Rights of Suspects and Defendants in the Crime of Theft
Right to Remain Silent: The suspect or defendant is not obliged to answer any questions that will incriminate him/her.
Right to Hire a Lawyer: The suspect or defendant has the right to hire a lawyer and meet with his/her lawyer at every stage.
Right to Access Evidence: The defendant has the right to access and examine all evidence in the file.
Right to Defense: The defendant has the right to defend himself/herself both verbally and in writing.
Right to Hear Witnesses: The defendant has the right to hear and question witnesses who testify against him/her.
Right to Request an Expert: The defendant has the right to request an expert when necessary.
Right to Appeal: If the decision is deemed unfair, the defendant has the right to appeal.
Defense Strategies in Theft Crimes
Defense strategies that can be applied in theft crimes vary depending on the nature of the incident and the available evidence. The following strategies can be listed in general:
Claiming that the Crime Did Not Occur:
It can be argued that there is not enough evidence that the item was taken for the purpose of theft.
It can be claimed that the item is already the defendant’s property or that he/she has permission to use it.
Claiming No Fault:
What the defendant did, thought and intended at the time of the incident can be explained in detail.
It can be argued that the defendant has no or diminished criminal capacity.
Unlawful Necessity or Extreme Mental Provocation:
It can be argued that the defendant was in a difficult situation at the time of the incident and had no other choice.
Error of the Competent and Competent Court:
The Case Has Been Statuted for Limitations:
Invalidity of Evidence:
It can be claimed that the proper procedure was not followed during the collection of evidence.
It can be stated that the evidence is not convincing or can be interpreted in another way.