Cases Requiring Compulsory Legal Representation

Cases Requiring Compulsory Legal Representation | Criminal Defense Attorney | Lawyer in Izmir | Law Firm in Izmir

What is Compulsory Legal Representation?

Cases requiring mandatory legal representation, Code of Criminal Procedure This is determined within the scope of Article 150, and it has been stated that the details regarding this matter will be regulated within the scope of the Regulation on the Procedures and Principles for the Appointment of Defense Lawyers and Representatives and the Payments to be Made Pursuant to the Criminal Procedure Code. In short, compulsory legal representation is the institution where the Bar Association appoints a lawyer to individuals in need or requiring legal assistance.

Furthermore, according to Article 6/3-c of the European Convention on Human Rights; “Everyone accused of a crime has the right to defend himself in person or to have the assistance of a lawyer of his own choosing; and if he lacks the financial means to afford a lawyer, he may have the assistance of a lawyer appointed ex officio, free of charge.” They have this right. In this context, the European Court of Human Rights has issued violation decisions regarding many different cases where the right to access a lawyer was restricted.

So, under which Code of Criminal Procedure and in which cases is mandatory legal representation stipulated?

• The suspect or defendant is unable to choose legal counsel.

Criminal Procedure Code Article 150 - (1) “The suspect or defendant is asked to choose a defense counsel. If the suspect or defendant declares that he/she is unable to choose a defense counsel, a defense counsel is appointed upon request.”

• If the suspect or defendant is a child, incapacitated to the extent that they cannot defend themselves, or deaf and mute.

Criminal Procedure Code Article 150- (2) “If the suspect or defendant does not have a defense counsel; if he/she is a child, disabled to the extent that he/she cannot defend himself/herself, or deaf and mute, a defense counsel shall be appointed without his/her request.”

• Crimes that carry a minimum sentence of more than five years imprisonment.

Article 150 of the Criminal Procedure Code - (3) "The provision of the second paragraph shall apply in investigations and prosecutions for crimes that require a minimum sentence of more than five years of imprisonment."“

Examples of crimes that can be committed by an organization include: intentional homicide, organ or tissue trafficking, abortion, sexual assault, child sexual abuse, sexual intercourse with a minor, facilitating the use of narcotics or stimulants, occupation of fixed platforms on the continental shelf or exclusive economic zone, embezzlement, extortion, recruiting soldiers against a foreign state, providing material and financial assistance to an enemy state, armed rebellion against the Government of the Republic of Turkey, armed organization, supplying weapons, political or military espionage, exploitation of state secrets, and disloyalty in state service.

• Matters determined by the Regulation on the Procedures and Principles for the Appointment of Defense Counsel and Representatives and the Payments to be Made Pursuant to the Criminal Procedure Code.

Criminal Procedure Code Article 150- (4) “Other matters related to compulsory defense shall be regulated by a regulation to be issued after obtaining the opinion of the Turkish Bar Association.”

For detailed information on this matter, please contact your local bar association. Contact You can contact us through this page.

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