Arrested in Türkiye: The Criminal Process for Foreigners
If someone you love has been arrested in Türkiye (Turkey), the process usually follows a set order: short police custody, then a judge who decides on release, supervision or detention, then an investigation, a trial, and — if there is a conviction — appeals. You cannot change the law from abroad, but you can understand each step, and the person has real rights from the very first hour. This guide walks through what happens and when, in plain English. It also covers the parts that matter most when the detainee is a foreigner: an interpreter, contact with the consulate, and the travel measures that often come with a case. Take it one stage at a time.
What happens after a foreigner is arrested in Türkiye?
In most cases the criminal process moves through the same stages, in this order. First comes police custody (gözaltı) — a short, time-limited hold for questioning. Then the person is brought before a judge, who decides whether to release them, place them under supervision, or hold them in prison while the case is built. After that comes the investigation, a formal indictment, a trial, and — if there is a conviction — an appeal.
You do not have to master all of it today. Knowing the shape of the road helps you ask the right questions and understand where things stand.
| Stage | Turkish name | What happens | Who decides |
|---|---|---|---|
| Police custody | Gözaltı | Short, time-limited hold for questioning | Police, supervised by the prosecutor |
| First court decision | Sulh ceza hâkimliği | Release, judicial control, or pre-trial detention decided | Judgeship of peace (a judge) |
| Investigation | Soruşturma | Evidence gathered; statements taken | Public prosecutor |
| Indictment | İddianame | Formal charges written, then accepted by the court | Prosecutor writes; court accepts |
| Trial | Asliye ceza / Ağır ceza | The case is heard and judged | The trial court |
| Appeal | İstinaf, then temyiz | The judgment is reviewed by higher courts | Regional court, then Court of Cassation |
Where is the case right now?
What is police custody (gözaltı), and how long can it last?
Police custody is short and strictly time-limited. It is the period right after an arrest, when the police hold and question a person before any court decision. It is not a sentence and not the same as being sent to prison.
The exact limit depends on the offence and on whether more than one person is involved, and in bigger or multi-suspect cases a limited extension is possible. Ask the lawyer for the precise limit that applies to this case, rather than relying on a general figure.
During custody the police take a statement (ifade). This is a decisive moment, because what is said or signed here can shape the whole case. That is why the rights in the next section matter from the very first minute.
What rights does the detainee have from the first minute?
From the moment of custody, the law gives every detainee — Turkish or foreign — a core set of rights. They exist immediately, not just later in front of a court.
- A lawyer. The right to a defence lawyer applies from the outset of custody (CMK).
- Silence. The person does not have to answer questions or sign a statement they do not understand; they have the right to remain silent (CMK).
- A free interpreter. If the person does not speak Turkish, they are entitled to a free interpreter during questioning and in court (CMK).
- Consular notification. A detained foreign national has the right to have their consulate told without delay and to be visited by consular officers (Vienna Convention on Consular Relations, Art. 36).
- Liberty and security. A person may only be held in the ways the law allows (Constitution, Art. 19).
- To have the custody made known, so that a relative or someone close is informed that the person is being held.
What happens when the person is brought before the judge?
When custody ends, the person is brought before a judgeship of peace (sulh ceza hâkimliği), which chooses one of three outcomes. This is the first real court decision in the case, and it sets what the coming weeks and months will look like.
- Release. The person goes free while the investigation continues, sometimes with no conditions.
- Judicial control (adli kontrol). The person stays free but under conditions — for example reporting to a police station, a travel ban, or a security deposit.
- Pre-trial detention (tutukluluk). The person is held in prison (as a remand prisoner) while the case is investigated and tried.
This hearing is one of the points where a defence lawyer's arguments matter most, because the judge is weighing whether supervision is enough or whether detention is needed. The Constitution's guarantee of liberty and security (Art. 19) is the backdrop to that decision.
What is the difference between judicial control and pre-trial detention?
