The police may get involved in the matter in various ways including the following:

• when responding to a criminal allegation/denunciation
• when called by the public prosecutor and during the investigation phase and/or
• when on duty if they encounter a criminal act or evidence thereof

The victim and the suspect/accused are both entitled to have lawyers during the course of the investigation and prosecution proceedings. Such lawyer can be an attorney of a law firm.

The victim is not required to have a lawyer. The victim may request assignment of a lawyer for sexual assault crimes and crimes with penalties starting from five years of imprisonment. In such case, a lawyer is assigned by the relevant bar upon request.

If the victim or the individual affected by the crime is a child (under the age 18), deaf or mute, or is not mentally able to express or defend themselves, a lawyer is assigned without need for a request in this regard.

For criminal proceedings, there is a presumption of innocence until proven guilty.

The judge is obligated to search for the factual truth; therefore, neither the public prosecutor nor the accused has the burden of proof. However, the judge is also obligated to take into consideration any factual aspects set forth by the public prosecutor or the accused during the course of criminal proceedings.

According to Article 8/3 of Law No. 6284, no proof or documents evidencing violence is required to obtain protection orders.

In addition, according to Article 190 of the Turkish Code of Civil Procedure, the burden of proof, unless otherwise set out by law, is on the party setting forth a claim and for whose interest such claim will serve.

Article 217 of the Turkish Criminal Code sets out that everything may be considered as evidence provided that it is obtained lawfully.

The request to present evidence is denied if:

• evidence is unlawfully obtained
• the fact to be proven by the evidence is not relevant to the decision
• the request to present evidence is made only for the purposes of delaying the proceedings

If the public prosecutor and the accused or their lawyer agree, witnesses or certain evidence may be omitted.

Article 21 of the Turkish Criminal Code sets out that the existence of a criminal offense depends upon the presence of intent. Intent is defined as knowingly and willingly conducting the elements in the legal definition of an offense.

Probable intent, which refers to when an individual conducts an act while foreseeing that the elements in the legal definition of an offense may occur, is also punishable. Accordingly, in the case of probable intent, punishments are reduced, such as life imprisonment in place of aggravated life imprisonment (i.e., life imprisonment with tight security measures). Offenses that require a penalty of life imprisonment are imposed for a term of 20 to 25 years of imprisonment and otherwise the penalty is reduced by one-third to one-half.

According to Article 267 of the Turkish Criminal Code, any person who accuses another person of committing an act contrary to the law in order to secure the implementation of an administrative sanction or the commencement of an investigation and prosecution by submitting a complaint or notification to the relevant authorities or through the press or broadcasting, despite the person knowing that the other person did not commit such act, can be sentenced to imprisonment for a term of one to four years. If evidence was made up in respect of the crime, the penalty is increased by one-half.

Consent is not explicitly defined in the above legislation. Article 26 of the Turkish Criminal Code states that no penalty will be imposed for an act committed as a result of the declared consent of another person, provided that such person has the full authority to give consent on the matter. To that end, however, a person cannot give consent against their right to live.

Self-defense is a legitimate defense under Turkish law. According to Article 25 of the Turkish Criminal Code, no penalty is imposed upon an offender when the act is necessary to repel an unjust assault that is directed, carried out, certain to be carried out or to be repeated against a right to which such offender, or another individual, is entitled, provided such acts are proportionate to the assault, taking into account the situation and circumstances applicable at the time.

Further, no penalty is imposed upon an offender if the act in question is committed out of necessity, in order to protect against a serious and certain danger not knowingly caused by the offender, which is directed at a right to which the offender or another individual is entitled and where there is no other means of protection, provided that the means used are proportionate to the gravity and subject of the danger.

According to Article 32 of the Turkish Criminal Code, no penalty is imposed on a person who, due to mental disorder, cannot comprehend the legal meaning and consequences of the act committed, or if, in respect of such act, the offender's ability to control their own behavior is significantly diminished. However, security measures are imposed for such persons.

In cases that are clearly stated in the law, the person who has been called as a witness has the right to refuse to testify. In the event that there are grounds for refusal to testify for personal reasons, the judge must remind in advance that anyone called as a witness has the right to abstain from testifying as a witness. The abstention may also relate only to responding to certain questions, such as providing responses that may be go against the interests of the witness's close kin.

The fiancée, fiancé, spouse (even if the marriage bond is severed), lineal blood relatives or lineal kinship by marriage, foster children, adoptive parents, up to third degree blood relatives and up to second degree kinship by marriage of the suspect or accused may refuse to testify. Severity of the crime is not taken into consideration in respect of the witnesses' right to abstain from testifying.

