Criminal Defence Lawyer in Turkey: Legal Protection for Foreign Nationals

Criminal defence lawyer in Turkey representing a foreign national

Being accused of a crime in a foreign country is one of the most stressful legal experiences imaginable. For foreigners in Turkey, this experience is compounded by language barriers, unfamiliar procedures, and the fear of wrongful conviction. That’s why working with an experienced criminal defence lawyer in Turkey is not only advisable—it’s essential. At Istanbul Law Firm, we represent foreign nationals in all stages of criminal proceedings, ensuring their legal rights are protected and due process is observed. Our team of English speaking lawyers in Turkey offers urgent response, strategic defence, and courtroom representation across a range of charges from theft and assault to financial crimes and immigration violations.

Turkey’s criminal justice system follows a civil law model, with procedures codified in the Turkish Criminal Procedure Code (CMK). Investigations are initiated by police or prosecutors, and suspects can be detained, questioned, and charged with little warning. Foreign nationals who are unfamiliar with Turkish criminal law are especially vulnerable to procedural mistakes or miscommunication that can worsen their legal situation. A qualified Turkish Lawyer with criminal law specialization can intervene immediately to ensure legal compliance during police custody, protect against coerced confessions, and file early motions to dismiss invalid or exaggerated charges.

This guide explains the critical role of a criminal defence lawyer in Turkey—from police station representation and investigation monitoring to full courtroom defence and appeals. Whether you are a tourist, resident, or business owner in Turkey, facing criminal allegations requires fast, professional, and culturally competent legal help. Related: What Happens If You’re Arrested as a Foreigner in Turkey?, Why Language Access Is Vital in Turkish Criminal Defence

Why Foreigners in Turkey Need Expert Criminal Defence Lawyers

Foreigners accused of crimes in Turkey face not only legal jeopardy but also administrative consequences, including deportation, visa cancellation, and travel bans. In such cases, every hour matters. A licensed Turkish Law Firm with courtroom authority and deep knowledge of criminal statutes can prevent irreversible damage. At Istanbul Law Firm, we respond immediately to arrest notices, visit clients in detention, and initiate legal filings to challenge wrongful accusations or excessive charges. Our goal is to resolve the matter before it escalates to trial—or to build a watertight defence strategy if it does.

Expert defence also means understanding how to navigate the interaction between Turkish criminal law and foreign rights. For example, under Article 59 of the CMK, consular notification is mandatory when a foreign national is detained. We ensure this is done properly and that embassies are contacted. We also coordinate with translators, secure bail hearings, and prepare defence statements in both Turkish and English to ensure procedural fairness. Our criminal defence lawyers in Turkey frequently handle cases involving digital crimes, immigration offences, commercial fraud, and personal disputes that escalated into criminal complaints.

Most importantly, we maintain communication with our clients and their families. Our English speaking lawyers in Turkey provide daily updates, explain court proceedings, and offer realistic outcome assessments—ensuring that clients are never left in the dark about their own case. We understand the psychological stress foreign defendants face and act not only as legal advisors but also as strategic allies. Related: How Criminal Charges Impact Business Licenses in Turkey, What If a Criminal Case Involves Real Estate Assets?

How the Turkish Criminal Process Works: From Arrest to Verdict

Understanding the Turkish criminal process is crucial for any foreign national facing prosecution. The system follows a structured sequence governed by the Turkish Penal Code (TCK) and the Criminal Procedure Code (CMK). The process begins with the “investigation phase,” where a crime is suspected, and the prosecutor collects evidence. This may involve police detention, searches, and interrogation. The suspect is entitled to a criminal defence lawyer in Turkey from the moment of detention, and any statement made without legal counsel can be challenged. At Istanbul Law Firm, we immediately intervene at the police or gendarmerie station, advising clients on their rights and blocking improper procedural tactics.

If the prosecutor deems the evidence sufficient, they prepare a formal indictment (iddianame), which is submitted to a criminal court for review. If accepted, the case moves into the “prosecution phase,” during which hearings are scheduled, evidence is presented, and witnesses are examined. This stage is critical, as procedural violations or weak indictments can be challenged through pre-trial motions. A seasoned Turkish Lawyer will use this phase to shape the defence strategy, identify inconsistencies in the prosecutor’s claims, and seek dismissal if procedural grounds exist. Our team of English speaking lawyers in Turkey keeps clients fully informed of court timelines, required appearances, and strategic decisions.

The final stage is the verdict and appeals process. If the court finds the defendant guilty, a sentence is issued, which may include prison, fines, or a suspended sentence. However, nearly all criminal verdicts in Turkey can be appealed—first to a Regional Court of Appeals and later to the Supreme Court. We prepare thorough appeal dossiers, highlighting procedural errors or factual misinterpretations that warrant reversal. The appeals process is often overlooked, but it can dramatically change case outcomes when handled by an experienced Turkish Law Firm. Related: What If a Verdict Results in Deportation?, The Role of Language During Criminal Trials in Turkey

Key Defences Used by Criminal Defence Lawyers in Turkish Courts

In Turkish criminal courts, defence attorneys employ a range of legal strategies to protect their clients from conviction or to reduce sentencing. The choice of defence depends on the nature of the charge, the available evidence, and procedural integrity. One of the most powerful tools is the claim of “lack of intent” (kastın yokluğu)—used when the act occurred but was not carried out deliberately. For example, in cases involving bodily harm or financial disputes, showing that the accused lacked criminal intent can result in acquittal or reclassification of the offense. At Istanbul Law Firm, our criminal defence lawyers in Turkey analyze police reports, witness statements, and surveillance footage to establish intent-based defences.

