Who this is for
Finding yourself inside the Turkish criminal-justice system as a foreigner is disorienting. The language is unfamiliar, the procedures differ from home, and a single badly handled statement can shape an entire case. This page is written for the foreign national who needs to understand what is happening, what their rights are, and what to do next — calmly and accurately.
You may be reading this because:
- You, a family member or an employee has been taken into police custody (gözaltı) and you need a lawyer urgently;
- You have received a summons to give a statement (ifadeye davet) from a police station, gendarmerie or prosecutor's office;
- You have learned that a criminal complaint (şikâyet) or investigation (soruşturma) has been opened against you;
- You are a victim of a crime in Türkiye and want to file a complaint and follow it as an intervening party;
- You have been placed under judicial control (adli kontrol) or remanded in custody (tutuklama) and need representation through trial; or
- You simply want to understand your exposure before you travel, sign, invest or respond to a threat of prosecution.
The legal framework: CMK and TCK
Two statutes do most of the work in any Turkish criminal matter, and it helps to know which is which.
The Penal Code (TCK No. 5237) — what is a crime
The Turkish Penal Code No. 5237 (Türk Ceza Kanunu) defines the offences and their punishments — fraud, assault, drug offences, threats, forgery, sexual offences, homicide and so on. It also sets out general principles that protect a defendant: the principle of legality (no crime or penalty without a law), the requirement of intent (kast) for most offences, and rules on attempt, complicity, self-defence and necessity.
The Code of Criminal Procedure (CMK No. 5271) — how a case runs
The Code of Criminal Procedure No. 5271 (Ceza Muhakemesi Kanunu) governs the process: how the police and prosecutor investigate, your rights in custody, when a judge can order arrest or release, how evidence is gathered, and how a trial and appeal proceed. Most of the protections a foreigner relies on live here.
A criminal case is won or lost as much on procedure as on facts. The CMK is full of rights that only help you if someone asserts them at the right moment.
Other laws feed in around the edges. The Law on Foreigners and International Protection No. 6458 matters where a conviction can trigger a deportation decision, and the Private International Law Code No. 5718 (MÖHUK) governs cross-border evidence and recognition. But for the core of a defence, CMK and TCK are the two texts that count.
Your rights in police custody (gözaltı)
Custody is the moment foreigners are most vulnerable and most often lose ground. Under the CMK and the Constitution, you have a defined set of rights from the instant you are detained — not from when you reach court.
Your rights at a glance
- A lawyer from the first minute of custody, and a private consultation before you say anything substantive.
- A free interpreter at every stage if you cannot follow proceedings in Turkish.
- Silence about the allegation — you only have to give your identity details truthfully.
- Notification of a relative and your consulate without delay.
- A medical examination at the start and end of custody.
The right to a lawyer — from the first minute
You have the right to a defence lawyer (avukat / müdafi) from the very beginning of custody, and to speak with that lawyer in private before questioning. If you cannot arrange or afford one, the bar association (baro) appoints a duty lawyer free of charge.
The right to a free interpreter
If you cannot follow proceedings in Turkish well enough to defend yourself, you are entitled to a free interpreter during questioning, before the judge and at trial.
The right to silence
You have an absolute right to remain silent about the allegation under CMK art. 147. Silence cannot be treated as an admission, and it is often the correct choice until your lawyer has seen the file. You must, however, give your identity details truthfully.
Notification and a medical examination
A relative or a person of your choosing must be informed of your detention without delay. As a foreign national you may also have your consulate notified — see the consular section below. You are entitled to be examined by a doctor at the start and end of custody, which protects your health and creates an independent record of your condition. Always accept the examination and mention any injury or medical need.
The statement (ifade) and the right to silence
The statement — ifade when taken by police or prosecutor, sorgu when taken by a judge — is the centre of gravity of the early case. It is recorded in writing (often on video too) and follows the file all the way to trial.
A statement given without a lawyer, through a rushed interpreter, while frightened and tired, is exactly the document the prosecution hopes for.
What happens during questioning
Before any questioning, the authority must tell you the accusation, your right to a lawyer, your right to silence, and that you may request evidence in your favour. Your lawyer may be present throughout. Questions must not be coercive, and promises of advantage in exchange for a confession are not permitted.
Why you should rarely speak before your lawyer sees the file
- You usually do not yet know what evidence exists against you, so you cannot judge what is safe to say.
- An innocent but clumsy explanation can lock you into a version that later evidence appears to contradict.
