English

INDEPENDENT FORENSIC EXPERT OPINIONS

I am a Professor of Forensic Medicine at Istanbul University, Istanbul Faculty of Medicine. Since 2001 I have provided independent expert opinions to Turkish courts in criminal and civil proceedings.

I work with foreign counsel and with parties abroad on cases that involve Turkish medical records, Turkish forensic reports or proceedings before Turkish courts. Reports are prepared in English or Turkish.

25+
YEARS OF PRACTICE
55+
PUBLICATIONS
57
CONFERENCE PAPERS
2
SPECIALTIES

What is a “scientific expert opinion” in Turkish procedure?

Turkish law distinguishes between a court-appointed expert and a party-instructed expert. The court-appointed expert (bilirkişi) is instructed by the court itself. A party-instructed expert opinion (bilimsel mütalaa or uzman görüşü) is commissioned by one of the parties and submitted to the file.

The statutory basis is Article 67 and Article 68 of the Code of Criminal Procedure (CMK, Law no. 5271) for criminal proceedings, and Article 293 of the Code of Civil Procedure (HMK, Law no. 6100) for civil proceedings. Both allow a party to obtain and submit an expert opinion on a matter in dispute, including an opinion on the adequacy of an existing court expert report.

In practice, most instructions I receive are of this second type: an expert report is already on the file, and its method, findings or reasoning are being challenged.

A party-instructed opinion does not replace the court expert report. It is submitted as evidence and the court weighs it. Its persuasive force depends entirely on the transparency of its method — which findings were relied on, which were not available, and why a particular conclusion follows.

Areas of practice

Challenging existing forensic reportsReview of reports issued by the Council of Forensic Medicine (Adli Tıp Kurumu) Specialisation Boards and General Assembly, or by court-appointed experts.
Questioned document examinationDisputed signatures, handwriting comparison, alterations and additions to promissory notes, cheques, powers of attorney and other documents.
Medical malpracticeDistinction between recognised complication and departure from the standard of care; causation between the treatment and the alleged harm.
Legal capacity of the elderlyRetrospective assessment of capacity at the date of a power of attorney, transfer, gift or will, based on the medical records of that period.
Child custodyAssessment in contested divorce and separation proceedings, including cross-border disputes where the parents live in different countries.
Gunshot woundsRange of fire, entrance and exit wound differentiation, and reconstruction of the manner of the incident.
Injury and assault reportsAdequacy of the forensic examination and of the classification of injury under the Turkish Penal Code.
ToxicologyInterpretation of drug, alcohol and medication results in blood, urine and hair; false positives, sampling conditions and the limits of what a result establishes.
Occupational disease and disabilityCausal link between exposure at work and disease; loss of earning capacity and objections to board decisions.
Criminal responsibilityMental state at the time of the offence under Article 32 of the Turkish Penal Code.
Cause of death and injuryReview of autopsy findings, scene records and physical evidence in homicide and suspicious death cases.
Patient and physician rightsAdvice in health law disputes, for the patient side and for the physician or institution.

International instructions

Cases reaching me from abroad usually fall into one of three groups:

  • Proceedings in Turkey with a party abroad. Foreign counsel instructing on a Turkish criminal or civil file — most often a challenge to an existing Turkish forensic report.
  • Proceedings abroad involving Turkish material. Turkish hospital records, autopsy reports or forensic board reports that need to be assessed and explained for a court in another jurisdiction, including the institutional context in which they were produced.
  • Cross-border custody disputes. Where the parents reside in different countries and the assessment must account for both.

The file can be sent by email or courier; physical examination is not required in most instructions, since the assessment is made on the documents. Where an examination is necessary, it is arranged in Istanbul.

An instruction is accepted on the file, not on the outcome. If the material supports the existing report, the opinion says so. An opinion committed to a conclusion in advance carries no weight before a court.

How an instruction proceeds

  1. Initial contact — a short description of the case and of the question to be answered.
  2. Preliminary assessment — once the preliminary assessment fee is settled, the file is reviewed and I confirm whether an opinion can properly be given on the available material.
  3. Fee — a fee specific to the file is then determined and confirmed.
  4. Report — the opinion is delivered, depending on the scope of the file, generally within one to three weeks.

Opinions are issued through the revolving fund of Istanbul University and on university letterhead.

Research

Alongside casework I carry out research in forensic medicine and public health. My work has included femicide, child abuse, and the ante-mortem and post-mortem diagnosis of chemical weapon exposure — in particular biomarkers and post-mortem findings of chlorine exposure and the forensic analysis of chemical attacks.

A list of publications is available on the scientific publications page.

Contact Prof. Dr. Sadık Toprak
Istanbul University, Istanbul Faculty of Medicine
Department of Forensic Medicine, Basic Sciences Building
Topkapı Mah. Turgut Özal Millet Cd., 34093 Fatih / Istanbul, Türkiye

Email: sadiktoprak@istanbul.edu.tr
Telephone: +90 505 815 33 15

Do you need an independent forensic opinion on a Turkish file?

You or your counsel are welcome to get in touch.

Contact

Bu sayfanın Türkçesi için: sadiktoprak.com