Paylaş: What Are the Authorities of a Defense Counsel?
Under Article 153 of the Turkish Criminal Procedure Code, defense counsel has the right to examine investigation files and obtain document copies during the investigation phase. This authority is essential to ensure fair trial standards and effective representation.
Limitations on File Examination Authority
The prosecutor may request a judge to restrict file access for defense counsel if there is a risk of compromising the investigation. However, this restriction applies only to serious crimes such as:
- Intentional Homicide (Articles 81, 82, 83),
- Sexual Assault (Article 102, except paragraph one),
- Sexual Abuse of Children (Article 103),
- Drug Production and Trafficking (Article 188),
- Establishing a Criminal Organization (Article 220),
- Crimes Against State Security (Articles 302-308),
- Crimes Against the Constitutional Order (Articles 309-316),
- Espionage and Crimes Against State Secrets (Articles 326-337),
- Firearm and Weapon Smuggling (Law No. 6136, Article 12),
- Embezzlement under Banking Law (Article 160 of Law No. 5411),
- Smuggling Crimes under the Anti-Smuggling Law (Law No. 5607).
No restriction applies to interrogation transcripts, expert reports, or judicial records where the suspect or their defense has the right to be present.
Other Authorities of Defense Counsel During Prosecution
Following indictment acceptance, defense counsel gains access to the full case file and evidence, and can obtain copies without charge. The victim's counsel is also entitled to these rights.
Right to Be Present at Trial and Communication Rights
The defense counsel has the right to attend all hearings, even in the defendant’s absence. Additionally, Article 154 entitles the suspect or defendant to meet with their counsel anytime without restriction, and such communications cannot be monitored. However, in specific cases, communication rights may be restricted for 24 hours upon judicial approval.
Right to Question and Respond to Statements
According to Article 201, defense counsel can directly question the defendant, witnesses, and other individuals during trial. Furthermore, Article 216 allows the defense to respond to statements by the prosecutor and other parties, ensuring balanced representation.
Right to Appeal
Article 261 grants defense counsel the right to file appeals, provided it does not contradict the explicit wishes of their client.
This article was written by Attorney Hüseyin Bayar, founder of Bayar Law Firm, explaining the rights and powers granted to defense counsel under the Turkish Criminal Procedure Code.