- Translation errors in a stressful setting can change the meaning of what you said.
- Once a statement is in the file, changing it later looks like backtracking, even when the first version was a simple misunderstanding.
You can give a statement later — on your terms
Choosing silence at first does not close the door. Once your lawyer has reviewed the investigation file, a considered, well-prepared statement can be given — supported by documents, witnesses and a clear account — at a point where it actually helps you rather than the case against you.
Detention periods: how long can they hold you
Custody is meant to be short and governed by deadlines. The limit depends on whether you were detained for a single offence or as part of a collective offence, and the clock excludes the reasonable travel time needed to bring you before the nearest judge.
The basic limits
- For an individual offence, police custody is generally limited to 24 hours, plus capped, excluded travel time to reach the judge.
- For collective offences (committed by three or more people together), custody can be extended in stages by written prosecutor's order, up to a maximum of four days.
Catch-and-release is not the same as “case closed”
Being released from custody does not mean the investigation is over. The prosecutor can keep building the file and may still seek an indictment. Equally, release may come with conditions (see judicial control below). Treat any release as the start of your defence, not the end of the matter.
Remand (tutuklama) vs judicial control (adli kontrol)
When you are brought before a judge during the investigation, the judge chooses among three broad outcomes: release without conditions, release under judicial control, or remand in custody (pre-trial detention). Understanding the difference — and that Türkiye has no cash-bail system in the Anglo-American sense — is essential.
The two tracks compared
| Tutuklama (remand) | Adli kontrol (judicial control) | |
|---|---|---|
| What it is | Held in prison while the case proceeds | Free, but subject to conditions |
| Legal basis | CMK arts. 100–101 | CMK arts. 109–110 |
| When ordered | Last resort — strong suspicion + flight or tampering risk + proportionality | Where the aims of detention can be met by lighter measures |
| Typical conditions | None — you are in custody | Travel/exit ban, signing-on at a police station, fixed address, no-contact orders, security deposit (teminat) |
| How to challenge | Objection (itiraz) to a higher judge; periodic mandatory review | Apply to relax or lift conditions as grounds weaken |
A remand decision can be objected to (itiraz) before a higher judge, and the need for continued detention must be reviewed periodically. As the file develops, we can apply for release or for the relaxation of judicial-control conditions whenever the grounds weaken.
From investigation to verdict: the process explained
A Turkish criminal case moves through clearly defined phases. Knowing where your file sits tells you what is possible and what comes next.
1. Investigation (soruşturma)
Led by a public prosecutor (savcı) with the police or gendarmerie gathering evidence, this phase is largely confidential. It ends in one of two ways: a decision not to prosecute (kovuşturmaya yer olmadığına dair karar, often called takipsizlik) if the evidence is insufficient, or an indictment.
2. The indictment (iddianame) and its acceptance
If the prosecutor believes there is sufficient suspicion, they draft an indictment setting out the charge and evidence and send it to the court. A judge then decides whether to accept it (CMK arts. 170 and 174). Acceptance is the formal start of the trial; rejection sends the file back to the prosecutor.
3. Trial (kovuşturma)
The case is heard by the appropriate court — typically the Criminal Court of First Instance (Asliye Ceza Mahkemesi) for ordinary offences or the Heavy Penal Court (Ağır Ceza Mahkemesi) for serious ones. Hearings (duruşma) involve examining evidence, hearing witnesses and experts, and your defence. The court then delivers its verdict — acquittal, conviction, or another outcome such as deferral.
4. Appeal — istinaf and temyiz
Turkish criminal appeals are two-tiered. Which routes are open to you depends on the sentence imposed.
| İstinaf | Temyiz | |
|---|---|---|
| Court | Regional Court of Justice (Bölge Adliye Mahkemesi) | Court of Cassation (Yargıtay) |
| What it reviews | Both the facts and the law; may re-hear evidence | Errors of law only |
| Deadline | 7 days from pronouncement/service [confirm] | 15 days [confirm] |
| Availability | Generally available | Not always — closed (the istinaf decision is final / kesin) for a range of lower-sentence outcomes |
Common charges foreigners face
Certain offences come up far more often for foreign clients than others, frequently arising out of business disputes, misunderstandings or situations handled differently at home. None of the summaries below is legal advice on your specific case — they are orientation.
