Criminal law in Turkey: rights of suspects, defendants and victims, including foreign nationals

How criminal proceedings work in Turkey

The basic rules of criminal procedure are set out in the Code of Criminal Procedure No. 5271 (CMK); offences and penalties are defined in the Turkish Criminal Code No. 5237 (TCK). A criminal file generally passes through the following stages:

1. Start of the investigationThe public prosecutor opens an investigation on a complaint, a report or a police record, or on learning of a suspected offence. At this stage the person concerned is a suspect.
2. Gathering evidenceStatements are taken, witnesses heard, searches and seizures carried out and expert reports obtained. Where necessary, protective measures such as custody, pre-trial detention or judicial control are applied.
3. Prosecutor's decisionIf there is insufficient suspicion, the prosecutor decides not to prosecute; if there is sufficient suspicion, an indictment is prepared. In some cases the filing of the public case is postponed or the file is referred to reconciliation.
4. TrialThe trial begins when the court accepts the indictment, and the person becomes a defendant. Evidence is discussed at hearings and the defence is heard.
5. Judgment and appealsThe court acquits, convicts, defers the announcement of the verdict or discontinues the case. The judgment can be appealed to the regional court and, where the law allows, to the Court of Cassation.

Offences committed online, such as fraud through fake websites or defamation on social media, are covered in our IT and internet law guide.

Your rights when questioned or taken into custody

Being invited to give a statement or being taken into custody does not mean you are guilty, but what you say at this stage can affect every later stage of the case. The main rights of suspects and defendants are (Code of Criminal Procedure, Art. 147):

• To be told your identity has been established and what you are accused of
• To choose a lawyer and receive legal assistance; if you cannot appoint one, to have the bar association assign one
• To have a relative or a person of your choice informed immediately that you are in custody
• To remain silent about the accusation
• To request that specific evidence be gathered to clear yourself of suspicion

Ill-treatment, torture, forced administration of drugs, exhaustion, deception, threats and unlawful promises are prohibited when taking a statement; statements obtained in these ways cannot be used as evidence even with consent (Art. 148). A statement given to the police without a lawyer present cannot be the basis of a judgment unless confirmed by the suspect or defendant before a judge or court.

Custody may not exceed 24 hours from arrest, excluding the time needed to bring the person before the nearest judge; for collectively committed offences the prosecutor may extend it within the limits set by law (Art. 91). Objections to custody are made to the criminal judgeship of peace.

Foreign nationals in criminal proceedings

Foreign nationals have the same procedural rights as Turkish citizens, together with some additional safeguards and practical considerations:

• Interpreter: A suspect, defendant or victim who does not speak sufficient Turkish is provided with an interpreter free of charge during questioning and hearings (Art. 202). Make sure the interpreter speaks a language you understand well, and do not sign a statement you have not understood.
• Consular notification: Under the 1963 Vienna Convention on Consular Relations, to which Turkey is a party, a detained foreign national may ask that their consulate be informed, and consular officers may visit and communicate with them.
• Travel ban: A prohibition on leaving the country is one of the most common judicial control measures. For a foreign national who lives abroad, this can mean being unable to return home until the measure is lifted, so it is important to request its removal or replacement where the conditions allow.
• Residence status: Criminal proceedings can affect residence permits, and in some cases a deportation decision or an entry ban may follow under the Law on Foreigners and International Protection No. 6458 (Art. 54). See our immigration law guide.
• Documents: The indictment, judgment and other documents are in Turkish. Ask for important documents to be explained or translated so that you can follow time limits.
• Victims abroad: A foreign victim who has left Turkey, for example after a theft, assault or fraud during a visit, can usually pursue a complaint and take part in the proceedings through a lawyer acting under a power of attorney.

Turkey is also a party to the Council of Europe Convention on the Transfer of Sentenced Persons, which may allow a foreign national sentenced in Turkey to serve the sentence in their home country where the conditions are met.

Pre-trial detention and judicial control

Pre-trial detention (tutuklama) is a protective measure ordered by a criminal judgeship of peace or a court where there is concrete evidence of strong suspicion and a ground for detention, such as a risk of absconding or of tampering with evidence (Art. 100). Detention must be proportionate to the importance of the case and the expected penalty.

In many cases judicial control measures (adli kontrol) can be applied instead (Art. 109): a ban on leaving the country, reporting regularly to a police station, house arrest, electronic monitoring or providing security (bail). Detention and judicial control orders can be challenged, and a detained person may apply for release at any stage of the investigation and trial.

Victims' rights and complaints

A person harmed by an offence can file a complaint with the public prosecutor or the police. For some offences an investigation can only be opened on complaint; in those cases the complaint must be filed within six months of learning of the act and the perpetrator (Criminal Code, Art. 73). If this period is missed, no investigation can be conducted.

