Criminal Law

During the prosecution phase, our scope of work includes managing defense and intervention claims, as well as preparing regional appellate (istinaf) and cassation (temyiz) applications.

Management of defense claims,
Management of intervention claims,
Regional appellate (istinaf) applications,
Court of Cassation (temyiz) applications.

Within the scope of our practice, we handle investigations and litigation concerning offenses against property, breach of trust, fraud, forgery, threats, defamation, intentional injury, reckless injury and manslaughter, offenses against the privacy of private life, unlawful acquisition or dissemination of personal data, misconduct in office, embezzlement, extortion, and other criminal law disputes.

Fraud, forgery, and breach of trust,
Threats, defamation, and assault offenses,
Privacy and personal data offenses,
Embezzlement, extortion, and misconduct in office.

Criminal Cases Intersecting with Guardianship Law

Kirişçi Law Firm also takes on cases where its practice in guardianship law intersects with criminal law. Infringements particularly targeting a child’s or incapacitated person’s life, bodily integrity, sexual inviolability, freedom, education, health, and property are not merely subjects of criminal investigation; they also yield significant legal consequences regarding custody and guardianship relationships.

In such cases, criminal law and guardianship law are not evaluated as two independent fields. The perpetrator or suspect of the subject offense may simultaneously be the child’s parent, guardian, or person responsible for their care and custody. In such instances, a clear conflict of interest arises between the child and the legal representative tasked with protecting their rights. Due to this conflict, it is essential that the child be independently represented throughout investigation and prosecution proceedings, evidence be collected, protective measures be requested, and the best interest of the child be safeguarded at all stages of trial.

Within the scope of guardianship or temporary legal representation (temsil kayyımlığı) duties appointed by the courts, our firm executes procedures to protect the rights and interests of children and incapacitated individuals who are direct victims of crime before Chief Public Prosecutor’s Offices, criminal courts, family courts, guardianship authorities, and relevant public institutions. Representation duties are not limited to attending hearings alone; they encompass the entire process from the inception of the investigation to the finalization of the judgment.

Domestic Offenses Against Children and Protective Measures

Acts such as intentional injury, maltreatment, deprivation of liberty, threats, defamation, and similar offenses committed against a child by family members may constitute a violation of protection obligations arising under family law in addition to criminal law. In such cases, effectively exercising the child’s rights to lodge complaints, submit evidence, benefit from protective measures, and participate in criminal proceedings is paramount.

In cases where our firm is appointed as guardian or temporary legal representative, we submit the necessary applications to ensure that the victimized child’s statements are duly taken during the investigation stage, forensic reports and other evidence are incorporated into the case file, protective measures are enforced, and proceedings against suspects are closely monitored. During the prosecution phase, we manage the processes of intervention in the lawsuit, evaluation of evidence, protection of victim rights, and filing necessary legal remedies.

In domestic violence cases, various implications under family law may arise alongside criminal investigations. Regarding a parent who inflicts violence upon or jeopardizes the safety of a child, measures such as restricting or revoking custody, restructuring personal relations, or establishing personal relations under supervision may need to be evaluated. Depending on the specific facts of the case, requesting protective and preventive measures—such as restraining orders, non-approach orders, refraining from harassment via communication devices, and remaining away from the child’s residence, school, or institution—may also be sought.

Sexual Abuse of Children and the Need for Independent Representation

The sexual abuse of a child by individuals within the family represents one of the most sensitive intersections between criminal law and guardianship law. Where the perpetrator is the child’s parent, relative, caregiver, or a member of the same family circle, standard representation and protection mechanisms within the family may prove insufficient. Proximity between the suspect/defendant and the child’s legal representative, or the legal representative’s inability to effectively protect the child’s rights, makes the need for independent representation even more distinct.

In these files, the core duty of the temporary legal representative (temsil kayyımı) is to ensure that the child has an independent representative in criminal proceedings. Representing the child at every stage of investigation and prosecution, taking statements in the presence of experts using methods that prevent secondary victimization, evaluating forensic interviews and health reports, preserving evidence, and enforcing necessary protective measures are essential components of this duty.

