moment the suspicion of a crime is heard by the competent authorities until the filing of the indictment. The subsequent process of the investigation is the criminal prosecution.
The public prosecutor is the main judicial authority conducting the investigation process. The purpose of the public prosecutor in the criminal investigation is to determine whether there is a probability of a crime that requires the filing a criminal case.
It is not decided whether a person is guilty or not guilty during the investigation, it is only decided whether the probability of being guilty is higher than the probability of being innocent or not guilty.
What Is The Difference Between A Criminal Investigation And A Criminal Case In Turkish Law?
In Turkey, criminal investigation is the stage where the evidence is collected and suspects are identified in cases where a crime may have been committed. On the other hand, in the criminal case or criminal prosecution, it is decided whether the possible crimes determined during the investigation process are actually offenses or not, and whether the accused persons are actually guilty or not.
Therefore, it is very important to get legal assistance from a professional criminal lawyer in Istanbul during the investigation process, rather than waiting for the criminal case to be brought.
What Are The Stages Of A Criminal Investigation In Turkey?
Despite the fact that criminal investigations in Turkey do not have a structured flow stipulated by law, the prosecutor’s office generally carries out investigations in the following flow:
- Initiation Of The Investigation
- Information Gathering
- Taking Into Custody And Detention Order
- Interrogation
- Arrest And Judicial Review Measure
- Evidence Collecting
- Taking Expert Reports
- Decision Of The Prosecutor
How to initiate a criminal investigation in Turkey?
Criminal investigations in Turkey are mostly initiated upon a denunciation or complaint. The prosecutor’s office shall initiate an investigation when it receives a denunciation, criminal complaint, criminal information, ex officio, etc. about the commission of a crime.
How does the public prosecutor’s office collect information in Turkey?
The public prosecutor’s office initiating a criminal investigation in Turkey first starts to gather information about the offense. In this regard, prosecutor may order law enforcement officers to collect information and documents related to the crime and criminals, summon witnesses, seize crime materials and collect the evidence.
Taking Into Custody And Detention Order In Turkey
Taking a suspect into custody is the temporary restriction of the suspect’s freedom by law enforcement officers with the order of the prosecutor’s office. The prosecutor may detain and interrogate the suspect. While an arrest warrant must be issued by a judge, a judge’s decision is not required for detention in Turkey.
Under the Turkish Criminal Procedure Code, detention refers to the temporary restriction of the freedom of the detained person for the purpose of completing the legal proceedings against him/her, in a manner that does not harm his/her health within the legal term until he/she is first brought before an authorized judge or released.
How Long Can A Suspect Be Detained In Turkey?
The maximum detention period is 24 hours from the moment of detention, excluding the compulsory time required for the transfer of the suspect to the judge or court nearest to the place of detention. The mandatory duration for the transfer is maximum 12 hours. Therefore, the maximum length of the custody period for individual offenses is 36 hours.
On the other hand, the maximum detention period for collective offenses and organized crimes in Turkey is 4 days, with a 3 additional detention orders. Collective crime refers to a crime committed by three or more persons.
How Long Can A Person Be Detained At The Airport?
In Turkey, the maximum duration of detention at the airport for an individual offense is 24 hours. In practice, it is frequently observed that this time limit is exceeded, so it is important to get legal support from a criminal lawyer in Turkey.
Is There A Difference Between Detained And Arrested?
The arrest is decided by a court or a judge. On the other hand, detention is decided by the prosecutor’s office.
The detention measure lasts from the moment of detention until the detainee is brought before a judge after a specified period of time or is finally released by the prosecutor’s office. Whereas arrest results in the person’s being sent to prison by a judge’s decision.
Interrogation In Turkey
Interrogation is the questioning of a suspect by law enforcement officers or the public prosecutor in relation to the offense under investigation. The statement is taken by police officers, gendarmerie or directly by the prosecutor.
When a person gives a statement, the entire criminal proceedings are conducted based on what he/she says in the statement.
The person who gives his/her testimony shoudn’t say anything unnecessarily and put himself/herself in a disadvantageous position when.
After the interrogation, the person may be directed to the criminal judgeship of peace by the prosecutor with a request for arrest or judicial review measure. Here, the criminal judgeship of peace decides whether the suspect will be arrested or or not for the duration of the criminal proceedings. Therefore, the defense to be made in interrogation is of great importance. For this reason, it is strongly recommended to be accompanied by a criminal lawyer during the interrogation in Turkey.
Arrest And Other Judicial Review Measures
A suspect may be sent to the criminal judgeship of peace by the prosecutor’s office with a request for arrest or any other judicial review measures. In this case, the criminal judgeship of peace shall decide to arrest the person or to impose a lighter judicial review measure.
What Happens After Arrest?
When a decision is made to arrest a person in Turkey, he or she is sent to the nearest prison. The arrested person shall remain in pre-trial custody until he/she is sentenced or until a decision is taken to release him/her from pre-trial detention.
What To Do If A Person Arrested In Turkey?
The most important actions to be taken for the release of the person arrested in Turkey and for ensuring that the legal process is carried out in the most advantageous way is to get legal support from a specialized criminal lawyer and to appeal against the arrest warrant.
How To Appeal Against Arrest Warrant In Turkey?
Appeal against the arrest warrant can be made by filing a petition of objection to arrest or by making a statement to the court that issued the arrest warrant. According to the Turkish Criminal Procedure Code, the period for objection to arrest is two weeks from the date of the arrest warrant. In addition to the suspect or defendant, the lawyer, legal representative and spouse of the suspect or defendant also have the right to object to arrest.
Is It Possible To Be Released On Bail In Turkey?
Under the Turkish Code of Criminal Procedure, it is possible for a person to be released on bail upon the payment of a security amount for the offences specified by the law. The amount and payment terms shall be determined by the judge based on the request of the public prosecutor, taking into account the financial situation of the suspect.
However, courts in Turkey rarely decide to grant bail. In order to file an application for release on bail, it is recommended to get legal assistance from a specialized criminal lawyer.
How Much Does It Cost To Bail Someone Out Of Jail In Turkey?
In Turkey, the cost of bail to release a person in pre-trial detention is not stipulated in the legislation. This amount is determined by the judge, based on the gravity of the offense and the financial situation of the person. However, the petition to the court for granting bail may be significant in terms of lowering the cost of bail.
Which Orders Can Be Issued In A Criminal Investigation Under Turkish Law?
The prosecutor’s office may issue mainly 3 types of order at the end of the investigation:
- Order that there is no grounds for an investigation,
- Order that there is no grounds for prosecution,
- Decision to issue an indictment and file a criminal case against the accused person.