• The victim can request that evidence be gathered and can take part in the process through a lawyer; in certain cases, such as sexual offences, the bar association assigns a lawyer on request.
• At the trial stage, the victim can join the public case as an intervening party (katılan) and appeal the judgment.
• A decision not to prosecute can be challenged before the criminal judgeship of peace within 15 days of service (Art. 173).
• Compensation for the harm suffered can be claimed separately in the civil courts.

Reconciliation (uzlaştırma)

Reconciliation allows the suspect or defendant and the victim to reach an agreement through a neutral conciliator for the offences listed in the law (Arts. 253–255). Offences prosecuted only on complaint are generally subject to reconciliation, as are certain other listed offences such as negligent injury, violation of the inviolability of the home, simple theft and breach of trust. Offences against sexual integrity are excluded.

The prosecutor proposes reconciliation during the investigation, and the court during the trial. If the parties agree and the agreed performance is fulfilled, a decision not to prosecute or to discontinue the case is given. Statements made during reconciliation cannot be used as evidence if no agreement is reached. Mediation in civil disputes is a different procedure; see our arbitration and mediation guide.

Deferral of the announcement of the verdict (HAGB)

HAGB means that a conviction is not announced and the defendant is placed under supervision for a set period (Art. 231). If no new intentional offence is committed and the supervision obligations are complied with during that period, the deferred judgment is set aside and the case is discontinued. An HAGB decision does not appear on the ordinary criminal record; it is kept in a separate system.

The main conditions are:

• The sentence imposed is two years' imprisonment or less, or a judicial fine
• The defendant has not previously been convicted of an intentional offence
• The court is satisfied, considering the defendant's personality and conduct at trial, that they will not reoffend
• The harm caused to the victim or the public is remedied; since Law No. 7589, the harm can be remedied in instalments during the supervision period

The supervision period is five years for adults and three years for those under 18 at the time of the offence.

Frequently encountered offences

Fraud

Deceiving someone through fraudulent conduct to obtain a benefit at their or another's expense constitutes fraud (Criminal Code, Art. 157). Using information systems, banks or credit institutions, or public institutions as a means makes it aggravated fraud with a heavier penalty (Art. 158). People who let others use their bank accounts or cards can face serious investigation risk if those accounts are used in fraud. Remedying the harm before prosecution begins or before judgment can reduce the penalty under the effective remorse provisions (Art. 168).

Insult and threats

Attributing a concrete act or fact that may damage a person's honour and dignity, or swearing at them, constitutes insult (Art. 125); frightening someone by announcing an attack on their or a relative's life, body, sexual integrity or property constitutes a threat (Art. 106). Prosecution of insult generally depends on a complaint, with exceptions such as insults against public officials because of their duties. Insults and threats on social media are among the most common files in practice.

Drug offences (for information)

The Criminal Code distinguishes between manufacturing and trading in drugs (Art. 188) and buying, accepting or possessing drugs for personal use (Art. 191), with very different consequences. For possession for personal use, the law provides a system focused on treatment and supervision, such as postponement of the public case. The quantity, packaging and other evidence determine which offence applies, so legal assistance from the start of the investigation is important.

Appeals

Judgments of first-instance criminal courts can be appealed to the regional court of appeal (istinaf), which reviews both facts and law and may hold a hearing and give a new judgment. Decisions of the regional court can be appealed to the Court of Cassation (Yargıtay) in the cases provided by law; some decisions below certain sentence thresholds cannot be appealed further.

The appeal petition must state clearly why the judgment is unlawful. Where only the defendant appeals, the new judgment cannot impose a heavier sentence (prohibition of reformatio in peius).

Competent courts

Time limits

Documents usually required

• The summons, invitation to give a statement or any document served on you
• Passport or identity document and, for foreign nationals, residence permit details
• Correspondence, messages, screenshots and bank records relating to the incident
• Names and contact details of witnesses
• For victims: medical reports, hospital records, damage documents and the complaint petition
• Camera recordings (these should be requested before they are overwritten)

Relevant legislation

Turkish legislation is published (in Turkish) at mevzuat.gov.tr:

• Turkish Criminal Code No. 5237 — Arts. 66, 73, 106, 125, 157–158, 168, 188, 191
• Code of Criminal Procedure No. 5271 — Arts. 91, 100, 109, 147–150, 173, 202, 231, 253–255, 272–291
• Law No. 5275 on the Enforcement of Sentences and Security Measures
• Law No. 7499 (2024) and Law No. 7589 (2026)
• Law on Foreigners and International Protection No. 6458 — Art. 54
• Vienna Convention on Consular Relations (1963); Convention on the Transfer of Sentenced Persons (1983)

Criminal Law: topics

The main topics within Turkish criminal law are listed below. Detailed guides for each are in preparation.

• Criminal proceedings step by step
• Statements, custody and detention
• Foreign nationals in criminal proceedings
• Deferral of the announcement of the verdict (HAGB)
• Reconciliation
• Fraud
• Appeals to the regional court and the Court of Cassation

Frequently asked questions about criminal law in Turkey

This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation. Legislation and court practice change over time, so check the current legislation before taking any step. Last updated: 14 October 2026