Representation of Legal Entities in Criminal Investigations and Prosecutions

Article 249 of the Criminal Procedure Code clearly regulates how legal entities are represented during criminal investigations and prosecutions. In criminal cases conducted in the context of the activities of a legal entity, the entity’s governing body or an authorized representative may participate in the trial as a party or defense representative. In this context, the legal entity’s governing body or representative is entitled to the rights granted to defendants or complainants under the Criminal Procedure Code.

The legal entity's representative participating in hearings is entitled to defendant rights. The Criminal Procedure Code grants defense rights to representatives of legal entities to ensure defense rights. These rights include:

• The right to be informed about the alleged crime,
• The right to remain silent,
• The right to choose counsel,
• The right to notify relatives,
• The right to request collection of exculpatory evidence,
• The right to review the prosecution file,
• The right to meet with counsel,
• The right to attend public hearings.

When an offense is committed in the name of a legal entity, participation in the trial as the defendant in the capacity of the legal entity’s governing body or representative is not permitted. In such cases, the individual acting on behalf of the legal entity is tried directly as the defendant rather than being represented by the defense.

Attorney Hüseyin BAYAR, founder of Bayar Law Office, provides important insights into the representation and rights of legal entities in criminal procedure, emphasizing that all legal rights should be exercised effectively to protect the position of legal entities in the justice system.

Legal Notice: This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Office. Unauthorized use or copying is prohibited.