Alanya Criminal Lawyer and Criminal Law
Criminal law determines whether an act constitutes an offence and what sanction applies to it, while criminal procedure law governs the procedure by which that determination is made. Some of the issues encountered in a case concern the legal characterisation of the act, while a significant part concerns the procedure followed.
The process often begins with a complaint, a report or a police record. From that moment onwards, a person who has the status of suspect acquires rights such as the right to remain silent, the right to legal assistance from defence counsel and the right to request the collection of evidence in their favour. The same process also entails separate matters for the person harmed by the offence, such as the time limit for filing a complaint, the preservation of evidence and participation in the proceedings.
In criminal proceedings, time limits are short and most are peremptory. If the time limits prescribed for taking statements and interrogation, applications against protective measures, objections to decisions not to prosecute and appeals are missed, subsequent redress is often not possible.
Key Practice Areas
Key Disputes in Criminal Law
Issues arising in criminal cases concern both the legal characterisation of the alleged conduct and the procedure followed in the proceedings. The same incident may constitute different offences depending on its elements and the parties’ procedural roles; accordingly, the competent court, applicable procedure and available remedies may also differ.
Rights of Suspects and Accused Persons
Before taking a statement or conducting an interrogation, the person is informed of the offence attributed to them and notified that they have the right to choose defence counsel, who may be present during the statement or interrogation. One relative of the apprehended person’s choice is immediately notified of the apprehension. They are also informed that they have the legal right not to make a statement concerning the offence attributed to them; reminded that they may request the collection of concrete evidence to dispel suspicion; and given the opportunity to put forward matters in their favour.
The right to benefit from the assistance of defence counsel is, as a rule, exercised upon request; for a person who declares that they are unable to choose defence counsel, one will be appointed by the bar association upon their request. However, where the suspect or accused who lacks defence counsel is a child, is disabled to the extent of being unable to defend themselves, or is deaf and mute, or where the offence requires a minimum sentence of more than five years' imprisonment, defence counsel will be appointed without the need for a request.
The law expressly prohibits methods that undermine the will. No physical or psychological intervention may be carried out, such as ill-treatment, torture, the administration of drugs, exhaustion, deception, force or threats, or the use of certain instruments; nor may an unlawful benefit be promised. Statements obtained through prohibited methods may not be relied upon as evidence, even if given with consent. A statement taken by law enforcement in the absence of defence counsel may not be relied upon as the basis of a judgment unless it is confirmed by the suspect or the accused before a judge or the court.
The rule that evidence obtained through unlawful methods cannot form the basis of a judgment is enshrined both in the Constitution and in the Criminal Procedure Code. A judgment based on such evidence constitutes, in and of itself, a ground for quashing in legal-remedy proceedings. Therefore, the manner in which evidence was obtained can be as decisive as its content.
Protective Measures: Apprehension, Detention for Questioning, Remand in Custody, and Judicial Control
The period of detention for questioning shall not exceed twenty-four hours from the moment of apprehension, excluding the time necessarily required for sending the person to the nearest judge or court; this necessary period shall not exceed twelve hours. In the case of offences committed collectively, the detention period may be extended by the public prosecutor in writing, for up to three days, each extension not exceeding one day, where there are difficulties in collecting evidence or where the number of suspects is large. If the person detained for questioning is not released, they shall be brought before the criminal judge of the peace and questioned no later than the end of these periods; defence counsel shall also be present during the questioning. The law further provides that, in certain specified offences and only in cases of flagrante delicto, persons may also be detained for questioning by law-enforcement supervisors.
Detention (tutuklama) may be ordered where concrete evidence indicates a strong suspicion that an offence has been committed and a ground for detention exists. The law further provides that a detention order may not be made where it would be disproportionate, taking into account the significance of the case and the penalty or security measure likely to be imposed. No detention order may be made for offences punishable only by a judicial fine, or for offences carrying a maximum prison sentence of no more than two years; offences intentionally committed against bodily integrity are excluded from this limitation.
Judicial control is a measure that may be imposed instead of detention where grounds for detention exist; it may also be applied where the law prohibits detention and may be ordered during the trial stage. The obligations listed in the law include not travelling abroad, reporting regularly to places designated by the judge within specified periods, not going to designated places or regions, not leaving the home or a specified residential area, not using certain vehicles, not possessing firearms and providing security. It is also possible for compliance with these obligations to be monitored using electronic devices. Decisions concerning judicial control may be challenged; whether the continuation of an obligation is necessary is reviewed at specified intervals, and the law prescribes maximum periods for judicial control.
During the investigation phase, whether continued detention is necessary must be reconsidered at intervals of no more than thirty days. Upon the request of the public prosecutor, the criminal judge of peace makes this determination after hearing the suspect or their defence counsel; the review may also be requested by the suspect. During the prosecution phase, the court decides this matter at each hearing or, where circumstances require, between hearings. In addition, a request for release may be made at any stage, and an objection may be lodged against the detention order. The law also limits the maximum periods that may be spent in detention; these periods vary depending on the court’s jurisdiction, the investigation or prosecution phase, the type of offence and the suspect’s age.
