Criminal Law

Criminal Law is a branch of law that deals with the part of unlawful actions and behaviors of individuals that constitute a crime and require punishment. The criminalization of an action depends on the definition of that action as a crime in the law and the embodiment of all material and moral legal elements of the crime in that action. Within criminal law, whether an act constitutes a crime or not, if so, which type of crime this act embodies, whether it requires punishment or not, and all the issues affecting the determination and individualization of punishment can be clarified by evaluating them as a whole.

In order to achieve success in criminal cases, it is necessary to have a command of criminal law and to carry out a successful proof activity in accordance with the procedural rules applied in criminal cases. At Solmaz Law and Consultancy Firm, with our expert staff in the field of criminal law, we offer legal consultancy and advocacy services with the principle of quality and trust, starting from the moment of qualifying all unlawful acts you encounter with our expert staff in the field of criminal law and making the necessary complaints, collecting evidence in criminal cases, collecting evidence, showing evidence or making effective defense against unfair and unfounded accusations against you and protecting your individual rights and freedoms at the highest level during these proceedings.

Below are some of the criminal disputes in which we have experience;

• Filing criminal complaints to the Chief Public Prosecutor’s Offices
• Preparation of complaint petitions, preparation of defense petitions
• Evidence and proof activities before the courts within the framework of the principles of oral proceedings
• Crimes against life; crime of manslaughter, crime of directing suicide
• Crimes against bodily integrity; human injury, negligent injury, organ or tissue trafficking, torture and cruelty crimes
• Crimes against sexual inviolability; sexual assault, sexual abuse, sexual harassment, sexual intercourse with minors
• Crimes against liberty; threats, blackmail, hatred and discrimination, disturbing the peace and tranquility of persons, deprivation of liberty, violation of freedom of work and labor, prevention of the exercise of trade union rights, violation of residential immunity
• Offense of insult
• Crimes against private life and private sphere of life; interception of communication, violation of confidentiality of communication, interception and recording of conversations between persons, violation of privacy, recording of personal data, unlawful provision of data, seizure, failure to destroy data
• Crimes against property; theft, plunder, plunder of a promissory note, use of a free promissory note, fraud, abuse of trust, damage to property, unrequited benefit, purchase and acceptance of criminal property, false information about companies or cooperatives, negligent or fraudulent bankruptcy crimes
• Crimes against society; willful endangerment of public safety, radiation emission, unauthorized possession or exchange of dangerous substances, endangering traffic safety
• Crimes against the environment; pollution of the environment, causing zoning pollution, causing noise
• Crimes against public health; the crime of manufacturing and trafficking in drugs or stimulants
• Crimes against public trust; forgery of money, forgery of valuable stamps, forgery of official or private documents, forgery of seals, misuse of signature in public
• Crimes against public peace; establishing an organization for the purpose of committing crimes, incitement to commit crimes, incitement to public hatred and hostility
• Crimes against economy, industry and technology; bid rigging, bid rigging, influencing prices, disclosure of information or documents that are trade secrets, banking secrets or customer secrets
• Crimes in the field of informatics; entering the information system, blocking, disrupting the system, destroying or changing data, misuse of bank or credit cards
• Crimes against the state and nation; embezzlement, extortion, bribery crimes
• Crimes against the judiciary; slander, perjury, false testimony, fabrication of a crime, false swearing, destruction, concealment or alteration of criminal evidence, false expert witness and interpreter, attempt to influence a judicial officer, expert or witness, favoritism of the guilty, laundering of assets derived from crime, violation of confidentiality, recording of audio or video recordings, attempting to influence fair trial.

The most common questions and disputes under criminal law are as follows:

What is the crime of intentional killing?

The legal value protected in the crime of intentional killing is the fundamental human right to life. According to the article of the law, a person who intentionally kills a person is deemed to have committed the crime of intentional killing. In determining intent, the nature of intent is determined by applying criteria such as choice of means, accuracy, distance, and number of blows, behavior before and after the act.

What is the punishment for intentional homicide?

