White-Collar Crime Defence
White-collar crime can expose company executives and employees to criminal investigation because of commercial activities, financial reporting, information security or personal data. In these files, we represent clients before the public prosecutor and the police during the investigation, and set and conduct the defence strategy at the prosecution stage after the indictment.
What is white-collar crime?
White-collar crime is a term for non-violent offences, usually committed for financial gain in business life and often by using the opportunities a professional position provides. Breach of trust, fraud, forgery of documents, tax evasion, offences against information systems, unlawful recording or obtaining of personal data, and capital markets offences can be counted in this category.
Under Turkish law, criminal penalties cannot be imposed on legal entities; criminal liability lies with the individuals who commit or take part in the act, often executives. That said, the security measures provided by law may be ordered against the company, and the same act may also lead to a separate administrative fine for the company.
What are your rights during the investigation?
A person summoned to give a statement as a suspect has the right to the assistance of defence counsel, the right to remain silent and the right to request that evidence in their favour be gathered. The statement is one of the most important stages shaping the course of the investigation; the file, the allegation and the documents should therefore be assessed with a lawyer before the statement is given.
Scope
- Defence and representation in white-collar crime arising from acts relating to trade, financial reporting, information security or personal data
- Representation before the public prosecutor and the police in criminal investigations, and setting effective defence strategies at the prosecution stage after the indictment
- Handling the company’s complaint and intervention as a victim of crime
- Coordinating administrative and civil proceedings connected with the criminal investigation
How We Work
- Reviewing the allegation, the evidence on file and internal company documents
- Preparation before the statement and attendance as defence counsel during it
- Identifying exculpatory evidence, requests for expert examination and the defence strategy
- Attending hearings and presenting the defence at the prosecution stage
- Conducting appeal and cassation proceedings
Team
Frequently Asked Questions
Can a company executive be punished for a transaction made on the company's behalf?
Yes. Criminal liability is personal; if the elements of an offence are present in a transaction made on the company's behalf, the executive who committed or took part in the act may be held liable. The executive's role in the decision, their knowledge and their intent are at the centre of the defence.
Can we attend the statement without a lawyer?
It is legally possible but not recommended. In white-collar cases, allegations often rest on technical documents, and an answer given in the statement may later be used as evidence against the person. Defence counsel can attend the statement and assess the documents on file in advance.
Does making good the loss affect the penalty?
For certain offences against property, such as breach of trust and fraud, making good the loss before the prosecution starts or before judgment can significantly reduce the penalty under the effective repentance provisions. Some offences are also subject to victim-offender reconciliation. These options need to be assessed in time.
Our company was harmed by an employee's crime. What can we do?
The company can file a complaint with the public prosecutor as a victim and join the prosecution as an intervening party. Bringing a civil action for compensation and taking the necessary steps to prevent evidence from being lost should also be considered.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
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