In cases involving suspected sexual abuse, ensuring the child remains in a safe environment, restricting contact with the suspect, and securing access to psychological support services are equally vital. Without awaiting the outcome of criminal proceedings, protective measures specific to family and guardianship law must be implemented without delay if the best interest of the child so requires.

Interference with the Right to Education

A child’s right to education is not a right that can be eliminated or indefinitely restricted through the exercise of custody rights. Parents are obligated to exercise parental authority not to impede the child’s education, but to support their physical, mental, moral, and social development.

Preventing a child from attending school, interrupting their educational life without a justified cause, hindering their relationship with educational institutions, or systematically depriving them of educational opportunities may be deemed a violation of care, supervision, and educational duties originating from family law. Depending on the nature of the act, initiating criminal investigations, submitting administrative applications to protect the child’s right to education, and requesting measures before family courts or guardianship authorities may be pursued.

In such circumstances, a balance must be struck between parental discretion and the best interest of the child. However, parental authority cannot be considered absolute or unlimited regarding practices that severely endanger the child’s development, render their right to education ineffective, or adversely impact their future. Depending on the persistence and severity of the violation, restricting custody rights, having specific decisions regarding the child’s education made by another representative, or appointing a temporary legal representative to the child may be considered.

Infringement upon the Right to Health Services

Infringing upon a child’s right to access health services is another critical area where criminal law intersects with family and guardianship law. Although parents hold the authority to make decisions regarding medical interventions on behalf of the child, this authority cannot be exercised in a manner that gravely jeopardizes the child’s life, healthy development, or right to medical treatment.

Particularly when health practices offering early diagnosis and treatment, mandatory medical examinations, or vital medical treatments are rejected without reasonable and medically acceptable grounds, a conflict of interest arises between the child’s best interest and the parents’ will. In procedures aimed at early diagnosis of genetic and metabolic diseases that could severely impact an infant’s health—such as heel blood screening—the primary assessment must be grounded in the child’s right to healthy development.

Behind the refusal of treatment or screening, factors such as lack of information, distrust in healthcare personnel, cultural or religious beliefs, financial reasons, or misinformation may exist. However, these grounds do not render lawful every decision that gravely imperils the child’s life or health. In circumstances where the best interest of the child is severely threatened, necessary applications must be filed before healthcare institutions, Chief Public Prosecutor’s Offices, family courts, and guardianship authorities.

Where parental conduct becomes the subject of a criminal investigation and a conflict exists between the child’s interests and those of the parent, appointing a temporary legal representative to independently protect the child’s rights is brought to the fore. The temporary legal representative performs duties such as assessing the medical necessity of health services, reviewing relevant reports, obtaining required court decisions, and monitoring the process aimed at safeguarding the child’s right to health.

Abuse of Guardianship Duties and Financial Infringements

Cases intersecting guardianship and criminal law are not limited solely to crimes committed against children. Instances involving the abuse of guardianship duties and resultant financial harm to the incapacitated person’s estate are also evaluated within this framework. Where a guardian uses an incapacitated person’s funds for personal needs, unlawfully withdraws money from bank accounts, misrepresents income and expenses, conducts transactions subject to judicial permission without authorization, or breaches accountability obligations, liability arises under both guardianship law and criminal law.

In such cases, bank records, movable and immovable property transactions, rental income, sale proceeds, financial reports submitted to court, and other financial documents are examined. If irregularities are identified, judicial remedies are pursued to remove the guardian, compensate for damages, implement protective measures regarding the estate, and file necessary criminal complaints.

Our Integrated Approach

In cases where guardianship and criminal law intersect, Kirişçi Law Firm prioritizes not only punishing completed crimes but also preventing risks that the child or incapacitated person may encounter in their future life. Criminal investigations, family court measures, and protective decisions of the guardianship authority are treated as complementary legal mechanisms.

In every specific case, the nature of the conflict of interest, the severity and persistence of the violation, and its impacts on the child or incapacitated person are evaluated individually. The objective is to independently represent persons in need of protection throughout judicial proceedings, terminate violations of their fundamental rights, and prevent exposure to similar risks in the future. In this regard, criminal cases intersecting with guardianship represent a specialized field of practice requiring the combined and coordinated application of both criminal and guardianship law.