At a glance
| Charge | What it means | Key defence angle |
|---|---|---|
| Fraud (dolandırıcılık) | Deceiving someone to obtain an unlawful benefit; qualified forms (banks, IT, commercial activity) carry heavier penalties | Show the matter is a genuine civil/commercial dispute, not criminal deception |
| Bad-cheque offence | Issuing a cheque without sufficient funds (Law No. 5941) | Distinguish commercial default from criminal conduct; address via enforcement, not prison |
| Assault / threats (yaralama, tehdit) | Physical altercations or threatening messages | Context, provocation, self-defence, precise wording of any threat |
| Drug offences | Personal use vs supply/trafficking — very different consequences | Establish use (treatment route) rather than supply; quantity and circumstances |
| Forgery / defamation / digital | Document forgery (sahtecilik), insult (hakaret), computer offences | Turn on intent and the exact content of the document or message |
Fraud (dolandırıcılık)
Fraud under the TCK involves deceiving someone to obtain an unlawful benefit to their detriment. It often surfaces from soured commercial deals, investment disputes or property transactions, where one side reframes a contractual disagreement as criminal deception. A key defence theme is showing the matter is genuinely a civil dispute, not a crime.
Cheque and commercial offences
Bounced cheques are a frequent surprise for foreign business owners and directors, but the regime is narrower than many fear.
Our enforcement team often works alongside the defence here, because the commercial shortfall and the criminal angle have to be managed together.
Assault and threats (yaralama, tehdit)
Physical altercations and threatening messages — from bar incidents, neighbour or landlord disputes, or online exchanges — are commonly charged. Context, provocation, self-defence and the precise wording of any threat all matter to the outcome.
Drug offences
Türkiye treats drug offences seriously, but the charge you face — and your exposure — turns sharply on one distinction.
Forgery, defamation and digital offences
Document forgery (sahtecilik), insult/defamation (hakaret) — including online — and computer-related offences round out the list. Many of these turn on intent and on the exact content of a document or message.
Consular notification and the foreign defendant
As a foreign national you have rights and channels that local defendants do not, and they can make a real difference to how a case is handled.
The right to consular notification
Consular staff cannot act as your lawyer or get you released, but they can:
- confirm you are being held and where;
- provide a list of local lawyers and interpreters;
- contact your family on your behalf;
- monitor that you are being treated humanely; and
- raise welfare concerns through diplomatic channels.
Always ask for consular notification — it costs you nothing and adds a layer of oversight.
Language, evidence abroad and dual proceedings
Foreign cases raise practical issues a domestic file does not: securing a competent interpreter, obtaining and certifying documents from abroad (often requiring sworn translation and apostille), and managing the interaction between a Turkish case and any proceedings at home. We handle this coordination as part of the file.
When a conviction touches your immigration status
What to do on first contact with the police
If you are stopped, detained or asked to come in, your conduct in the first hour shapes everything that follows. Keep it simple and disciplined.
Do
- Stay calm and polite. Aggression or resistance can itself become a charge and never helps.
- Give your true identity details — name, nationality, address — which you are required to provide.
- Ask for a lawyer and a free interpreter immediately: “Avukat istiyorum, tercüman istiyorum.”
- Ask that your consulate and a family member be notified.
- Accept the medical examination and mention any injury or medical condition.
- Wait. Let your lawyer reach you before you discuss the allegation.
Don't
- Don't sign anything you have not understood in your own language — especially not a blank page.
- Don't try to talk your way out of it or “explain everything” before your lawyer arrives.
- Don't lie or invent a story; a false statement is far worse than silence.
- Don't offer money or favours to any official under any circumstances — that is a separate, serious crime.
- Don't discuss the case with cellmates, on the phone, or in messages.
How to reach us in an emergency
If you or someone you know is in custody right now, contact us through our emergency line as soon as possible — even a short call lets us start protecting your position, arrange a lawyer to attend the station, and notify the right people.
A worked example
To make the process concrete, here is a representative scenario. It is illustrative only and not a prediction of any particular outcome.
The situation
A British investor, “D.”, falls out with a Turkish business partner over a delayed property development. Months later, the partner files a criminal complaint for fraud (dolandırıcılık), alleging D. took money under false pretences. D. knows nothing about it until the police call his hotel and ask him to come in to “give a statement”.
What good handling looks like
- Before the statement: D. instructs us instead of attending alone. We obtain access to the investigation file, identify that the dispute is contractual, and gather the contracts, transfer records and correspondence that show a genuine commercial deal.
- The statement (ifade): We attend with D. and a qualified interpreter. Rather than silence or improvisation, D. gives a prepared, document-backed account framing the matter as a civil dispute, with our submissions recorded.
