Who is a serious crime attorney/lawyer?A serious crime attorney is not covered under a field of attorneyship defined in the law. In Turkey, attorneyship does not include expertness or choosing a branch. However, the lawyers following criminal cases before serious crimes court are colloquially called as serious crime attorneys. In practice, the lawyers following the cases under the authority of the criminal courts of first instance are also called as serious crime attorneys. In our article, we prefer to use the term of “serious crime attorney” as used colloquially.
Serious Crime Attorney/Lawyer and DefenseThe action of defensing starts upon when an individual is faced with incrimination. Main function of a criminal defense attorney is to defense the individuals faced with incrimination. The action of defensing includes introducing a material fact accurately and serves as an important part of criminal procedures by safeguarding the rights of defense of individuals. An indictment is the last investigation document including all allegations about the individual on trial in a well-organized manner. When the court accepts the indictment submitted by the prosecutors, the proceedings start. The attorney should discuss the outlines of the indictment and explain the reasons for his objections to the indictment with his defense during the proceedings. The serious crime attorney should consider the nature of the offense while submitting his defense. The allegations about an offense include both describing the offense and evidencing that this offense has been committed. It is important to determine the nature of the offense accurately and submit the defense in line with the nature and elements of the offense. The attorney should decide on the outlines of his defense according to the characteristics of the nature of the offense while submitting his defense.
Murder and Serious Crime Attorney/LawyerWillful murder is one of the offenses to be defensed by a serious crime attorney considering both the nature of the offense and the amount of penalty. The attorney prepares his indictment and defense taking into account whether a petty or major offense of willful murder has been committed. It is sometimes difficult to prove whether an offense is major or not and the criminal defense attorney may contribute to the allegations to prove this. In order to conclude whether a murder constitutes a major offense or not, the behaviors of the parties before, during and after the event should be investigated. While reviewing a case of a willful murder, the attorney should examine all phases of the case as a whole. Establishing whether an offense is major or not may depend on fine details. Adopting a broad perspective about how the murder may have been committed prevents ignoring the details to prove the offense. A serious crime attorney should particularly examine whether there exists unjust provocation in the willful murder. If the offense has been committed under unjust provocation, the penalty of the offense may be reduced. The level of the unjust provocation will also affect the reduction in the offense level. The serious crime attorney should examine whether there is unjust provocation in the case and if any, to what extent. Self-defense should also be taken into account by the attorney in case of a murder. If self- defense is in question, the perpetrator cannot be punished. Since it is difficult to conclude whether the offense has been committed for self-defense, the criminal defense attorney should ensure that the evidence has been collected as of the investigation and the self-defense has been proved.
Aggravated Fraud and Serious Crime AttorneyAggravated fraud is one of the offenses on property which may be committed quite differently. If the serious crime attorney deals with a file on aggravated fraud, he should examine whether this offense necessitates technical knowledge other than law knowledge. Some offenses of aggravated fraud may require technical knowledge along with law knowledge. In such situations, the defense attorney of the case should consult to an expert. For instance, in case of commission of offense of fraud (Article 158/1-f of Turkey's Criminal Code , information system may be reviewed to submit evidence. In such a case, the criminal defense attorney should review the case with the help of an expert on information system. In case of execution of act of swindling with the intention to collect a debt receivable based on a legal relation, abatement shall be applied for the offender (Article 159 of Turkey's Criminal Code . Defending attorney should ensure that the evidence will be taken into account if it is likely to apply this article for the offender. Aggravated fraud is one of the economic offenses abated if the damages stemming from this offense have been recovered. Criminal defense attorney should check whether the rate of abatement complies with the law if the damages stemming from the offense have been met.
Pillage and Serious Crime Attorney/LawyerPillage is one of the most serious crimes targeting both the freedom of the individual and his assets. The serious crime attorney should consider whether the nature of the offense has been identified accurately while examining the file on pillage. Pillage can be defined as an offense of robbery committed by violence and threat. Therefore, robbery and pillage can be confused. Whether there is violence or threat while committing the offense should be taken into account for a reliable defense. In case of execution of act of pillaging with the intention to collect a debt receivable, abatement may be applied for the offender. The attorney should carefully consider whether the offense has been committed with the intention to collect a debt receivable or not. If the damages stemming from the offense have been recovered, abatement shall be applied with respect to the offense of pillage. If the damages of the victim are recovered, the attorney should maintain that abatement be applied in accordance with the provisions of effective repentance law, one of the abatement types. In Istanbul, one of the provinces with a high number in the offense of pillage, the lawyers working as serious crime attorneys deal with the proceedings related with the most complicated offenses of encroachment.
Embezzlement and Serious Crime Attorney/LawyerEmbezzlement means that the civil servant or someone misappropriates the property resigned to the civil servant or that he is obliged to protect because of his service. In fact, embezzlement is a typical offense of malpractice. During the proceedings on embezzlement, the serious crime attorney should be well informed about the technical features of the work carried out by the civil servant since it is important to conclude during the proceedings on embezzlement whether the work carried out by the civil servant constitutes a duty on technical basis. If a detailed statement is required about whether embezzlement is performed or not, the report of the related experts should be submitted to the Court to strengthen the defense. Embezzlement is one of the offenses under the authority of Serious Crimes Court and requiring 5 to 12 years of sentence considering the main features of the offense. Aggravated embezzlement is an offense requiring a sentence of 7.5 to 18 years. Therefore, the serious crime attorney should evaluate all evidence during the proceedings with his client and discuss the nature of the duty and whether this offense has been committed or not. Embezzlement is among the offenses within the scope of effective repentance law. The attorney should inform the client about whether effective repentance law is applicable based on embezzlement as well as the rate and time of the abatement. Embezzlement is mostly committed in Istanbul, Turkey when considered the statistical remarks.
Collusive Tendering and Serious Crime Attorney/LawyerCollusive tendering is an offense committed when someone conspires to rig bids on public works or public service tenders. Collusive tendering includes such actions as preventing the others to bid on tenders by fraudulent conducts, ensuring that ineligible persons or companies participate in tenders, evaluating the goods in contradiction with the provisions of the specifications and disclosing the confidential information to others. Collusive tendering is an offense committed in relation to the law. In other words, the offense is committed when one of the restricted actions listed in its legal definition is performed. Similar actions not included in the definition of this offense cannot be counted as reasons of this offense. A serious crime attorney should consider all actions concluded in collusive tendering one by one and discuss on trial whether the related act is under the scope of the actions listed in Article 235 of Turkey's Criminal Code
Cyber -Crimes and Serious Crime Attorney/LawyerCyber -crimes are committed by technological devices such as computers, mobile phones and swiping machines of the banks etc. or through Internet. Cyber-crimes include these offenses:
- Cyber- crimes on logging in the information system;
- Cyber-crimes on preventing and spoiling the system or destroying or changing the data;
- Cyber-crimes offering unjust advantages;
- Cyber-crimes on misusing the bank cards or credit cards.