Serious Crime (High Criminal Court) Cases

Standing trial before a High Criminal Court (Ağır Ceza Mahkemesi) is often one of the most difficult periods of life for the defendant and their family. These courts hear cases involving offenses for which the law prescribes the heaviest prison sentences, and any step taken or not taken at any stage of the proceedings can directly affect the verdict. For this reason, working with a serious crime defense lawyer from the very first day of the investigation is important to ensure that the defense is conducted consistently and in a well-planned manner from start to finish.

Below, we outline in general terms which cases the High Criminal Court hears, how the trial proceeds, the time limits for legal remedies, and the points to pay attention to in the defense. For other topics in criminal law, you can also visit our Criminal Law page.

Which Cases Does the High Criminal Court Hear?

Under Article 12 of Law No. 5235 on the Establishment, Duties and Powers of First Instance Courts of the Judiciary and Regional Courts of Appeal, the High Criminal Court hears cases concerning offenses requiring aggravated life imprisonment, life imprisonment, and imprisonment of more than ten years. The law also separately lists certain types of offenses that fall within the jurisdiction of the High Criminal Court even if the upper limit of the penalty falls below this threshold. Under Article 14 of Law No. 5235, when determining jurisdiction, the upper limit of the penalty prescribed by law for the offense is taken as the basis, without regard to aggravating or mitigating circumstances; if the legal characterization of the offense changes during the trial, a decision of lack of jurisdiction may also come into play. With an amendment made in 2025, aggravated fraud was removed from this list and left to the jurisdiction of the Criminal Court of First Instance (Asliye Ceza Mahkemesi).

Some of the cases frequently seen in High Criminal Courts in practice are as follows:

• Intentional homicide and attempted intentional homicide
• Aggravated robbery
• Manufacture and trafficking of narcotic or stimulant substances
• Aggravated sexual assault and sexual abuse of children
• Armed organization offenses
• Certain offenses related to public office, such as embezzlement

Under Article 9 of Law No. 5235, the High Criminal Court sits not with a single judge but as a panel consisting of a presiding judge and two members. Decisions are made after deliberation by the panel.

From Investigation to Verdict: How Does the Trial Proceed?

1. Investigation: The public prosecutor gathers evidence; the suspect's statement is taken, and if necessary, protective measures such as detention, search, seizure, and arrest are applied.
2. Indictment: If sufficient suspicion arises, the prosecutor's office prepares an indictment. The court examines the indictment; if it finds it contrary to the law or incomplete, it returns it; otherwise, it accepts it and the prosecution phase begins.
3. Hearing preparation: The court plans steps such as summoning witnesses, expert examinations, and collecting missing documents.
4. Hearings: The defendant is interrogated, witnesses and experts are heard, and the evidence is discussed one by one. The defense has the right to respond to the evidence and to request new evidence.
5. Prosecutor's opinion and defense on the merits: The prosecutor presents their opinion on the merits; the defendant and defense counsel respond with their defense. Before the verdict, the last word is given to the defendant.
6. Verdict: The court issues one of the following decisions: acquittal, conviction, no grounds for imposing a penalty, or dismissal of the case.

Mandatory Defense Counsel and the Defendant's Fundamental Rights

Under Article 150 of the Criminal Procedure Code, the appointment of defense counsel is mandatory in investigations and prosecutions for offenses whose lower limit of punishment is more than five years of imprisonment. Since a significant portion of High Criminal Court cases falls within this scope, if the suspect or defendant has not chosen a lawyer, a defense counsel is appointed by the bar association. That said, the person may work with a lawyer of their own choosing at any stage they wish.

Safeguards such as the defendant's right to remain silent, the right to request the collection of evidence, the right to examine the case file through defense counsel, and the right to an interpreter apply at every stage of the proceedings. For details of these rights, you can read our article on defendant rights in criminal proceedings.

Appeal and Cassation: Deadlines Must Not Be Missed

The first avenue of appeal against a High Criminal Court judgment is appeal on points of fact and law (istinaf). Following the amendment made by Law No. 7499, under CMK Article 273, the time limit for istinaf is two weeks from the date the judgment is served together with its reasoning. The regional court of appeal re-examines the case file with respect to both the factual events and the legal assessment, and holds a hearing if necessary.

Against the decisions of the regional court of appeal, an appeal on points of law (temyiz) may be filed within two weeks of service of the judgment with its reasoning, pursuant to CMK Article 291; however, the law separately provides that certain decisions cannot be appealed. An application not made within the time limit results in the finalization of the judgment. For this reason, it is important to record the service date of the reasoned decision and to calculate the time limit carefully from that date.

Points to Pay Attention to in the Defense

• First statement: The first statements given to the police and the prosecutor's office are frequently compared in the later course of the case. Not giving a detailed explanation without consulting a lawyer is often the wiser course.
• Lawfulness of evidence: Under CMK Article 217, the alleged offense can only be proven with evidence obtained in accordance with the law. Evidence obtained through unlawful searches or wiretapping must be challenged.
• Expert reports: Objections can be raised against forensic medicine, criminal, or technical reports, and a scientific opinion can be submitted when necessary.
• Favorable provisions: The conditions of provisions such as unjust provocation (TCK Art. 29), self-defense (TCK Art. 25), or discretionary mitigation (TCK Art. 62) should be assessed separately in the specific case.

The Role of the High Criminal Court Lawyer

The defense counsel's duty is not merely to attend hearings. The lawyer examines the investigation file, identifies points that have not been adequately investigated, requests the collection of favorable evidence, reveals contradictions in witness statements, and regularly reviews the detention status. How the defendant will make statements at hearings, which questions may be asked, and which documents will be submitted are also assessed together in advance. After the verdict, the lawyer also prepares the appeal and cassation petitions and follows the legal remedies process. In cases involving detained defendants, applications for objection to arrest and continued detention are also an important part of the defense.

Our Firm's Support

In High Criminal Court cases, we provide defense counsel for defendants and legal representation for victims, from the investigation stage through to appellate review. In cases heard primarily at the Bakırköy Courthouse, we follow the process while keeping our clients regularly informed. Every case is unique; it is not possible to predict a definitive outcome without concretely assessing the circumstances of the incident, the evidence, and the personal situation.