The core difference is simple: under judicial control the person stays in the community under conditions, while pre-trial detention means being held in prison during the case. Both are decided and reviewed by a court, and neither is a finding of guilt.
| Judicial control (adli kontrol) | Pre-trial detention (tutukluluk) | |
|---|---|---|
| Where the person is | At liberty, in the community | Held in a closed prison as a remand prisoner |
| Typical conditions | Reporting to police, a travel ban, a security deposit, staying at an address | Detained; visits and contact follow prison rules |
| Used when | The court thinks supervision is enough | Risks such as flight or interfering with evidence are seen as higher |
| Reviewed by the court | Yes | Yes, at regular intervals set by law |
A very common condition, even for someone who is otherwise free, is an international travel ban, and the passport may be held. This is applied as a judicial-control measure under the Criminal Procedure Code. A lawyer can ask the court to review, ease or lift such measures as the case develops.
The embassy or consulate will get them out.
Under the Vienna Convention on Consular Relations (Art. 36), a detained foreign national has the right to have their consulate notified without delay and to be visited by consular officers. But a consulate does not act as a defence lawyer. It can help with welfare, contact with family, and lists of local lawyers, while the defence itself has to be instructed separately.
Being held in prison before the trial means they have already been found guilty.
Pre-trial detention happens while the case is still being investigated and tried, before any final decision on guilt. It is only one of three outcomes the judgeship of peace can choose, alongside release and judicial control, and the court weighs whether supervision would be enough. Detention is then reviewed at regular intervals set by law, and a person can be released or moved to judicial control during the case.
It is better to answer everything at the police station and clear it up quickly.
The statement (ifade) taken during custody is a decisive moment, because what is said or signed there can shape the whole case. The person does not have to answer questions or sign a statement they do not understand, and if they do not speak Turkish they are entitled to a free interpreter during questioning and in court (CMK, Law No. 5271). It is reasonable to wait for an interpreter and, where possible, a lawyer before giving a statement.
Once the case is over, they can just fly home.
An international travel ban is common while the case runs, and the passport is often held. After a sentence, a foreign national may face a separate deportation decision and entry ban under the Law on Foreigners and International Protection (Law No. 6458). Asking to serve the sentence in the home country is another separate process with its own rules, and neither of these happens automatically.
What comes next — the investigation, indictment and trial?
After the first court decision, the prosecutor's investigation (soruşturma) continues, and if there is enough evidence the prosecutor writes an indictment (iddianame) setting out the charges. The indictment is then reviewed by a court, which either accepts it — opening the trial — or returns it.
Which court holds the trial depends on how serious the alleged offence is:
- Criminal court of first instance (asliye ceza mahkemesi) — hears less serious offences.
- Heavy penal court (ağır ceza mahkemesi) — hears the most serious offences, such as those carrying the heaviest possible sentences.
If the person is in pre-trial detention during the trial, that detention is not simply left in place. The court reviews it at regular intervals set by law, and the defence can ask, at each stage, for release or for a switch to judicial control.
How do appeals work in Türkiye?
If the trial court convicts, the judgment is not the final word — there are two levels of appeal. They are separate steps, each with its own role.
- İstinaf — an appeal to the regional court of appeal (bölge adliye mahkemesi), which can re-examine both the facts and the law, and may re-hear parts of the case.
- Temyiz — a further appeal to the Court of Cassation (Yargıtay), which reviews the case mainly for errors of law.
Turkish practice on how these courts weigh evidence and sentencing is settled through their case law; a defence lawyer can explain how it is likely to apply to a specific conviction.
What is different because the person is a foreigner?
The core process is the same for everyone, but three things stand out when the detainee is a foreign national — and there is also a distinct set of issues at the end of the case.
- Interpreter throughout. If the person does not speak Turkish, the right to a free interpreter runs through questioning and the trial (CMK).
- Consular access. The consulate can be notified and can visit (Vienna Convention, Art. 36). A consulate does not act as a defence lawyer, but it can help with welfare, contact with family, and lists of local lawyers.
- Travel and passport measures. An international travel ban is common, and the passport is often held, even when the person is free under judicial control.