A person who intentionally kills a human being is punished with life imprisonment. The qualified forms of the crime are listed in Article 82 of the Turkish Criminal Code. These are by design, by means of beastly feeling or torture, by fire, flood, destruction, sinking or bombing, or by the use of nuclear, biological or chemical weapons, against a lineal descendant or descendant or against a spouse, divorced spouse or sibling, against a child or against a spouse who is physically or mentally incapable of defending himself/herself, If the crime is committed due to the public duty fulfilled by the person, in order to conceal a crime, to eliminate the evidence or to facilitate the commission of a crime or to avoid being caught, out of anger due to the inability to commit a crime, with the motive of bloodshed, with the motive of honor, the person is punished with aggravated life imprisonment.

If the crime of intentional homicide is committed with behavioral negligence; Article 83 will be applied, not Article 81 of the Turkish Criminal Code. This type of crime is also among the crimes committed intentionally, but it is regulated with a different provision due to the fact that it occurs as a result of negligence.  There is a difference between intentional manslaughter and negligent manslaughter in terms of the elements of the crime. Here, there is a difference in terms of the moral element. It is very difficult to distinguish between the crimes types of probable intent and conscious negligence and should be evaluated according to the material event.

What is the crime of negligent homicide?

The legal value protected under this offense is the right to life. The action element of the crime of negligent homicide is any behavior contrary to the obligation of care and attention that leads to death. According to the article of the law, the person who negligently causes the death of a person is deemed to have committed this crime.

What is the penalty for negligent homicide?

A person who causes the death of a person through negligence shall be sentenced to imprisonment from two to six years.  In negligent crimes; the legislator has regulated the reasons requiring personal impunity, taking into account the cases where the consequences of the crime create greater victimization for the perpetrator.  The most important of these is personal impunity. Since the loss of a member of the family as a result of the act committed by the person who acts contrary to the obligation of care and attention constitutes a very serious situation for him, the legislator has regulated the issue of personal impunity for such situations. According to Turkish Criminal Code Article 22/6 “If the consequence caused as a result of the negligent act has caused the perpetrator to be victimized exclusively in terms of his personal and family situation to such an extent that it is unnecessary to impose a penalty, no penalty shall be imposed; in case of conscious negligence, the penalty to be imposed may be reduced from half to one-sixth.” Again, if the way the crime is committed is evaluated within the scope of conscious negligence and if a situation occurs that makes it unnecessary to impose a penalty due to the personal and family situation of the person, it is possible to reduce the penalty.

What is the crime of intentional injury?

This article is regulated in order to protect the bodily integrity of the person and to regulate the attacks to be committed against it. In order for this offense to be committed; According to Article 86 of the Turkish Criminal Code; it is necessary to intentionally cause pain to the body of another person or to cause deterioration of health or perception ability.

What is the punishment for intentional injury?

The person who commits this offense is punished with imprisonment from one to three years. However, the aggravated forms of the offense are as follows: Turkish Criminal Code Article 86/2:

In the event that offense of intentional injury is committed;

a) Against a superior, subordinate, spouse, divorced spouse or sibling,

b) Against a person who is physically or mentally incapable of defending himself/herself,

c) Because of the public duty the person fulfills,

d) By abusing the influence of a public official,

e) With a weapon,

f) With monstrous feeling, the penalty to be imposed is increased by half, and in terms of subparagraph (f), by one times, without the need for a complaint.

Apart from such qualified cases; there may be aggravating factors due to the result of the crime. These are also regulated in Article 87 of the Turkish Criminal Code.

What is the Crime of Torture?

The legal value protected in the crime of torture is both the right to life and dignity. According to Article 94 of the Turkish Criminal Code, a public official who commits acts against a person that are incompatible with human dignity and that will cause him/her to suffer physical or mental pain, affect his/her perception or willpower, or humiliate him/her is deemed to have committed the crime of torture.

What is the Penalty for Torture?

The person who commits the crime of torture shall be sentenced to imprisonment from three to twelve years. There are cases that require aggravated punishment in terms of the way the crime is committed and the consequences.

What is Sexual Assault?

The legal value protected by the crime of sexual assault is the sexual inviolability of the person. According to Article 102 of the Turkish Criminal Code; a person who violates the bodily inviolability of a person through sexual behavior is deemed to have committed the crime of sexual assault. Accordingly; in terms of the basic form of the crime, in violation of the consent of the victim to satisfy sexual desires; behavior that involves contact to the body and exceeds the extent of groping is required.  Within the scope of this crime, no organ or other object must be inserted into the body. The perpetrator may also be a woman, as the article does not regulate that the perpetrator is only a man.

