Criminal law

Criminal law is the department of public law that examines the concepts of crime and punishment.

Individuals may be victims of the behavior of others in the society or may be exposed to unfair accusations against them. Such cases are within the scope of criminal law. The function of criminal law, which regulates specific sanctions for the behavior of natural persons, is primarily to ensure the order of society and to regulate the relations of individuals.

The purpose of the criminal law is also included in Article 1 of the TPC No. 5237. According to this; “The purpose of the criminal law is to protect individual rights and freedoms, public order and security, the rule of law, public health and environment, public peace, and to prevent crime. In order to achieve this purpose, the basic principles of criminal responsibility and crimes, types of punishment and security measures are required. edited”.

Criminal law protects these legal values ​​through criminal definitions. Usul Law Firm, which is experienced in the field of Criminal Law and Criminal Cases, provides legal consultancy as well as advocacy services to its clients, victims, suspects and accused clients at every stage of the investigation and prosecution.

ATTORNEY SERVICES;

Providing all kinds of legal support to persons who are both complainants and suspects during the investigation phase,
Follow-up of the works in the Criminal Judgeship of Peace and detention review hearings,

Criminal judgeship of peace, with its former state, the criminal court of peace, acts as a judge/court that examines some investigation proceedings and objections to these proceedings and objections to some administrative actions (for example, objections to administrative fines) according to the Criminal Procedure Law No. 5271. .

Criminal cases of first instance,

The Criminal Court of First Instance is a court responsible for trying crimes punishable by imprisonment of ten years or less. The Criminal Court of First Instance deals with all criminal cases and matters for which other courts are not authorized by other laws.

heavy criminal cases,

It is the duty of the heavy penal court to hear the cases regarding the crimes punishable by aggravated life imprisonment, life imprisonment and imprisonment of more than ten years, that is, all crimes with an upper limit of more than 10 years. (Law No. 5235, art. 12).

military criminal cases,

The subject of military criminal law is the examination of the crimes written in the military penal code and other military laws and the sanctions to be applied to them. Military criminal law; It is a branch of public law that covers military criminal and disciplinary cases and contains legal regulations on this subject.

Enforcement Criminal Cases,

With the enforcement penalty provisions, it is aimed to ensure that the debtor fulfills his legal obligations and to prevent the debtor from acting in bad faith.

Transactions due to a check complaint and negotiation with creditors and disputed cases that may arise from all kinds of Criminal Law.

Financial Criminal Law

It offers effective solution methods to its real and legal person clients in tax, customs and smuggling crimes and financial crimes arising from other penal laws; We follow up and conclude the investigations and lawsuits opened in this field by defending the rights of our clients at the highest level. In addition to its specific studies and expertise in this field, our team provides result-oriented legal services to its clients within the framework of cooperation developed with Turkey’s leading experts in the field of customs and tax.

Informatics, Communication and Media Law

As Usul Law Firm, within the framework of the deep experience we have gained as a result of the legal services we have given to hundreds of our clients; Following the latest developments in the field of information technology law, enforcement of the right to reply and correction and legal applications required in this field, protection of personal data, protection of the privacy of private life and communication, crimes committed through the media and computer crimes, violations of intellectual and industrial rights via the Internet, We provide effective legal services in the fields of content removal.

Execution Law

Although Enforcement Law is a branch of Criminal Law, it is the branch of law that determines the procedures of this process, which explains how and in what way imprisonment, judicial fines and security measures will be executed in the conviction decisions given by the Criminal Courts. Our team also provides effective and fast solution-oriented technical support and consultancy in the field of execution law to our citizens who have been convicted at the end of criminal proceedings.

Enforcement/Bankruptcy Law

In the event that the debtor does not pay his debt, the branch of law that determines how the debt will be collected by the state upon the request of the creditor is called execution and bankruptcy law. Creditors whose receivables are not paid on time by the debtor cannot collect their receivables by force. In this case, coercion (forced execution) against the debtor can only be made by the public authority and within the framework of the law. Our clients are provided with transparent and reliable services by attorneys experienced in Enforcement and Bankruptcy Law by Usul Hukuk.

Lawsuits and Affairs concerning Enforcement and Bankruptcy Law:

Execution and bankruptcy proceedings for the collection of receivables,
Execution proceedings for the collection of receivables based on current account and invoice,
For the collection of receivables arising from finance, loan and leasing contracts, enforcement proceedings,
Actions for annulment of objection,
Negative clearance and restitution cases,
Bankruptcy and postponement of bankruptcy cases,
Debt objection and remuneration lawsuits,
Eviction cases,
Ecrimisil cases and cases against intervention,
Precautionary attachment lawsuits, provisional attachment objection lawsuits,
Lawsuits arising from lease agreements,
Converting the mortgage into cash
Mine foreclosure lawsuits,
Tender cancellation cases

Types of Enforcement Proceedings:

Prompt enforcement proceedings
Improper enforcement proceedings
Exchange tracking
pledge tracking
mortgage tracking
Rental tracking
Child delivery tracking
Alimony follow-up

Types of Foreclosure:

Final (Executive) Lien: It is the type of lien that authorizes the sale after the follow-up is finalized.
Temporary Seizure: It can be requested if the objection is temporarily lifted.
Additional Seizure: It can be demanded if the seized property does not cover the entire receivable.
Completion Seizure: It is made if the executive director values ​​the seized property incorrectly.
Precautionary Lien: It is preferred when it is desired to secure the receivable.

