Serious Crimes Lawyer in Ankara (Assize Court)

Intentional killing, robbery, qualified fraud and organised crime offences are among the offences falling within the jurisdiction of the assize court. Claims for compensation arising from protective measures are also, as a rule, decided by the assize court of the place where the injured party resides. It is important to identify the competent authority correctly from the outset; an application made to the wrong authority often results in time being lost.

The first step is to appoint defence counsel before any statement is taken; for this reason, the support of a criminal defence lawyer in Ankara is often needed before the file even reaches the court. Once a statement record has been signed, it is very difficult to change its content afterwards. Rights to object to the duration and conditions of police custody are also subject to limited time periods.

Objections against decisions of the criminal judgeship of peace concerning pre-trial detention and judicial control are examined by the judge of the criminal court of first instance within the same judicial district; the 2021 amendment abandoned the horizontal objection procedure and introduced a vertical objection procedure. In matters falling within the jurisdiction of the assize court, judicial control may last for a maximum of three years; where necessary, it may be extended with reasons given.

What is decisive for HAGB is that the specific sentence imposed is two years’ imprisonment or less, or a judicial fine; even if the statutory penalty for the offence is higher, the sentence may fall below this threshold, for example through a reduction for unjust provocation. The defendant’s consent, the absence of any previous conviction for an intentional offence and the remedying of the damage are also required. Under an HAGB decision, the verdict is not announced for five years; if no intentional offence is committed during this period, the case is dismissed.

For criminal court decisions (including those of criminal courts of peace, criminal courts of first instance and assize courts), the time limit for an appeal (istinaf) is two weeks from the pronouncement or service of the decision, and the time limit for a cassation appeal (temyiz) is two weeks from service. These time limits were amended to two weeks in the Code of Criminal Procedure No. 5271 by Law No. 7331.

Yes. Persons who are arrested or detained, or whose continued detention is ordered, otherwise than in accordance with the conditions laid down by law may claim compensation from the State for the pecuniary and non-pecuniary damage they have suffered. The claim must be made within three months of notification of the finality of the decision to the person concerned and, in any event, within one year of the date on which it became final; in certain cases, such as an acquittal or a decision of non-prosecution, the application is made not to the assize court but to the Compensation Commission under Law No. 6384.