Within the scope of the qualified forms of the crime, the cases that require more severe punishment are regulated. According to Article 102 of the Turkish Criminal Code, sexual assault committed by inserting an organ into the body is considered as a qualified case and requires a heavier penalty. In the event that offense is committed,

a) Against a person who is physically or mentally incapable of defending himself/herself,

b) By abusing the influence provided by public office, guardianship or service relationship,

c) Against a person related by blood or affinity, including the third degree or by a stepfather, stepmother, step-sibling, adopter or foster child

d) With a weapon or by more than one person together,

e) By taking advantage of the convenience provided by the environments where people have to live together collectively, the penalties imposed according to the above paragraphs are increased by half.

• What is the Penalty for Sexual Assault?

Whoever commits this crime shall be sentenced to imprisonment from five to ten years upon the complaint of the victim. If the sexual behavior remains at the level of stalking, a prison sentence of two to five years is imposed.

• What is the Crime of Sexual Abuse of Children?

This crime is intended to protect the interest of the victimized child. According to Article 103 of the Turkish Criminal Code; a person who sexually abuses a child is considered to have committed the offense of sexual abuse of a child.

• What is the Penalty for the Crime of Sexual Abuse of Children?

The person who commits the offense of sexual abuse of a child shall be sentenced to imprisonment from eight to fifteen years. If the sexual abuse remains at the level of molestation, a prison sentence of three to eight years shall be imposed.

What is meant by sexual abuse?

Within the scope of Article 103 of the Turkish Criminal Code, sexual abuse is defined as follows:

a) Any sexual act committed against children who have not completed the age of fifteen or who have completed the age of fifteen but whose ability to perceive the legal meaning and consequences of the act has not developed,

b) Sexual acts committed against other children only on the basis of force, threat, deception or any other reason affecting the will.

What is Sexual Harassment?

According to the provision of the article; a person who harasses a person for sexual purposes is deemed to have committed the offense of sexual harassment.  The commission of this offense against a child is regulated as a qualified case.

What is the Penalty for Sexual Harassment?

Upon the complaint of the victim, the person who commits the crime of sexual harassment shall be sentenced to imprisonment from three months to two years or to a judicial fine, and if the act is committed against a child, to imprisonment from six months to three years.

What is the Crime of Threatening?

Threat crime is regulated within the scope of crimes against freedom. The legal value protected under this crime is the person’s peace of mind, tranquility and sense of security. According to Article 106 of Turkish Criminal Code; a person who threatens another person with the bet that he/she will commit an attack on the life, body or sexual immunity of himself/herself or his/her relatives is deemed to have committed the crime of threat.  “A person who threatens another person with the bet that he/she will commit an attack on his/her or his/her relative’s life, body or sexual inviolability shall be sentenced to imprisonment from six months to two years. If this offense is committed against a woman, the lower limit of the penalty shall not be less than nine months. In the case of threatening to cause great damage in terms of assets or to do other evil, upon the complaint of the victim, imprisonment up to six months or a judicial fine shall be imposed.”

It is possible to carry out the crime of threat in writing, verbally or by sign. The important point is that this threat is delivered to the victim. In this context, the statements made in absentia to the 3rd person in order to convey them to the addressee will also be considered within the scope of threat.  The perpetrator of this crime can be anyone; in addition, the penalty is increased for public officials who use the means of rights given to them due to their duty while committing the crime of threat.  It is important that the victim of this crime is certain; the threatening act whose addressee is not known will not constitute a crime.

What is the Penalty for Threatening Crime?

The person who commits the offense of threatening shall be sentenced to imprisonment from six months to two years.

What is the Crime of Deprivation of Liberty?

The legal value protected by this crime is the freedom of the person to act in accordance with his/her will. According to Article 109 of the Turkish Criminal Code; a person who unlawfully deprives a person of the freedom to go to a place or stay in a place is considered to have committed this crime.  This crime can be committed by various means. It can be committed by means such as locks, chemical weapons, drugs, physical capture, binding or morally threatening and cheating. The use of elements such as force, threat, and weapon constitutes the aggravating circumstance of the punishment of the crime.

What is the Penalty for the Crime of Deprivation of Liberty?