In the cases specified by law, it is also possible to claim pecuniary and non-pecuniary compensation from the State for harm caused by protective measures. These cases include arrest, custody, detention, search and seizure carried out without the requisite conditions being met, as well as a decision that there are no grounds for prosecution or an acquittal after the person has been lawfully arrested or detained. A compensation claim may be brought within three months of notification that the decision or judgment has become final and, in any event, within one year following the date on which it became final.
Types of Offences and Their Procedural Effects
Offences against persons include intentional injury, negligent injury, threats, insult and violation of the inviolability of the home. Some of these offences are subject to a complaint, while others fall within the scope of conciliation. The applicable procedure varies depending on the type of offence and the manner in which it was committed; following amendments made in 2024 and 2025 , the offence of insult was excluded from the scope of conciliation and, except where the insult is directed at a public official on account of their duties, was brought within the scope of prepayment. Since these two procedural characteristics can alter the course of a case from the outset, they must be determined separately in each case.
Among offences against property, theft, fraud, breach of trust and criminal damage are the principal offences. The basic and aggravated forms of these offences have different consequences in terms of both the applicable penalties and the procedure to be followed; as a rule, the scope of conciliation is limited to the basic forms. The competent court is determined according to the statutory upper limit of the penalty for the offence, without regard to aggravating or mitigating circumstances; accordingly, cases involving certain aggravated forms are heard by the High Criminal Court.
In traffic-related incidents, the distinction between administrative sanctions and criminal offences is important. Administrative fines for driving under the influence of alcohol or drugs, together with the suspension or revocation of a driving licence, fall within the scope of the Highways Traffic Act; the Act provides that these sanctions apply even where the act also constitutes a criminal offence. In addition, driving a vehicle while unable to drive and control it safely due to the influence of alcohol or drugs, or for any other reason, is established as a separate offence under the Turkish Penal Code. Where a traffic incident results in injury or death, the provisions on offences committed by negligence must also be assessed; although causing injury by negligence is, as a rule, subject to a complaint, the law provides that a complaint is not required in certain cases.
In cases concerning narcotic or psychotropic substances, purchasing, accepting, possessing or using them for personal use, on the one hand, and manufacturing or trafficking in such substances, on the other, constitute distinct criminal offences; this distinction fundamentally alters both the applicable penalty and the procedure to be followed. In cases of possession for personal use, the law provides for the postponement of the filing of a public prosecution and the application of a probation measure during that period; if the relevant obligations are complied with, a decision of non-prosecution is issued.
Mediation cannot be pursued in respect of offences against sexual integrity, persistent stalking or insult. Although certain offences against sexual integrity are subject to a complaint, they are governed by distinct procedural rules.
Jurisdiction, Venue and Limitation Periods
Unless otherwise provided by law, offences punishable by aggravated life imprisonment, life imprisonment or imprisonment for more than ten years, as well as the following offences, are tried before the High Criminal Court: robbery; the offences set out in the first two paragraphs of the provision on extortion; the offence set out in the second paragraph of the provision on forgery of official documents; fraudulent bankruptcy; offences defined in the sections concerning crimes against the security of the State, the constitutional order, national defence and State secrets — except for the provisions expressly excluded by law — and offences falling within the scope of the Anti-Terror Law. The Criminal Court of First Instance hears all other cases and matters. In determining jurisdiction, the upper limit of the penalty prescribed by law for the offence is taken as the basis, without regard to aggravating or mitigating circumstances. The offence of qualified fraud was removed from the jurisdiction of the High Criminal Court by an amendment made at the end of 2025; a separate transitional rule was provided for cases pending on the date of the amendment.
As a rule, the court of the place where the offence was committed has jurisdiction. The law also prescribes special jurisdictional rules for cases such as attempt, continuing offences, chain offences and offences committed through the press. In offences committed through information systems or by means of bank or credit cards, the court of the victim’s domicile also has jurisdiction.
In offences where prosecution is subject to complaint, if the person entitled to complain does not file a complaint within six months from the day on which he or she learns of the act and the identity of the offender, no investigation or prosecution may be conducted. This period may in any event not exceed the limitation period for prosecution. With respect to the offence of insult, the law further provides that the complaint period may not exceed two years from the date of the act.
In addition, there are two distinct legal concepts: the limitation period for prosecution and the limitation period for the enforcement of a sentence. The expiry of the limitation period for prosecution results in the dismissal of the public prosecution after a specified period, whereas the limitation period for the enforcement of a sentence concerns the inability to enforce a final sentence. The length of both periods varies according to the severity of the penalty prescribed for the offence. The law further provides that, in respect of a limited number of serious offences, no limitation period shall run.
Step-by-Step Process
How Does the Criminal Process Work?
Complaints, Reports and Commencement of an Investigation
An investigation begins when the public prosecutor becomes aware, whether through a report or otherwise, of a situation that gives the impression that an offence has been committed; from that moment on, the prosecutor is under a duty to gather evidence both in favour of and against the suspect.
