Say nothing until counsel arrives
English-speaking criminal defence in Istanbul. Every hour that passes in custody, at the statement and at remand changes what the file becomes.
Where you are
What stage is your file at?
What you should do next depends on the stage you are at. Choose your situation and we will point you to the right page and the right first step.
Find out the hour of apprehension first
Custody time runs from the moment the person was actually deprived of liberty, not from arrival at the station CMK 91/1. As a relative you may apply to the magistrate against the custody order CMK 91/5, and no power of attorney is needed to meet defence counsel CMK 154/1.
Ask whether there is a written summons
Being called to give a statement is not the same as being arrested. A summons must state the reason you are called CMK 145. If you were called by telephone, ask for it in writing. A statement taken by the police without counsel present cannot ground a judgment unless it is confirmed before the judge CMK 148/4.
The period runs from the day you learned of the order
An objection to a remand order is made within two weeks of the day you learned of it CMK 268/1. The “seven days” still often repeated is wrong. Judicial control in place of remand can also be asked for at this stage CMK 109.
Ask for a copy of the search decision
A search generally requires a judge’s decision; the written order and the seizure record should be given to you CMK 119. Whether the decision was lawful and whether its scope was exceeded are questions that shape the admissibility of what was found.
The period runs from service of the reasoned judgment
An application for istînaf — appeal to the regional court of appeal — is made within two weeks of the date on which the judgment together with its reasoning was served CMK 273, by petition to the court that gave the judgment or by declaration to the clerk. Which route is open — istînaf or temyiz — depends on the sentence.
What is happening right now?
Choose the heading nearest your situation; each one sets out what is done in the first hour.
Let us take the file together
Call nowCustody and remand do not wait for office hours
At the first meeting your time limits and options are made plain
No promise of outcome; the file is described as it stands
Everything you say is covered by professional secrecy
The first twenty-four hours decide most of the file
- Custody may not exceed twenty-four hours as a rule CMK 91/1
- You have the right to meet counsel before you give a statement CMK 149
- The time to object to remand is two weeks CMK 268/1