- Investigation outcome: We file a defence petition urging a decision not to prosecute, attaching the evidence of a bona fide contract. The prosecutor weighs whether the conduct is criminal deception or simply a breach of contract.
- If it proceeds: Had an indictment followed, we would defend at trial — and, in parallel, pursue D.'s own civil and enforcement remedies against the partner.
The lesson is not that every case ends well — it is that the difference between attending alone and attending prepared is often the difference between a closed file and an indictment.
How Lexin Legal defends your case
We act for foreign nationals across Türkiye at every stage of the criminal process, and we do it in plain English with a single point of contact who keeps you informed.
What we do
- Urgent custody response — attending the police station, asserting your rights, and being present for the statement.
- Investigation strategy — accessing the file, gathering exculpatory evidence, and making submissions to the prosecutor, including for a decision not to prosecute.
- Liberty-stage advocacy — arguing for release or judicial control rather than remand, and objecting to remand decisions.
- Trial defence — full representation before the Criminal Court of First Instance or Heavy Penal Court, including witnesses, experts and written defences.
- Appeals — preparing and pursuing istinaf and temyiz within deadline.
- Coordination — managing interpreters, sworn translation, consular contact, and any immigration or enforcement angle.
How we charge
We agree a transparent fee in writing before we start, scoped to the stage of your case. You will know what is covered and what is not, with no surprises. For genuine emergencies we will tell you immediately what the first step costs.
If you need help now, reach our team through the contact page. The earlier we are involved, the more we can do.
How we handle your file
Emergency response
If you are in custody, we move first to attend the station, assert your rights, arrange a free interpreter and ensure you are not questioned without protection.
Understand the file
We obtain access to the investigation file (where permitted), establish the exact allegation and evidence, and explain your real position in plain English.
Protect your liberty
At the judge's hearing we argue for release or judicial control instead of remand, and object to any detention decision we consider disproportionate.
Build the defence
We gather exculpatory evidence, witnesses, contracts and certified translations, and prepare a considered statement or defence rather than an improvised one.
Engage the prosecutor
Where the facts support it, we press for a decision not to prosecute, framing civil disputes as civil and exposing weak or insufficient evidence.
Defend at trial
If an indictment is accepted, we represent you fully through the hearings, challenging evidence and presenting your case before the court.
Appeal if needed
We diary every deadline and, where grounds exist, pursue istinaf and temyiz appeals to the Regional Court of Justice and the Court of Cassation.
Criminal defence in Türkiye FAQ
I have been detained in Türkiye and don't speak Turkish. What are my immediate rights?
You have the right to a lawyer from the first minute of custody (CMK arts. 149–150), a free interpreter at every stage (CMK art. 202), the right to remain silent about the allegation (CMK art. 147), and the right to have a relative and your consulate notified. You are also entitled to a medical examination. Ask for a lawyer and an interpreter before you discuss anything.
Do I really get a free interpreter?
Yes. If you cannot follow the proceedings in Turkish well enough to defend yourself, you are entitled to a free interpreter during questioning, before the judge and at trial under CMK art. 202. The cost is never charged to you. Never sign a statement you have not had translated and fully understood.
Should I give a statement to the police straight away?
Usually not before your lawyer is present and has seen the file. You have an absolute right to silence on the allegation (CMK art. 147), and silence cannot be treated as guilt. A prepared, document-backed statement given later often helps far more than a rushed one given under stress.
How long can the police hold me in custody?
Under CMK art. 91, custody for an individual offence is generally limited to around 24 hours plus the time needed to reach a judge; for collective offences committed by three or more people it can extend in stages, by written prosecutor's order, up to a maximum of four days. These limits are the current general rule and special regimes apply to some offences, so always have a lawyer confirm the deadline in your case.
What is the difference between tutuklama and adli kontrol?
Tutuklama is remand in custody — being held in prison while the case proceeds (CMK arts. 100–101) — and is meant to be a last resort based on strong suspicion and a real flight or tampering risk. Adli kontrol (judicial control) under CMK art. 109 is the alternative: you stay free under conditions such as a travel ban, signing on at a police station, or a security deposit. We argue for judicial control wherever possible.
Is there bail in Türkiye like in my country?
Not exactly. Türkiye has no general cash-bail system; instead a judge may release you under judicial control (CMK art. 109), which can include a security deposit or guarantee (teminat) as one of several possible conditions. The aim is to secure your attendance and protect the case, not to set a price for freedom.
I'm a foreigner — am I more likely to be remanded?