A report or complaint may be lodged with the office of the chief public prosecutor or with the law enforcement authorities. Reports and complaints made to the provincial or district governorate or to a court are forwarded to the relevant chief public prosecutor's office. In respect of offences committed abroad that require prosecution in Turkey, applications may also be made to Turkey's embassies and consulates. Where an offence is alleged to have been committed in connection with a public duty, an application made to the administration of the relevant institution is likewise forwarded to the chief public prosecutor's office without delay.
Where an offence is subject to complaint, failure to file a complaint within the six-month period constitutes an impediment to the investigation. For offences that are not subject to complaint, the investigation is conducted ex officio; in such cases, the victim’s statement constitutes a report, and withdrawal does not, by itself, bring the case to an end.
Investigation Phase: Statement, Protective Measures and Indictment
During this phase, the suspect’s statement is taken, evidence in favour of and against the suspect is collected and, where necessary, protective measures are resorted to.
The investigation phase is, as a rule, confidential, provided that the rights of the defence are not prejudiced. Defence counsel may review the contents of the investigation file and obtain copies of documents without paying a fee. This right may be restricted only by a judge’s decision, and only in respect of offences exhaustively listed by law, where the restriction could jeopardise the purpose of the investigation; even where a restriction order is made, the record of the statement and expert reports remain outside its scope, and once the indictment is accepted, the entire file becomes available for review. The counsel representing the person injured by the offence enjoys the same rights.
At the end of the investigation, the public prosecutor either issues an indictment or decides that there are no grounds for prosecution. An objection to a decision that there are no grounds for prosecution may be lodged within two weeks of notification of the decision before the criminal judgeship of peace in the place where the assize court of the judicial district in which the public prosecutor who issued the decision serves is located.
The trial phase commences upon acceptance of the indictment by the court having subject-matter and territorial jurisdiction, and the suspect acquires the status of an accused person.
Trial Phase: Hearings, Evidence and Judgment
As a rule, the hearing is held in the presence of the defendant; except for cases expressly provided by law, no hearing may be held in the absence of the defendant. If the offence is punishable only by a judicial fine or confiscation, or by both, the hearing may be held even if the defendant does not appear; in such case, the summons sent to the defendant shall state that the hearing will proceed despite his or her absence. If, on the basis of the evidence gathered, the court concludes that a conviction, a decision not to impose a penalty, or a decision other than a security measure is required, the case may be concluded in the defendant's absence even if he or she has not been interrogated.
In judicial proceedings, witness statements, documents, expert reports, judicial inspections and records obtained through legally prescribed protective measures are assessed together. Evidence obtained through unlawful methods cannot form the basis of a judgment.
At the conclusion of the proceedings, one of the following decisions is rendered: acquittal, a decision that no penalty is to be imposed, conviction, imposition of a security measure, dismissal of the case, or discontinuance of the case.
Legal Remedies and Enforcement
An appeal to the regional court of appeal against a judgment of the court of first instance must be lodged within two weeks from the date on which the judgment is served together with its reasoning. The time limit for a cassation appeal against decisions of the regional court of appeal is also two weeks from service of the reasoned decision. An objection against decisions of a judge and, where provided by law, against decisions of a court must be filed within two weeks from the date on which the persons concerned learned of the decision. These time limits apply to decisions rendered on or after 1 June 2024; for decisions rendered before that date, the previous time limits continue to apply.
The law excludes certain decisions from the remedies of appeal and cassation; in some cases, these limits are determined by the type and length of the sentence and, in others, by the amount of the judicial fine. Accordingly, which remedy is available against a particular decision must be determined separately in each case.
Once the judgment becomes final, the enforcement stage begins; the rules applicable at this stage are set out in the Law on the Execution of Penalties and Security Measures.
Simplified and Alternative Procedures
Conciliation, Payment in Advance, Expedited Trial Procedure and Simplified Trial Procedure
Mediation
Conciliation is a procedure available in respect of offences subject to complaint for investigation and prosecution, as well as offences specifically listed in the law. For conciliation to be available, the victim or the person harmed by the offence must be a natural person or a private-law legal person. In the case of offences regulated in other laws, where the offence is not subject to complaint, the law must expressly provide for conciliation before it can be pursued.
The offences specified in the law include forms of intentional wounding other than its aggravated forms, negligent wounding, the basic form of threat, violation of the inviolability of the home, certain forms of violation of freedom of work and employment, the basic forms of theft and fraud, certain forms of abuse of trust, the purchase or acceptance of property obtained through crime, and the abduction and detention of a child. Aggravated theft and aggravated fraud are outside the scope; therefore, whether the offence involves an aggravated form is decisive in the case file.
Offences against sexual inviolability, stalking and insult fall outside the scope of conciliation even where they are subject to a complaint. In respect of the offence of insult, the law provides for the institution of prepayment instead of conciliation; however, it expressly excludes insult committed against a public official on account of their duties from this provision. Where an offence falling within the scope of conciliation is committed against the same victim together with another offence outside that scope, the conciliation provisions do not apply. However, if the other offence committed together with it falls within the scope of prepayment, the conciliation provisions apply in respect of the offence falling within the scope of conciliation.
