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The Criminal Defense Law in Istanbul, Turkey operates under the basic principle of the presumption of innocence. It means that an individual is considered innocent until proven guilty. The law itself is based on this principle and a person charged with a crime has the right to a fair trial. The criminal defense law is designed to protect the rights of defendants during criminal proceedings and investigations. The principle of fair trial and the right of defense are regulated by the Turkish Constitution and several international agreements.
There are several situations in which someone may require legal help in criminal defense. These include being accused of a crime, being subject to a criminal investigation, being charged with a criminal offense, requiring representation during a court trial, or needing legal assistance for an appeal. Additionally, individuals may also need legal assistance to ensure that their rights are not violated during police investigations or custodial interrogations.
The key aspects of criminal defense law in Istanbul, Turkey are primarily governed by the Turkish Penal Code (TPC) and the Code of Criminal Procedure (CCP). These cover everything from minor offenses to the most serious crimes. Rights of the accused such as the right to silence, right to a fair trial, right to an attorney, right to be informed of charges, and right to a speedy trial are enshrined within these legal statutes. It is also essential to be aware of Turkey's strict laws regarding defaming the state, its officials, and its symbols, which are treated as criminal offenses under TPC.
In Istanbul, Turkey, if a person cannot afford to hire a lawyer, a state-appointed lawyer known as a public defender is provided to the person to safeguard his/ her rights and interests.
The burden of proof lies with the prosecution, meaning it is their responsibility to prove beyond reasonable doubt that the defendant is guilty.
Though it's within your rights to represent yourself, it is highly recommended that you don't. The subtleties and nuances of the law can make self-representation very risky.
Under Turkish law, a defendant cannot be tried for the same crime twice if they were previously acquitted or convicted of that crime. This principle is known as "ne bis in idem".
If a defendant's rights are violated during their legal process, it may result in an unfair trial. Such issues may be raised during appeal processes.
For further information or help, individuals may seek assistance from the Turkish National Police, the Ministry of Justice, and the Istanbul Bar Association. They provide resources and information related to criminal proceedings and the rights of the accused.
If you require legal assistance, your first step should be to contact a lawyer specialized in criminal defense. You should fully cooperate with your lawyer and provide all necessary information related to your case. Remember, everything you tell your lawyer is confidential and can help build a stronger case. If you cannot afford one, don't worry a state-appointed lawyer will be provided to you.