Persons who commit this offense are sentenced to imprisonment from one year to five years.  In addition, the effective remorse provision regulated under Article 110 of the Turkish Criminal Code regulates the situation that reduces the punishment of the crime. The penalty may be reduced if the victim spontaneously releases the victim in a safe place without harming the victim’s person before the investigation is initiated.

What is the Crime of Defamation?

The legal value protected by the crime of defamation is the honor and dignity of the person. According to Article 125 of the Turkish Criminal Code; a person who attributes a concrete act or fact that may offend the honor and dignity of a person or who attacks the honor and dignity of a person by swearing is considered to have committed the crime of insult.  In order for the crime of insult to occur, the perpetrator must have attributed a specific act or fact to the victim. The crime of insult is listed among the crimes that can be committed intentionally. Accordingly, it is sufficient for the perpetrator to comprehend and know that the perpetrator acts in a way that offends the honor and dignity of the person. In order for insult crimes committed in absentia to occur, it is necessary to be informed by at least three people.

What is the Penalty for Defamation?

* Persons committing this offense shall be sentenced to imprisonment from three months to two years or to a judicial fine.

* In order for insulting the victim in absentia to be punishable, the act must be committed by contacting at least three people.

* If the act is committed through an audio, written or video message addressed to the victim, the penalty specified in the paragraph above shall be imposed.

*If the offense of insult is committed as a reaction to an unjust act, the penalty to be imposed may be reduced by up to one third, or the penalty may be waived

What is the Crime of Theft?

The legal benefit to be protected by the regulation of theft crime is the right to property. It is aimed to protect the assets of the person. According to the provision of the law; Anyone who takes a movable property belonging to someone else without the consent of the possessor from the place where it is located in order to provide a benefit to himself or someone else is considered to have committed the crime of theft. This crime occurs when the act of taking occurs in a public or secret manner. The crime is completed when the goods are taken, it is not necessary for the perpetrator to benefit or benefit from it. The subject of the theft crime is the movable goods belonging to someone else, in this context; unclaimed goods do not constitute the subject of the theft crime.

What is the punishment for theft?

Persons who commit this offense are sentenced to imprisonment from one to three years. The qualified form is regulated separately.

What is the crime of plunder?

The legal value protected by the crime of looting can be counted as personal freedom, freedom of will and bodily immunity as well as the right to property. According to Turkish Criminal Code Article 141; a person who compels another person to deliver a property or not to resist the taking of a property by threatening or using force, with the bet that he will commit an attack on his or his relative’s life, body or sexual inviolability or that he will cause great damage to his property, is considered to have committed the crime of plunder.  There is a similarity between the crime of plunder and theft, but in the crime of plunder, additional force is used.

What is the punishment for the crime of looting?

Persons committing this offense shall be sentenced to imprisonment from six to ten years.

The same penalty shall be imposed if the victim is compelled by force or threat of force or intimidation to give a promissory note or a document declaring that an existing promissory note is null and void, to resist the taking of such a promissory note, to sign a paper that may be converted into such a promissory note in the future, or to destroy or not resist the destruction of an existing promissory note.

What is the Crime of Fraud?

According to Article 157 of the Turkish Commercial Code; the person who deceives a person by fraudulent behavior and provides a benefit to himself or someone else, to the detriment of him or someone else, is deemed to have committed the crime of fraud. Within the scope of the law, no feature is required in terms of the perpetrator. Again, it is not necessary for the perpetrator and the beneficiary to be the same. It is sufficient to benefit himself or someone else from the result of the crime. In terms of the victim, a real person may be a victim, while legal entities may be damaged by the crime. In terms of the act, the behavior is required to be fraudulent. As a result, as a result of fraudulent behavior, the person must be deceived and damage must occur for the benefit of the victim or someone else due to this deception.

What is the Penalty for Fraud?

The person who commits the offense of fraud is sentenced to imprisonment from one year to five years and a judicial fine up to five thousand days.  The qualified form of the offense is regulated in Article 158 of the Turkish Criminal Code.

What is the Crime of Breaking a Seal?

This article aims to protect the authority of the state. According to Article 203 of the Turkish Criminal Code; The person who removes the seal placed in order to ensure the storage of something or the preservation of its existence in accordance with the law or the order of the competent authorities or who acts contrary to the purpose of its placement is deemed to have committed the crime of breaking the seal.

What is the Penalty for the Crime of Breaking a Seal?

