Part 1 Basic Provisions

Chapter 7 Defense Attorney

Article 45

Mandatory Defense

A suspect shall have a defense attorney at the first questioning if he is mute or deaf or if he is offense for which a penalty of long-term imprisonment may be pronounced.

A suspect or accused must have a defense attorney while deciding the proposal for ordering pre-trial custody, throughout the pretrial custody.

After an indictment has been brought for a criminal offense for which a prison sentence of
ten (10) years or more may be pronounced, the accused must have a defense attorney at the time of the delivery of the indictment.

If the suspect, or the accused in the case of a mandatory defense, does not retain a defense attorney himself, or if the persons referred to in Article 39, Paragraph 3, of this Code do not retain a defense attorney, the preliminary proceeding judge, preliminary hearing judge, the judge or the Presiding judge shall appoint him a defense attorney in the proceedings. In this case, the suspect or the accused shall have the right to a defense attorney until the verdict becomes final and, if a long-term imprisonment is pronounced for proceedings under legal remedies.

If the Court finds it necessary for the sake of justice, due to the complexity of the case, or the mental condition of the suspect or the accused or the other circumstances, it shall appoint an attorney for his defense.

In the case of appointing a defense attorney, the suspect or the accused shall be asked to
select a defense attorney from the presented list himself. If the suspect or the accused does not select a defense attorney from the presented list himself, the defense attorney shall be appointed by the Court following the order of the list of attorneys.

If the requested attorney is unable to take over the defence, the Court shall request the next attorney from the list of attorneys. The Court shall inform the relevant bar association about the refusal of the requested attorney to assume the ex officio defence

Part 1 Basic Provisions

Chapter 7 Defense Attorney

Article 46

Appointment of Defense Attorney for the Indigent Person

When conditions are not met for the mandatory defense, and the proceedings are conducted for an offense for which a prison sentence of three (3) years may be pronounced or more or when the interests of justice so require, regardless of the prescribed punishment, a defense attorney shall be assigned to the accused at his request if, due to an adverse financial situation, he is not able to pay the expenses of the defense.

The request for appointment of a defense attorney referred to in Paragraph 1 of this Articlepursuant to Article 45, Paragraph 6 may be filed at any time during the criminal proceedings. The preliminary proceeding judge, preliminary hearing judge, the judge or the Presiding judge pursuant to Article 45,
Paragraph 65 shall appoint the defense attorney after the suspect or the accused was given an opportunity to select a defense attorney from the presented list.

The Request for Appointment of a Defense Attorney due to adverse financial situation shall be recorded in the case file. After having established the financial situation of the suspect or accused, the Court shall issue a decision on the request without delay.

Chapter 23 Regular Legal Remedies

Section 1 Appeal Against the First Instance Verdict

Article 297

Essential Violations of the Criminal Procedure Provisions

(1) The following constitute an essential violation of the provisions of criminal procedure:

(d) if the right to defense was violated;