CRIMINAL LAW
Eren & Gonce Law and Consultancy provides legal representation services for suspects, defendants, and victims in the field of criminal law. Furthermore, the firm provides active legal support to its clients at every stage of the criminal proceedings. In addition to this, the team directly manages defense strategies during investigation and prosecution processes.
WHAT IS CRIMINAL LAW?
Criminal law regulates acts that constitute crimes and the sanctions to be applied to these acts. This branch of law protects the rights of individuals while simultaneously safeguarding social order.
In addition, criminal law limits the state's power to punish and prevents arbitrary practices. Thus, legal security is strengthened, and the principle of a fair trial is protected.
BASIC PRINCIPLES OF CRIMINAL LAW
Criminal law is built upon certain fundamental principles to ensure a fair trial. These principles protect both the individual and society. They also ensure that the judicial process proceeds in a balanced manner.
- Principle of legality
- Presumption of innocence
- Principle of culpability
- Principle of proportionality
- Principle of personal liability
These principles constitute the fundamental structure of criminal proceedings.
WHAT IS A CRIME AND HOW DOES IT OCCUR?
The law clearly defines the concept of a crime. An act only becomes a crime when it is unlawful and corresponds to a definition in the law.
The following elements must coexist for a crime to occur:
- The act is committed
- Unlawfulness arises
- Culpability is present
- The statutory definition is met
If one of these elements is missing, criminal liability does not arise.
THE CRIMINAL PROCEEDINGS PROCESS
Criminal proceedings progress in two stages. First, the prosecution conducts an investigation and collects evidence. Subsequently, the court conducts the trial and renders a decision during the prosecution stage.
In this process, the parties actively present evidence, and the court evaluates this evidence.
TYPES OF PENALTIES AND SANCTIONS
Courts apply different penalties depending on the nature of the crime. The judge evaluates the specific features of each case individually and determines the appropriate sanction.
- Imprisonment
- Judicial fine
- Security measures
The judge determines the sentence by considering the principle of proportionality.
HOW IS CRIMINAL LIABILITY DETERMINED?
The court determines criminal liability by examining the individual's level of culpability. Individuals who lack the capacity for culpability do not bear criminal liability.
In each concrete case, the judge evaluates the evidence and makes their decision based on this assessment.
STATUTE OF LIMITATIONS
Specific statute of limitations periods are applied in criminal law. When these periods expire, the state loses its right to initiate a lawsuit or execute a sentence.
Therefore, parties monitor these time limits carefully.
COMMON MISTAKES IN CRIMINAL LAW
Parties make certain mistakes in criminal proceedings, and these errors lead to serious consequences:
- Failing to exercise the right to defense in a timely manner
- Presenting incomplete evidence
- Missing deadlines
- Not obtaining professional support
These errors often lead to consequences that are difficult to rectify.
THE IMPORTANCE OF THE RIGHT TO DEFENSE
The right to defense forms the foundation of criminal proceedings. An individual actively defends themselves against the accusations directed at them.
When this right is exercised correctly, the judicial process proceeds more fairly.
FREQUENTLY ASKED QUESTIONS
Does criminal law impose prison sentences for every crime?
No. The court applies different sanctions depending on the nature of the crime.
How long do criminal cases take?
The duration varies depending on the scope of the file and the status of the evidence.
CONCLUSION
Criminal law is one of the most important fields of law that directly affects the freedom of individuals. Therefore, it is necessary to manage the criminal proceedings process correctly. Professional legal support plays a critical role in both defense and victim advocacy processes.