Whoever commits this offense shall be sentenced to imprisonment from six months to three years or to a judicial fine.

What are the Crimes of Forgery of Documents?

The legal value protected within the scope of this crime can be counted as public order, private property, and state authority. According to the provision of the law; a person who forges an official document, changes a real official document in a way that deceives others or uses a forged official document is deemed to have committed the crime of forgery. In order to be able to talk about the crime of forgery, a document must exist, be written and have a content that has a legal meaning. Likewise, the issuer of this document must also be certain.

What is the Penalty for Forgery of Documents?

The person who commits the crime of forgery shall be sentenced to imprisonment from two to five years.

What is the Crime of Bid Rigging?

Pursuant to the article of the Law, a person who commits bid rigging in tenders for the purchase or sale of goods or services or leases and construction tenders made on behalf of public institutions or organizations is deemed to have committed the crime of bid rigging.

What is the Penalty for the Crime of Bid Rigging?

The person who commits this offense shall be sentenced to imprisonment from three to seven years.

What are the Elements of the Crime of Bid Rigging?

In the following cases, the tender is deemed to have been rigged.

1. By fraudulent behavior;
2. To prevent persons who have the qualifications or conditions to participate in the tender from participating in the tender or in the tender process,
3. To ensure that persons who do not have the qualifications or conditions to participate in the tender participate in the tender,
4. To exclude the goods offered from the evaluation on the grounds that they do not have the qualifications specified in the specifications,
5. To evaluate the goods offered on the grounds that they have the qualifications specified in the specifications, even though they do not have them.
6. To ensure that others have access to information related to the bids that must be kept confidential according to the tender legislation or specifications.
7. Preventing persons who have the qualifications or conditions to participate in the tender from participating in the tender or in the transactions in the tender process by using force or threat or by other unlawful acts.
8. Open or secret agreements between the persons wishing to participate or participating in the tender in order to influence the tender conditions and especially the price.

What is the crime of embezzlement?

According to the article of the Law, a public official who embezzles the property, the possession of which has been transferred to him due to his duty or which he is obliged to protect and supervise, is deemed to have committed the crime of embezzlement.

In the face of unfair attitudes and behaviors of the public official, the existence of a compulsion is accepted if the person provides benefits to the public official or the person to be directed by the public official, feeling obliged, with the fear that a legitimate work of the person will not be seen properly, at all or at least on time.

What is the punishment for embezzlement?

The person who commits the offense of embezzlement shall be sentenced to imprisonment from five to twelve years.

What is the crime of extortion?

According to the article of the law, a public official who induces a person to benefit himself or someone else or to make a promise in this way by abusing the influence provided by his duty is deemed to have committed the crime of extortion.

What is the punishment for the crime of extortion?

The person who commits the crime of extortion shall be sentenced to imprisonment from five to ten years.

What is the Crime of Bribery?

According to the article of the law, a person who, directly or through intermediaries, provides a benefit to a public official or another person to be indicated by him/her in order for him/her to do or not to do a job related to the performance of his/her duty is deemed to have committed the crime of bribery.

A public official who, directly or through intermediaries, provides benefits to himself/herself or to another person to be nominated by him/her in order for him/her to do or not to do a job related to the performance of his/her duty is also deemed to have committed the offense of bribery.

What is the Penalty for Bribery?

The person who commits the offense of bribery shall be punished with imprisonment from four to two years.

What is the Crime of Laundering Assets Derived from Crime?

According to the article of the Law, a person who takes the assets arising from a crime punishable by imprisonment of six months or more abroad or who subjects them to various transactions in order to conceal their illegitimate origin or to give the impression that they were obtained through a legitimate means is considered to have committed the crime of laundering the assets arising from crime.

A person who knowingly purchases, accepts, possesses or uses the asset value constituting the subject matter of this offense without participating in the commission of the offense in the first paragraph shall also be deemed to have committed the offense of knowingly purchasing, accepting, possessing or using the asset value resulting from the offense.

What is the Penalty for the Offense of Laundering Assets Derived from Crime?

The person who commits the offense of laundering the proceeds of crime shall be sentenced to imprisonment from three to seven years and a judicial fine up to twenty thousand days.

The penalty for the offense of Knowingly Purchasing, Accepting, Possessing or Using the Assets Arising from the Crime is imprisonment from two to five years.