At the end of the case, two further issues may arise that are specific to foreigners. After a sentence, a foreign national may face a deportation decision and an entry ban under the Law on Foreigners and International Protection (Law No. 6458) — explained in our guide to deportation and the entry ban after a prison sentence. Separately, a convicted foreigner may in some cases ask to serve the sentence at home; see our guide to transfer to serve a Turkish sentence in your home country. These are separate processes, each with its own rules, and neither is automatic.
What can the family do right now?
The most useful early steps are practical: arrange a lawyer, contact the consulate, and gather the documents that will be needed. You do not need to solve the whole case at once — you need to make sure the person is not facing the first stages alone.
- Instruct a lawyer. A lawyer with a power of attorney can meet the detainee in prison, and a remand prisoner's meetings with defence counsel cannot be prevented or restricted (Law No. 5275, Art. 59 and Art. 114(5)). Defence meetings are confidential.
- Contact the consulate so it can carry out its role under Art. 36 and stay in touch with the family.
- Collect documents — the person's passport details, address, and any medical needs — so the lawyer and the consulate can act quickly.
- Follow the stages in order, and ask the lawyer what the next decision point is and when it is expected.
For the wider picture — visiting, sending money, prison conditions and the other guides in this series — start from our hub guide for families of foreign prisoners in Türkiye. If you need representation, a criminal defence lawyer can act from the custody stage onward.
This article is general information about Turkish law and is not legal advice; for advice on your specific situation, consult a qualified lawyer.
Sets the time-limited custody regime supervised by the prosecutor, and the rights to a lawyer, to silence and to a free interpreter, as well as judicial-control measures such as a travel ban.
Art. 114(5): a remand prisoner's contact and meetings with defence counsel cannot be obstructed or restricted. Art. 59: the meeting with a lawyer takes place where what is said cannot be overheard, and the first meetings do not wait on a signed power of attorney.
The basis on which a foreign national may face a deportation decision and an entry ban after a sentence, as a process separate from the criminal case.
Liberty and security of the person: someone may only be held in the ways the law allows. It is the backdrop to the judge's choice between release, judicial control and detention.
Gives a detained foreign national the right to have their consulate notified without delay and to be visited by consular officers.
Have these ready for the lawyer and the consulate
You do not need to solve the whole case today. These are the practical steps and documents that let a lawyer and the consulate act quickly, so the person is not facing the first stages alone.
Frequently asked questions
How long can the police hold a foreigner before seeing a judge?
Police custody is time-limited under the Criminal Procedure Code (CMK, Law No. 5271) and supervised by the prosecutor. The law sets a strict maximum, after which the person must be released or brought before a judgeship of peace. The exact limit depends on the offence and the case, so ask the lawyer for the limit that applies.
Will my relative get an interpreter?
Yes. If the person does not speak Turkish, they have the right to a free interpreter during questioning and in court under the Criminal Procedure Code. As a rule, nothing should be signed without an interpreter and, ideally, a lawyer present.
Will the consulate be told about the arrest?
Under the Vienna Convention on Consular Relations (Art. 36), a detained foreign national has the right to have their consulate notified without delay and to be visited by consular officers. The consulate cannot act as a defence lawyer, but it can help with welfare, family contact and lists of local lawyers.
Is pre-trial detention the same as a prison sentence?
No. Pre-trial detention (tutukluluk) means being held while the case is investigated and tried, before any final decision on guilt. The court reviews it at regular intervals set by law, and a person can be released or moved to judicial control during the case.
Can my relative leave Türkiye while the case is going on?
Often not. An international travel ban is a common condition, and the passport may be held, even when the person is otherwise free under judicial control. A lawyer can ask the court to review or lift such measures as the case develops.
What happens at the very end of the case?
If there is a conviction, the judgment can be appealed (istinafİstinafAppeal to the regional court of appealThe first level of appeal in Türkiye, heard by a regional court of justice that can review both the facts and the law.Glossary →, then temyiz). After a sentence, a foreign national may face deportation and an entry ban under Law No. 6458, and in some cases may ask to serve the sentence in their home country. These are separate processes, each with its own rules.