Acceptance or rejection of the conciliation offer is at the parties’ discretion. If no decision is communicated within seven days after the offer is made, the offer is deemed to have been rejected. Rejection of the offer means that the investigation continues in the ordinary course; however, the parties may declare that they have reached a settlement no later than the date on which the indictment is issued. If the conciliation attempt is unsuccessful, conciliation may not be pursued again in the same case.
If conciliation is achieved and the obligation is performed in a single payment, a decision that there is no ground for prosecution is rendered during the investigation phase, and a decision to dismiss the case is rendered during the prosecution phase. If performance of the obligation is deferred to a later date, made in instalments, or is ongoing, a decision to defer the institution of public prosecution is rendered during the investigation phase, and a decision to stay the proceedings is rendered during the prosecution phase; the limitation period does not run during the deferral period, and if the obligation is not performed, the proceedings resume from where they left off. Conciliation has a separate consequence regarding the victim’s right to compensation, which is explained in the section addressing the victim’s position.
Criminal conciliation is an institution distinct from mediation in civil disputes. It is conducted through the conciliation bureau within the Office of the Chief Public Prosecutor; the conciliator is appointed from official lists; statements made during negotiations cannot be used as evidence at later stages; and its outcome concerns criminal procedure. Resorting to conciliation is not a condition for bringing a criminal case; the institution operates ex officio during the investigation and prosecution phases for offences specified by law.
Payment in Lieu of Prosecution
Prepayment applies to offences that fall outside the scope of mediation and are punishable solely by a judicial fine or by imprisonment with an upper limit of no more than six months, as well as to certain other offences expressly listed by law. Insult is among the offences expressly listed by law; however, insult committed against a public official on account of their duties is excluded from this provision.
Upon notification by the public prosecutor, if the amount specified by law is paid within ten days together with the investigation costs, no public prosecution is brought. If the offender so requests within the same period, the public prosecutor decides that payment may be made in three equal instalments at one-month intervals; this is not a discretionary power. If the instalments are not paid on time, the prepayment becomes ineffective and the investigation continues. Except in the case of negligent offences, if, within five years of the decision made in connection with prepayment, the offender commits an offence subject to prepayment, the amount to be offered is increased by half. Prepayment is not limited to the investigation stage: where, under special statutory provisions, the matter is referred directly to the court, the public prosecution is discontinued if the offender pays the amount determined, together with the trial costs, upon notification by the judge. The same rule applies where proceedings are brought for an offence falling within the scope of prepayment without the prepayment procedure having been carried out, or where the legal character of the act changes so that it becomes an offence falling within that scope. The fact that public prosecution is not brought or is discontinued as a result of prepayment does not affect the provisions concerning the assertion of personal rights, the recovery of property, or confiscation.
Expedited Trial Procedure
The expedited trial procedure (seri muhakeme usulü) may apply at the end of the investigation stage in respect of offences exhaustively listed in the statute, provided that no decision has been made to defer the filing of a public prosecution. The offences within its scope include certain forms of endangering traffic safety and intentionally endangering public safety, breaking an official seal, making a false statement in the preparation of an official document, using another person’s identity or identity details, causing noise, providing premises and facilities for gambling, and certain offences under the legislation on firearms, forestry and cooperatives.
If the suspect agrees, in the presence of their defence counsel, to the application of this procedure, the public prosecutor determines the sanction and submits a written request to the competent court for the application of the procedure. The sanction is calculated by applying a one-half reduction to the basic penalty determined within the statutory limits; where the conditions are met, the imprisonment may be converted into alternative sanctions or suspended.
The court hears the suspect in the presence of their defence counsel. If it concludes that the conditions are satisfied and that, on the basis of the evidence in the file, a conviction is required, it renders a judgment not exceeding the sanction indicated in the request; otherwise, it rejects the request and the file is returned to the public prosecutor’s office for disposal under the general provisions. The judgment is subject to objection; the authority examining the objection conducts its review within the limits prescribed by law.
For this procedure to be validly applied, the suspect must make an admission of their own free will and in the presence of defence counsel. If the procedure cannot be completed for any reason, the admission and related documents may not be used as evidence in subsequent investigation or prosecution proceedings. Where the offence was committed jointly, the procedure may not be applied if one of the suspects does not make an admission or if an offence outside the scope of the procedure was committed jointly.
Simplified Trial Procedure
A decision to apply the simplified trial procedure may be made by the criminal court of first instance, after the indictment has been accepted, in respect of offences punishable by a judicial fine or by imprisonment with an upper limit of two years or less. Once a hearing date has been set, this procedure may no longer be applied.
If the court decides to apply the simplified procedure, the indictment is served on the defendant, the victim and the complainant, who are asked to submit their statements and defences in writing within two weeks. Once that period has expired, judgment is given without a hearing, and in the event of a conviction the resulting sentence is reduced by one quarter. If the statutory conditions are met, a short-term custodial sentence may be converted into alternative sanctions or suspended. Where the court deems it necessary, it may open a hearing at any stage before judgment and continue the proceedings under the general provisions.
This procedure shall not apply in cases of minority or mental illness, or to offences for which the conduct of an investigation or prosecution is subject to permission or a request. It shall likewise not apply where an offence falling within its scope is committed together with another offence that falls outside its scope.