Courts sometimes treat non-residents as a higher flight risk, which can weigh toward remand. This makes it important to present concrete ties, a stable address, surrendered travel documents and a willingness to sign on, so the judge can be satisfied that judicial control is sufficient. Strong, evidenced submissions at the first hearing matter a great deal.
Can I leave Türkiye while I am under investigation?
Not necessarily. A judge can impose an exit/travel ban as a judicial-control measure under CMK art. 109, and even without one, leaving while an investigation or trial is open can lead to remand or complications if you cannot return for hearings. Before you travel, have a lawyer check whether any restriction or ban applies to you. [Lawyer to confirm there is no exit ban in the specific file before advising travel.]
What is HAGB and could it apply to me?
HAGB (hükmün açıklanmasının geri bırakılması) is deferral of the announcement of the verdict under CMK art. 231. For eligible first-time defendants with shorter sentences, the court does not announce the verdict; if you complete a supervision period without reoffending, the case effectively drops away with no recorded conviction. Whether it applies depends on the sentence and your record, so raise it with your lawyer early. [Lawyer to confirm current HAGB threshold and conditions.]
Someone has filed a criminal complaint against me over a business dispute. Is that normal?
Unfortunately it is common in Türkiye for a commercial counterparty to use a criminal complaint — often for fraud or a cheque offence — as leverage in what is really a money dispute. It does not mean you have committed a crime, but you should not ignore it. Get advice quickly, because a statement and indictment can follow even in your absence.
Is a bounced cheque a prison offence in Türkiye?
Not directly. Under Law No. 5941 art. 5, issuing a cheque without sufficient funds carries a judicial fine of up to 1,500 days per cheque plus a cheque-drawing and account ban — imprisonment arises only if that fine is later left unpaid and converted. In practice it is handled primarily as an enforcement matter. [Lawyer to confirm the current 1,500-day cap and conversion rules.]
Can a complaint about an old matter still be pursued?
It depends on the limitation period (dava zamanaşımı) for the offence, set by TCK arts. 66–67, which runs by reference to the maximum penalty for the crime. Some matters become time-barred; others remain open for many years, and the clock can be interrupted by certain steps. A lawyer can tell you whether a specific allegation is still live. [Lawyer to confirm the applicable limitation period for the specific offence.]
What happens after the investigation phase?
The prosecutor either issues a decision not to prosecute if the evidence is insufficient, or files an indictment. If a judge accepts the indictment (CMK arts. 170 and 174), the trial phase begins before the Criminal Court of First Instance or the Heavy Penal Court, depending on the seriousness of the charge.
Can I appeal a conviction?
Yes, in two tiers — but the route depends on the sentence. İstinaf goes to the Regional Court of Justice, which can review both facts and law; temyiz goes to the Court of Cassation (Yargıtay) for errors of law, but is not available for a range of lower-sentence outcomes, where the istinaf decision is final. Deadlines are short (roughly 7 days for istinaf and 15 for temyiz), so instruct a lawyer promptly after a verdict. [Lawyer to confirm current appeal deadlines.]
How long does a criminal case take in Türkiye?
It varies widely with the court, the charge and the complexity of evidence. A simple matter resolved at investigation can close in months, while a contested trial before the Heavy Penal Court, followed by istinaf and temyiz, can run for a year or more. The clearest predictor is the stage your file is at, which we explain in plain English once we have reviewed it.
Will my embassy get me out of custody?
No. Consular staff cannot act as your lawyer or secure your release, but under Article 36 of the Vienna Convention on Consular Relations they can confirm where you are held, provide a list of lawyers, contact your family, and monitor that you are treated properly. You should always ask for consular notification — it adds oversight at no cost to you.
Could a criminal case affect my residence permit or lead to deportation?
It can. A conviction may affect a residence permit and, in some cases, trigger a deportation decision under article 54 of the Law on Foreigners and International Protection No. 6458. Where this risk exists we manage the criminal defence and the immigration position together rather than in isolation.
Do you handle Interpol red notices and extradition?
Those border and cross-border matters are handled by our dedicated cross-border team rather than on this general page — see our deportation and entry-ban service. If your case involves a red notice, an extradition request or an issue arising at the border, tell us and we will route you to the right specialist immediately.
How and when do I pay you?
We agree a transparent fee in writing before we begin, scoped to the stage of your case, so you know exactly what is covered. For genuine emergencies we will tell you straight away what the first step costs. We do not promise outcomes — only diligent defence and honest advice.
