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DO YOU NEED TURKISH LAWYER? GET A TURKISH LAWYER FOR CRIMINAL MATTERS.

All people make mistakes that might affect others, not just ourselves. But taking it a step further and breaking the law, intentionally or sometimes unintentionally is another matter, one which calls for legal action. One might get involved in a crime in one’s hometown or in a foreign country for example Turkey. So what happens when a foreigner commits a crime in Turkey? The Turkish Penal Code (TCK) doesn’t distinguish between Turkish citizens and foreigners residing in Turkey. A foreigner who commits a crime is subject to same laws applied to Turks. There is no positive or negative discrimination.

Jurisdiction of Turkey According to Article 8 of the TCK, Turkish law is applied for crimes committed in Turkey. If the crime is partly or completely committed in Turkey or the result of the crime occurs within Turkish territory, a crime is considered to have been committed in Turkey.

What if someone lack finances to defend himself?
If you can not afford the legal fees, the Turkish government provides free legal assistance, including the appointment of a lawyer, for those who cannot afford a lawyer or to pay their legal fees on the condition that the guilty/accused proves his lack of finances for criminal cases. Civil law suits are usually not covered by legal aid regulations except in some cases, such as support for women’s rights in family law matters.

The judicial aid consists of temporary exemptions to any sort of fee for the legal process and in such cases the lawyer is appointed by the bar association, usually a young lawyer who wants some more experience.

In case of foreigners, benefiting from this right depends on the condition of reciprocity or mutual agreements related to the subject between states on civil law matters and the applicant should prove that he is below poverty line. For criminal cases no such poverty line declaration is necessary. There is also no such precondition for refugees.

How to apply for legal aid?
If it is the first interrogation, the police will inform the person under arrest about his right to call a lawyer.
Those in need of legal aid for civil law matters (and also for criminal matters) can apply to the court where the case will be heard and if the court decides in favor of the petitioner, following the court’s decision, the court can demand the appointment of a lawyer from the legal assistance bureau set up within each regional bar association. It is like pro bono lawyers. The second way to seek such assistance is to apply directly to the legal assistance bureau, which will then appoint a lawyer who will apply to the court for the needed assistance.
However, the legal aid does not cover the translator’s fee in civil law matters; yet in the criminal cases the fee for a translator can be paid by the government as loan.