The judgment may be objected to within two weeks; if no objection is lodged within that period, the judgment becomes final. Upon objection, the file is sent to another criminal court of first instance or to another judge for the proceedings to continue under the general provisions following a hearing. If the objection is withdrawn before the hearing, no hearing is held and the objection is deemed not to have been made.
Upon objection, the court conducting the proceedings is not bound by the judgment rendered under the simplified trial procedure. If the objection is made by persons other than the defendant, the one-quarter reduction is applied; however, if the objection is made by the defendant, this reduction is not applied and a heavier penalty may ultimately be imposed. Therefore, whether to object to the judgment is a decision that should be evaluated in light of the evidence in the case file. A legal remedy may be pursued against the judgment rendered upon objection in accordance with the general provisions.
The deferral of the filing of a public prosecution is a decision to defer the public prosecution for a period of five years, despite the existence of sufficient suspicion, in respect of offences that, excluding those subject to prepayment, conciliation or the expedited trial procedure, carry a maximum term of imprisonment of three years or less. The law separately lists the circumstances in which this mechanism does not apply. There is also a sanction for failing to apply these procedures: where it is clear from the investigation file that the matter is subject to prepayment, conciliation or the expedited trial procedure, an indictment drawn up without applying the relevant procedure is returned to the Chief Public Prosecutor’s Office; if it is not returned within fifteen days of the date on which the indictment was submitted, it is deemed to have been accepted.
Victims of the offence
Status of the Victim and the Complainant
Criminal proceedings involve rights and time limits not only for the suspect and the accused, but also for the person harmed by the offence. During the investigation phase, the victim is entitled to request the collection of evidence; to request copies of documents from the public prosecutor, provided that this does not prejudice the confidentiality or purpose of the investigation; to have the investigation documents examined through counsel; and to object to the decision that there is no ground for prosecution. During the prosecution phase, the victim is entitled to be notified of the hearing, to join the proceedings, to request that witnesses be summoned, and to obtain copies of the minutes.
In cases involving sexual assault, sexual abuse of children or stalking, as well as the offences of intentional injury, torture or ill-treatment committed against women, and offences carrying a minimum sentence of more than five years’ imprisonment, a victim without legal representation may request that the bar association appoint an attorney at law; however, if the victim is a child, deaf or mute, or so disabled as to be unable to express themselves, no request is required for the appointment of counsel.
For offences prosecuted upon complaint, the six-month period for lodging a complaint begins to run when the act and the identity of the offender become known and, in any event, may not exceed the limitation period for bringing criminal proceedings. In relation to the offence of insult, the law further provides that the complaint period may not exceed two years from the date on which the act was committed. For offences not subject to complaint, the investigation is conducted ex officio; accordingly, an application by the victim constitutes a report.
During the prosecution stage, a person who has suffered harm from the offence may, at any time until the court of first instance renders its judgment, notify the court that they are a complainant and thereby acquire the status of an intervening party. Acquiring the status of an intervening party is important for following the case file and exercising procedural rights. However, the right to seek legal remedies is not reserved exclusively for those who have acquired the status of an intervening party; legal remedies are also available to persons whose application to intervene has not yet been decided or has been rejected, as well as to those who have suffered harm from the offence in a manner that would entitle them to acquire the status of an intervening party. Conversely, an application to intervene cannot be made for the first time at the legal-remedy stage; applications submitted to the court of first instance that were not decided or were rejected will be examined if they are expressly stated in the legal-remedy application.
As a rule, claims for compensation for pecuniary and non-pecuniary damage arising from an offence are pursued by means of an action brought before the civil courts. The law establishes this relationship by stipulating what does not bind the civil judge: when deciding whether the person who caused the damage was at fault or had the capacity to discern, the judge is not bound by the provisions of criminal law concerning liability, nor is the judge bound by an acquittal judgment rendered by the criminal court; a criminal court judgment concerning the assessment of fault or the determination of damage likewise does not bind the civil judge. Whether the final factual findings of the criminal court bind the civil judge is not regulated by statute and has been shaped by judicial decisions. An acquittal judgment alone does not eliminate a compensation claim.
Settlement has a direct and decisive effect on this path from the victim's perspective: once settlement is reached, no compensation claim may be brought in respect of the offence under investigation, except for damage that could not be identified at the time of settlement or that arose after settlement; any action already brought is deemed to have been waived. In other words, the scope of the performance agreed in the settlement document also defines the limits of any compensation that may later be sought. Therefore, when assessing a settlement offer, one should consider not only its consequences for the criminal proceedings, but also whether the full extent of the damage has been reflected in the document.
Withdrawal of the complaint results in dismissal of the case in offences prosecuted upon complaint, unless the law provides otherwise. Withdrawal after the judgment has become final does not prevent the execution of the penalty. In offences not subject to complaint, withdrawal does not terminate the proceedings; in such cases, whether the damage has been compensated, taking into account the victim's statement, is separately assessed in relation to the statutory reduction and suspension mechanisms.