The type of the debt and the legal relationship between the creditor-debtor

Accordingly, one of the above types of lien will be processed.

What is the Enforcement Criminal Court?

The special court, which is responsible for adjudicating the crimes defined between Articles 331 and 345 of the Enforcement and Bankruptcy Law and related to the enforcement law, is called the enforcement criminal court. Enforcement criminal courts are only in charge of dealing with cases related to enforcement and bankruptcy, as they are criminal courts under special laws. In this context, the cases that can be handled by the enforcement court are listed as follows;

The crime of reducing the debtor’s assets in order to harm his creditor
The crime of incapacitating or aggravating the debtor’s condition
The crime of obtaining special benefits in bankruptcy and concordat affairs
The crime of responsibility of the manager in the commercial enterprise
The crime of erring the authorized persons in restructuring by concordat or compromise.
Crimes committed by those who do not give the bankrupt’s property
crime of illegally abandoning trade
crime of making false statements
crime of breach of commitment
The crime of violating the child delivery order
The crime of re-entering the immovable or ship delivered by the enforcement office
The crime of not complying with the provisions of articles 30 and 31 of the enforcement bankruptcy law
The crime of non-payment of alimony or non-compliance with alimony decisions
crime of withdrawal

In order to be prosecuted in enforcement and bankruptcy cases, the enforcement criminal court seeks the condition of complaint. The person who will make the complaint must make the complaint within three months at the latest from the date of learning about the crime. If the act constituting a crime is learned later, the complaint must be filed within one year from the date of the crime.

What is Bankruptcy?

Anyone who operates a commercial enterprise, even partially, on his own behalf is called a merchant. The collective liquidation method, which ensures the payment of the receivables of all known creditors of a merchant by converting all the seized goods into money, is called legal bankruptcy. Bankruptcy only applies to traders. While no one can demand the execution for himself, the merchants can claim the bankruptcy for themselves. There are two reasons for bankruptcy under the law. The general reason is that the trader’s debt is due and he does not pay his debt.

The specific reasons for bankruptcy are as follows;

The capital company’s liabilities are more than its assets
The existence of the estate is not enough for its debt
In the follow-up made through foreclosure, half of the debtor’s assets are out of hand and the remaining assets are not sufficient to meet the debts that are due and will be due within a year.

Who We Are

Usul Hukuk is an independent law firm that provides the legal support needed by its clients in Turkey, USA, Europe, North Africa and Gulf countries with its lawyers specialized in all fields of law.

Usul Hukuk, which provides legal consultancy to Turkey’s most important industrial organizations and companies operating in international fields from many sectors, and updates itself in constantly changing fields in the world and in Turkey, provides services to its clients within an organized system with its lawyers and employees who specialize in different fields.

Global Team. World class achievements.

Kaan Özçelik

FOUNDING LAWYER

He settled in Doğuş University Faculty of Law in 2011, graduated in 2015 and started to practice as a lawyer. Kaan Özçelik, who also continued his master’s degree in private law at Doğuş University, specializes in Capital Market Law, in particular the public offering of companies and their listing on the stock exchange. He also works on Commercial Law, Cryptocurrency Law, Mining Law, Urban Transformation Law, Rental Law and KYC (Know Your Costumer) procedures by actively consulting companies. He speaks English.

Adem Gökmen

LAWYER

He settled in the Department of International Relations at Istanbul Bilgi University in 2011, completed his education with a double major program at the Faculty of Law with the second place in the department, and started working as a lawyer in 2017. Specializing in Law of Obligations, Family Law, Execution and Bankruptcy Law, Banking and Finance Law, Adem Gökmen works on Fintech – Electronic Money Banking Law and KYC (Know Your Costumer) procedures. He speaks English.

Bilal Tarı

LAWYER

He settled in Doğuş University Faculty of Law in 2011, graduated in 2015 and started to practice as a lawyer. Bilal Tarı, who specializes in Commercial Law, Law of Obligations, and Family Law, works in the fields of Professional Athlete and Technical Team Contracts and Arbitration Law in the field of Sports Law.

Önder Meydan

LAWYER

He settled in Kocaeli University Faculty of Law as the second in 2011 and started to practice law after graduating in 2015. Önder Meydan also works in the field of Enforcement Law, which carries out litigation and business follow-up in many areas of law, including Criminal Law, Law of Obligations, Law of Persons, Enforcement and Bankruptcy Law.

Miray Kebabcı

STAJYER AVUKAT

He settled in the Faculty of Law of the European University of Lefke in 2017 and graduated in 2021. Miray Kebabcı continues her compulsory legal internship at Usul Law & Consultancy.

Şevval Demirezen

PSİKOLOJİK DANIŞMAN

He settled in Maltepe University Psychological Counseling and Guidance Department in 2017 and completed his education in Psychology with a double major program. He serves as a psychological counselor.

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