Current Evaluations

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July 2026 · In Turkish

The Undercover Investigator: The Limits of Article 139 of the CCP and the Problem of Unlawful Evidence

The undercover investigator measure, frequently encountered in narcotics, arms trafficking and organised crime files, is one of the most narrowly circumscribed protective measures in our criminal procedure law. In practice, however, we come across files in which those limits are not sufficiently observed. Below we address the statutory framework of the measure, the case law of the General Criminal Assembly of the Court of Cassation, the Constitutional Court and the European Court of Human Rights, and the points the defence must scrutinise.

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July 2026 · In Turkish

Laundering of Proceeds of Crime and Financing of Terrorism: TPC Art. 282 and Laws No. 6415 and 5549

Laundering is an offence that cannot stand on its own in Turkish criminal law; it always rests on a predicate offence. The financing of terrorism, by contrast, is deemed complete even where the funds have never been used. The asset freezing and seizure regime built around these two offences is spread across three separate statutory routes, and the most frequent mistake in practice is applying to the wrong authority and missing the deadline. Below we address the framework both for suspects and defendants and for obliged institutions.

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July 2026 · In Turkish

Illegal Betting and Gambling: Law No. 7258 Art. 5, TPC Art. 228 and the Account Renting Problem

Illegal betting legislation gathers into a single provision acts that resemble one another but whose consequences are diametrically opposed. For the person placing a bet the result is an administrative fine, while for the person intermediating the transfer of money it is imprisonment starting at three years. What determines the line between them is most often the proof of intent. Below we address the framework both for individual suspects and defendants and for payment and financial institutions.

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