Judgment and Next Steps
Legal Remedies, Sanctions and Execution
The time limits for seeking legal remedies are short, and failure to apply within the prescribed period results in the judgment becoming final. An appeal (istinaf) or cassation appeal (temyiz) must be lodged within two weeks of the date on which the judgment, together with its reasoning, is served. An objection to a judge’s decision or to a court decision specified by law must be lodged within two weeks of becoming aware of the decision.
In the event of a conviction, the nature of the sentence imposed and the manner of its execution require separate assessment. A prison sentence of one year or less is a short-term prison sentence. Such a sentence may be converted into one of the alternative sanctions listed in the Criminal Code, taking into account the offender’s personality, social and economic circumstances, remorse shown during the proceedings, and the particular features of the offence. In certain cases, the law makes such conversion mandatory, while in others it precludes conversion into a judicial fine.
A sentence of imprisonment of two years or less may also be suspended; this upper limit is three years for persons who had not reached the age of eighteen or who had reached the age of sixty-five at the time the offence was committed. Suspension requires that the person has not previously been sentenced to more than three months’ imprisonment for an intentional offence and that the court forms the opinion that the person will not reoffend. Where a sentence is suspended, a supervision period is set; if this period is duly completed, the sentence is deemed to have been served.
The deferment of the pronouncement of the judgment means that, where the relevant conditions are met, the court refrains from pronouncing the judgment it has rendered and places the accused under a specified supervision period. This decision may be considered where, at the end of the proceedings, the sentence imposed is imprisonment for two years or less or a judicial fine. It is also required that the accused has not previously been convicted of an intentional offence, that the court forms the opinion that the accused will not reoffend, and that the damage suffered by the victim or the public has been fully remedied by restitution, restoration to the pre-offence position, or compensation. The paragraphs regulating this institution were redrafted by the amendment dated 16 July 2026; in relation to those paragraphs, the Constitutional Court’s annulment decision dated 10 July 2025 was issued to take effect on 30 September 2026. Since the consequences of these two legislative measures operating together are disputed, the version of the institution applicable on the relevant date in the specific case must be determined separately by reference to the current text of the law. If the decision is made, a five-year supervision period begins to run; if this period is completed in compliance with the obligations, the court orders that the proceedings be discontinued, whereas if an intentional new offence is committed or the obligations are breached, the judgment is pronounced. As a rule, the decision is open to appeal by way of istinaf. The law provides that this institution does not apply to offences of torture or torment, or to offences committed by a public official by reason of their office that may be regarded as ill-treatment. As these provisions have recently been amended, explanations in older sources may not reflect the current legal position.
At the enforcement stage, mechanisms such as conditional release, execution of the sentence under a probation measure, and postponement of enforcement may come into play. To benefit from conditional release, a prisoner must have served the relevant period of imprisonment in the institution with good conduct. The law requires persons sentenced to aggravated life imprisonment to serve thirty years, persons sentenced to life imprisonment to serve twenty-four years, and persons sentenced to other fixed-term terms of imprisonment to serve half of their sentences in a penal institution; it also prescribes higher ratios for the categories of offences it specifies. The conditions for benefiting from these mechanisms vary according to the type of offence, the length of the sentence and the convicted person’s circumstances. The law imposes stricter conditions for certain offences and, through transitional provisions, establishes different regimes depending on the date of the offence.
International Matters
Criminal Cases Involving a Foreign Element
Where the suspect, defendant or victim is a foreign national, or where one of the parties is abroad, criminal proceedings require additional safeguards and distinct procedural steps. If these steps are omitted, both the right to defence and the progress of the proceedings may be affected. Turkish laws apply to offences committed in Turkey; an offence is deemed to have been committed in Turkey if the act is committed in whole or in part in Turkey, or if the result occurs in Turkey.
Interpreter, Notification and Defence Rights
An interpreter is appointed for a suspect, defendant, victim or witness who does not have sufficient command of Turkish to express themselves; the material points concerning the prosecution and defence at the hearing are conveyed through the interpreter. The cost of this interpreter is not considered a trial expense and is borne by the State Treasury. In addition, after the indictment has been explained and the opinion on the merits has been delivered, the defendant may make their oral defence in another language in which they have stated that they can express themselves better; in that case, the defendant chooses the interpreter, and the cost of that interpreter is not borne by the State Treasury.
The situation of a foreign national who has been arrested or taken into custody is reported in writing to the consulate of the state of which they are a national, unless they object in writing. The right of consular officers to visit and communicate with their nationals who are being held in custody or detained, and to arrange for their representation before the courts, is also guaranteed under an international treaty.
The right to assistance from defence counsel applies regardless of nationality.
Travel Abroad, Absence and Service of Process
One of the judicial control obligations is a prohibition on leaving the country; the law also lists the obligations not to leave a specified residential area and not to go to designated places or areas. For a suspect or accused person who is not resident in the country, this measure significantly affects the practical course of the proceedings. Decisions concerning judicial control may be challenged; whether the obligation needs to continue is reassessed at specified intervals, and the law provides for maximum periods of judicial control.