Court practice shows that children can be called upon to testify in court; however, they would have the right to refuse if the child witness is somehow related to the suspect or accused as described above. Note that children under the age of 15 at the time of the hearing cannot be sworn in.

Further, according to Article 52 of the Turkish Criminal Procedure Code, the testimony of children who are victims must be heard as visual and audio recordings. This is to save them from having to repeat their testimony, given the delicate nature of childhood trauma. To that end, a child's testimony relating to domestic violence must be heard as a visual and audio recording.

Individuals who are not capable of understanding the importance of refraining from testimony because of their minor age, mental illness or mental weakness, may testify if their legal representatives give consent.

It is also possible to refrain from testifying due to an individual's professional relationship with the accused, including but not limited to lawyers, notaries, doctors and accountants. Note that, save for lawyers, their interns or assistants, a witness cannot refrain from testifying if the relevant individual has given consent for such testimony.

In a domestic violence action, a witness can refrain from testifying if the testimony is against the witness's self-interest or they are individuals set out in our second response under 5.4.

There are no specific rules for children's testimony regarding domestic violence. Please see our second response under 5.4 for protection of children who are testifying.

First-time domestic violence offenders may request the postponement of the execution of prison sentences of three years for crimes committed intentionally and prison sentences of five years or less for crimes committed involuntarily. Postponement (a supervision period that the convict will have to complete in good conduct or, in certain cases, by fulfilling certain obligations) may be applied twice at most without exceeding one year each time.

Further, the sentences against those who have committed an offense for the first time or who are sentenced to imprisonment for two years or less may be executed directly in open penal execution institutions (i.e., open prison).

There is also a possibility for the defendant to be released on probation if the defendant demonstrates good behavior while in prison.

In order to be considered for release on probation, the institution in which the defendant is being held must submit a report to the court. If the court agrees, the defendant must be conditionally released. An appeal may be filed if the court does not agree to conditional release.

Under the Turkish Criminal Code, two types of penalties may be imposed: judicial fines and imprisonment. If the Turkish Criminal Code allows for a judicial fine for the criminal action in question, the court is obliged to sentence accordingly.

The court may also sentence to judicial fines if allowed under the law. For example, for crimes committed with willful intent, prison sentences of one year or less can be converted into judicial fines. Further, the court in some cases may decide to both fine and imprison the perpetrator.

There are many crimes that may be of subject due to domestic violence including but not limited to the below.

Murder

According to Article 82 of the Turkish Criminal Code, if intentional murder is committed (i) against a direct ascendant, direct descendant, spouse or sibling; (ii) against a child or against somebody who cannot protect themselves physically or mentally; (iii) against a pregnant woman, in the knowledge of such pregnancy; or (iv) with the motive of tradition; the offender will be sentenced to aggravated life imprisonment (which is a decreased penalty for intentional murder).

Inciting suicide

According to Article 84 of the Turkish Criminal Code, any person who incites, or encourages, another person to commit suicide, or who strengthens an existing decision to commit suicide, or who, in any way, assists a person in committing the act of suicide, will be sentenced to imprisonment for a term of two to five years. The penalty is aggravated if (i) the person committing suicide dies or (ii) the crime is committed publicly. Further, if the crime is committed against individuals whose capacity to understand the meaning and consequences of the act is compromised or lacking, or by using threat or force, the offense will constitute intentional murder.

Intentional injury

According to Article 84 of the Turkish Criminal Code, if intentional injury is committed against (i) a direct antecedent, direct descendent, spouse or sibling or (ii) against a person who cannot defend themselves physically or mentally, the penalty to be given (a penalty of imprisonment for a term of one to three years or if the injury is minor, a penalty of imprisonment for a term of four months to one year, or a judicial fine) will be increased by one-half and will not require a complaint. The penalty is increased depending on the outcome, including early labor or loss of an unborn child.

Torment

According to Article 96 of the Turkish Criminal Code, torment of another person will be punished by imprisonment for a term of two to five years. If the torment is committed against a direct ascendant, direct descendant, adoptive parent or spouse, imprisonment for a term of three to eight years will be imposed.

Ill treatment

According to Article 232 of the Turkish Criminal Code, any person who mistreats a person that they are living with in the same dwelling will be sentenced to imprisonment for a term of two months to one year. Any person who improperly uses the right to enforce discipline, deriving from their right to educate a person who is under their control or for whose growth, education, care, protection or training for a profession or trade that person is responsible from, will be sentenced to a penalty of imprisonment for a term of up to one year.

According to Article 19 of Law No. 6284, if the offender violates any provision of the order of protection, such offender will be subject to preventive imprisonment from three to 10 days by the judicial decision, depending on the nature and severity of the violated measure, even if the act constitutes another crime.