The Role of Criminal Defense Lawyers in Corporate Investigations

Koca Avukatlık Bürosu
4 days ago
3 min read

🔍 Introduction

In today’s business climate, corporate entities are increasingly exposed not only to commercial risks but also to criminal liability. In Türkiye, public prosecutors may initiate criminal investigations against company executives, board members, or employees in cases involving allegations such as:

Embezzlement
Tax evasion
Commercial fraud
Document forgery
IT crimes (under Law No. 5651)

Such investigations can result in significant damage to the company’s reputation, operations, and internal trust. At this critical point, the presence of a criminal defense lawyer becomes not only a legal necessity but a strategic requirement.

⚖️ When Does the Criminal Defense Lawyer Step In?

1. Pre-Investigation Legal Risk Management

In Türkiye, prosecutors may launch preliminary investigations based on anonymous tips, audit findings, or complaints from competitors or regulators.

Even before any official notification is made, a company lawyer should:

✔ Conduct a legal risk assessment

✔ Protect potential evidence from mishandling

✔ Prepare executives and accounting departments

📝 Example: A logistics firm faced allegations of VAT irregularities. Before the prosecutor’s summons, the company's legal counsel reviewed internal records and advised on communication protocols, preventing procedural violations.

2. Search, Seizure & Statement Phases

The most delicate stage of any investigation is often the moment when police conduct a search and seize company documents or devices, followed by calls for statements by executives.

📝 Example: A tech company was accused of disclosing trade secrets. The prosecutor authorized a search warrant, and devices were seized. The company’s attorney arrived at the scene, monitored the inventorying process, and advised the CEO during questioning to avoid self-incrimination.

In such cases, the lawyer:

✔ Ensures legality of the search & seizure

✔ Protects the rights of the individuals involved

✔ Strategizes responses during formal interviews

3. Evidence Review and Defense Strategy

After reviewing the case file, the lawyer's role extends beyond courtroom defense. A qualified defense counsel in Türkiye must:

Examine accounting and tax records
Challenge the scope of forensic reports
Identify procedural violations or unlawful evidence gathering

📝 Example: An urban development company faced criminal charges under Article 184 of the Turkish Penal Code for illegal construction. However, the lawyer demonstrated that the project had received misleading approvals from the municipality. The court ruled in favor of acquittal.

4. Reputation Management and Stakeholder Communication

In corporate cases, criminal proceedings are also PR crises. Investors, clients, and even employees may react negatively if proper communication is not maintained.

A corporate lawyer's function often includes:

✔ Guiding internal announcements

✔ Preparing structured briefings for shareholders

✔ Coordinating legal responses for media disclosures (if needed)

📘 Why Technical Legal Expertise Matters

Criminal investigations involving companies in Türkiye typically relate to:

TCK 155 – Abuse of trust
TCK 204 – Forgery of official documents
TCK 247 – Embezzlement by public officers
TCK 157 – Fraud
Law No. 213 – Tax offenses
Law No. 5651 – IT crimes

The defense attorney must:

✔ Be familiar with Turkish Penal Code (TCK) articles

✔ Understand tax and financial reporting standards

✔ Strategically navigate the procedural code (CMK)

🧭 Final Thoughts: Crisis-Resilient Legal Support

A criminal investigation into a company in Türkiye demands quick, strategic, and legally sound intervention. Early mistakes—such as misstatements by executives or overlooked procedural rights—can lead to irreversible outcomes.

At Koca Avukatlık Bürosu, based in Ankara, we offer comprehensive criminal law services tailored to companies, executives, and professionals involved in complex legal processes.