If the accused is abroad, questioning by letters rogatory may be possible subject to the conditions prescribed by law; the law excludes offences punishable by imprisonment with a minimum term of five years or more from this procedure. Questioning by means of audio-visual transmission, on the other hand, is provided for by law in respect of an accused person who is in the country. Service on persons abroad is, as a rule, effected through the competent authority of the relevant state; direct service through a Turkish embassy or consulate is possible where the addressee is a Turkish citizen. This stage is a factor that effectively prolongs the proceedings.
The provisions concerning fugitives may apply to a defendant who cannot be located and is in a foreign country. Proceedings may be conducted against a fugitive defendant; however, if the defendant has not previously been questioned, a conviction or a judgment that no penalty shall be imposed may not be rendered. Where a hearing is held and the defendant has no defence counsel, the appointment of defence counsel by the bar association shall be requested.
Consequences of Conviction Regarding Residence and Entry
The Turkish Criminal Code provides that, where a foreign national is sentenced to imprisonment for an offence, that person’s situation shall be notified forthwith to the Ministry of the Interior for consideration in connection with deportation proceedings once it has been decided that the sentence is to be enforced by applying a supervised release measure or that the person is to be conditionally released and, in any event, after the sentence has been fully served.
For this reason, the criminal case file and the administrative proceedings concerning residence permits, deportation and entry bans must be assessed together. The two processes are subject to separate procedures and separate legal remedies; the outcome reached in the criminal case does not automatically produce the same result in the administrative process. Nevertheless, the Law on Foreigners and International Protection provides that a deportation decision shall be issued against persons assessed as requiring deportation under the relevant provision of the Turkish Criminal Code; the Law also sets out the circumstances in which a deportation decision shall not be issued.
A deportation order may be challenged before the administrative court within seven days of service of the order; the decision rendered in such proceedings is final. The foreign national shall not be deported during the period for bringing proceedings and until the proceedings are concluded. Foreign nationals who have been deported are prohibited from re-entering Turkey. The re-entry ban shall not exceed five years; however, where there is a serious threat to public order or public security, this period may be extended by up to ten additional years. Conversely, the law provides that no re-entry ban need be imposed on foreign nationals who apply for voluntary departure after the expiry of their visa or residence permit and who pay the administrative fines, as well as on those who are invited to leave Turkey and depart within the prescribed period.
Extradition and Territorial Application
The extradition of a person to a foreign state is regulated by a separate statute. As a rule, Turkish nationals are not extradited; the competent authority to decide on an extradition request is the high criminal court of the place where the person is located. The statute further provides that a foreigner subject to extradition proceedings may not be deported without obtaining the opinion of the central authority.
The reverse direction of the process is also regulated by the same statute. For the purpose of completing an investigation or prosecution or executing a final and binding conviction, the judicial authorities may request the extradition from a foreign country of a person located there against whom an arrest warrant or detention order has been issued. The statute sets a threshold for such a request: extradition may be sought for an offence punishable by imprisonment with a maximum term of one year or more; in the case of a final and binding conviction, the imposed prison sentence must be at least four months. If the person has committed multiple offences, even if some of them carry sentences below these periods, they may be included in the same extradition request. The transmission of the request to the foreign state depends on the central authority considering it appropriate; the statute provides that the request may be refused before transmission if the conditions for extradition are not met, if there is a clear disproportion between the individual's interest and the public interest in view of the sentence to be served, or if national security or international relations may be harmed.
Assessment criteria
Assessment Criteria in Criminal Proceedings
The approach to be followed in criminal cases is determined by the nature of the alleged act, the stage reached in the proceedings and the state of the evidence in the case file. As part of the initial assessment, the investigation number, any official records, documents served and time limits that have begun to run may be considered together.
For suspects and defendants, the statement-taking and questioning stage, the legal remedies available against protective measures and the statutory time limits for legal remedies, and, for persons harmed by the offence, the time limit for lodging a complaint, the preservation of evidence and participation in the proceedings are assessed on a case-by-case basis.
In case files involving a foreign national suspect, defendant or victim, the appointment of an interpreter and notification to the consulate, obligations concerning leaving the country, service of documents abroad and the administrative consequences of a conviction are of particular importance.
The firm's practice areas include disputes arising under criminal law. To request a consultation, you can reach us via the contact page.
FAQs
Frequently Asked Questions
How long can a detained person be held?
The detention period may not exceed twenty-four hours from the time of apprehension, excluding the time necessarily required to send the person to the judge or court nearest to the place of apprehension; this necessary period may not exceed twelve hours. In the case of offences committed collectively, the public prosecutor may, in writing, order the detention period to be extended by three days, with each extension not exceeding one day, on the grounds that collecting evidence is difficult or that there are numerous suspects; the extension order shall be served on the detained person immediately. If the detained person is not released, he or she shall be brought before the criminal judge of the peace for questioning no later than the end of these periods. An application may be made to the criminal judge of the peace for release in respect of the apprehension, detention, or written order extending the detention period.
I have been summoned to give a statement; can I give a statement without defence counsel?
The right to the assistance of defence counsel is explained before a statement is taken. Where a person states that they are unable to choose defence counsel, defence counsel is appointed by the bar association upon their request. No request is required for the appointment of defence counsel where the suspect or accused has no defence counsel and is a child, is so disabled that they are unable to defend themselves, or is deaf and mute, or where the offence carries a minimum sentence of more than five years’ imprisonment. In addition, a statement taken by law enforcement authorities in the absence of defence counsel cannot be relied upon as a basis for a judgment unless it is confirmed before a judge or court.
If I withdraw my complaint, will the case be dismissed?
This depends on whether the offence is prosecuted upon complaint. For offences subject to complaint, unless otherwise provided by law, withdrawal by the victim results in dismissal of the case. For offences not subject to complaint, withdrawal does not terminate the proceedings; in such cases, the victim’s statement and whether the harm has been remedied are separately assessed in relation to statutory reductions and deferral provisions. Withdrawal made after the judgment has become final does not prevent the execution of the sentence.
Am I required to accept the settlement offer?
Acceptance or rejection of the settlement offer is voluntary; rejecting the offer results in the investigation continuing in its ordinary course. If no decision is communicated within seven days after the offer is made, the offer is deemed to have been rejected. If settlement is reached and the obligation is performed in a single payment, a decision of no prosecution is rendered during the investigation phase, and the case is dismissed during the prosecution phase. If performance of the obligation is deferred to a later date, made payable in instalments or is of a continuing nature, the filing of the public prosecution is postponed, and the proceedings are stayed during the prosecution phase. Once settlement is reached, no compensation claim may be brought in respect of the same offence, except for damage that could not be identified at the time of settlement or that emerges subsequently; any claim already brought is deemed to have been waived. Settlement is possible only in respect of offences specified by law; offences against sexual inviolability, persistent stalking and insult are excluded. The law also includes within the scope of settlement, in respect of children involved in judicial proceedings, offences punishable by imprisonment with an upper limit of no more than three years or by a judicial fine, provided that the victim or the person harmed by the offence is a natural person or a private-law legal entity.
Is the deferment of the pronouncement of the judgment still in force?
As of today, it remains in force; however, the future of this institution is uncertain. The provisions governing the institution were redrafted by the amendment dated 16 July 2026, and the Constitutional Court’s annulment decision concerning the same provisions, dated 10 July 2025, was issued with effect from 30 September 2026. As the combined consequences of these two legislative measures are disputed, the statutory text in force on the date of the decision must also be checked. Under the legislation currently in force, this decision may be issued if the sentence imposed is imprisonment for a term of two years or less or a judicial fine, provided that the defendant has not previously been convicted of an intentional offence, the court forms the view that the defendant will not reoffend, and the damage suffered by the victim or the public has been fully remedied. Following the decision, a five-year supervision period applies; if this period is completed in compliance with the obligations, the case shall be dismissed. Offences of torture and ill-treatment, as well as offences committed by a public official in connection with their duties that may be regarded as ill-treatment, fall outside the scope of this institution. Whether the conditions are met must be assessed separately in the specific case.
A decision not to prosecute has been issued. What can I do?
An objection to the decision not to prosecute may be lodged within two weeks of notification of the decision with the criminal judgeship of peace located in the place where the heavy criminal court of the judicial district in which the public prosecutor who issued the decision serves is located. If the objection is upheld, the public prosecutor shall prepare an indictment and submit it to the court. If the objection is dismissed, a public prosecution for the same act may be brought only if new evidence sufficient to establish the level of suspicion required to bring a public prosecution is obtained and the criminal judgeship of peace makes a decision to that effect.
What rights does a foreign national have in criminal proceedings in Türkiye?
An accused person, defendant, victim or witness who does not know Turkish well enough to express themselves is assigned an interpreter; the cost of this interpreter is not regarded as a judicial expense and is borne by the State Treasury. However, if, after the indictment has been read and the opinion on the merits has been delivered, the defendant states that they can express themselves better in another language and chooses to make their oral defence in that language, they choose the interpreter themselves, and the cost of that interpreter is not borne by the State Treasury. The situation of a foreign national who has been arrested or detained is notified in writing to the consulate of the state of which they are a national, unless they object in writing. The right to assistance from defence counsel applies regardless of nationality. In addition, a conviction resulting in imprisonment may have separate consequences in relation to administrative proceedings concerning deportation and residence permits; these proceedings are conducted separately from the criminal case and are subject to their own time limits for applications.
The statements on this page are provided for general information only and do not constitute legal advice or a legal opinion. Since the circumstances of each specific case differ, any legal assessment should be made on the basis of the particular case.
The information on this page is published, within the framework of the Turkish Bar Association Regulation on the Prohibition of Advertising, for the purpose of informing about the areas in which the firm operates, and does not imply specialisation or constitute solicitation of business.
Neither viewing this page nor contacting the firm through the links or contact details provided on this page creates an attorney–client relationship between the attorney and the applicant, nor does it imply that the matter has been accepted.
The information on this page and the relevant time limits have been prepared in accordance with the legislation in force as of 4 September 2026. As legislation may change, time limits must in any case be calculated in accordance with the current statutory text.
In criminal proceedings, the circumstances of each case may differ depending on the alleged act, the evidence and the stage of the proceedings. It is therefore important to assess the case file as a whole from the outset, monitor procedural time limits and effectively exercise the rights of defence.
Merve Kartal
attorney at law