Another frequently used defence is “procedural violation,” where the investigation or prosecution has failed to follow legal norms. This can include unlawful detention, lack of legal counsel during questioning, improperly gathered evidence, or missed court deadlines. A competent Turkish Lawyer will file objections under Article 217 of the CMK, demanding that illegally obtained evidence be excluded from trial. We often challenge indictments on these grounds, leading to case dismissals or verdict reversals. Procedural strategy is especially important for foreigners who may not have been notified properly or who were questioned without a translator.

In financial and commercial crime cases, defence often rests on lack of mens rea (criminal state of mind) or mistaken identity. In such scenarios, we request forensic audits, expert witness testimony, and even cross-border bank records to support our client’s innocence. Our English speaking lawyers in Turkey prepare comprehensive defence files in both Turkish and English, ensuring nothing is lost in translation. These are then submitted to court as part of a structured litigation plan under Turkish evidentiary rules. Related: How Business Owners Face Criminal Exposure in Turkey, When Real Estate Disputes Escalate into Criminal Charges

Legal Rights of Foreigners During Criminal Proceedings in Turkey

Foreigners subject to criminal investigation or trial in Turkey are entitled to the same fundamental legal rights as Turkish citizens—plus additional protections under international law. According to the Turkish Criminal Procedure Code (CMK), all suspects must be informed of the nature of the accusation, their right to remain silent, and their right to legal counsel. For foreign nationals, these rights extend to immediate access to an English speaking lawyer in Turkey, the use of an interpreter during questioning, and the right to have their consulate notified upon detention. At Istanbul Law Firm, we enforce these rights from the moment our client is taken into custody, ensuring procedural safeguards are followed precisely.

One of the most important rights is the right to a fair trial—guaranteed under both Turkish law and Article 6 of the European Convention on Human Rights. This includes the right to access case files, question witnesses, present evidence, and receive a reasoned decision from the court. Our criminal defence lawyers in Turkey challenge any violations of these rights, including delayed access to counsel, unlawful evidence collection, or denial of translation services. We file procedural objections at every stage and, if needed, pursue appeals based on due process violations. These efforts are critical for non-Turkish-speaking clients who are at greater risk of misrepresentation or administrative error.

Additionally, foreign nationals have the right to consular support, which can be activated under the Vienna Convention. Upon arrest, we immediately notify the relevant embassy or consulate and coordinate their involvement if required. We also work with families abroad, keep all parties informed, and submit documents in English when possible. As a full-service Turkish Law Firm, Istanbul Law Firm ensures not only legal defence, but also legal accessibility for every foreign client. Related: What If Your Lawyer Doesn’t Speak English?, How Criminal Cases May Trigger Deportation Proceedings

Common Criminal Charges Faced by Foreign Nationals in Turkey

Foreign nationals in Turkey may find themselves entangled in criminal investigations stemming from a wide range of situations—many of which are tied to misunderstandings, administrative oversights, or cultural differences. One of the most common criminal allegations is visa overstay or illegal residency, which can be prosecuted under immigration and public order laws. At Istanbul Law Firm, our criminal defence lawyers in Turkey routinely defend clients accused of violating their residence permit terms or overstaying their tourist visas. These cases can escalate to criminal court if repeat violations or forged documents are involved, and they often result in deportation unless handled strategically.

Other frequent charges include assault (especially in nightlife or traffic disputes), theft (including minor shoplifting), drug possession, and public disturbance. Many of these offenses arise from misunderstanding local laws, reacting emotionally in public spaces, or unknowingly engaging in prohibited behavior. For example, physical altercations—even without injury—can lead to prosecution under Article 86 of the Turkish Penal Code. A skilled Turkish Lawyer will analyze the context, assess available evidence, and pursue alternatives such as mediation, fine-only sentences, or conditional suspension of proceedings where applicable.

More serious charges include financial crimes (fraud, forgery, tax evasion), sexual misconduct, and organized crime involvement. These often involve long investigations, multiple co-defendants, and international evidence requests. Our team of English speaking lawyers in Turkey provides clear guidance, multilingual defence documentation, and protective strategies to avoid pretrial detention or asset freezes. Related: Can a Criminal Accusation Lead to Removal from Turkey?, How Corporate Structures May Be Involved in Criminal Cases

How Criminal Convictions Affect Residence and Visa Status in Turkey

Criminal convictions in Turkey can have serious consequences for a foreign national’s immigration status. Even minor offenses may trigger administrative review by the Immigration Directorate, potentially resulting in residence permit cancellation, visa refusal, or a formal deportation order. Turkish Law No. 6458 on Foreigners and International Protection allows the government to deport foreigners deemed a threat to public order, public morality, or public health—even without a final conviction. At Istanbul Law Firm, our criminal defence lawyers in Turkey coordinate closely with immigration specialists to defend both the criminal case and its immigration consequences in parallel.

A key risk is that a criminal conviction—especially for moral crimes, drugs, violence, or document fraud—can block future residence permit extensions or bar re-entry to Turkey. Even if the sentence is suspended, a record may be shared with the Immigration Directorate and remain in the system for years. Our Turkish Lawyers file stay-of-deportation requests, appeal negative residence rulings, and work with embassies and consulates to secure legal alternatives. We also help clients correct official records and secure “no criminal record” certificates needed for new applications.

Furthermore, any pending or past criminal case may disqualify a foreign national from applying for Turkish citizenship or may cause an existing application to be rejected. We advise clients from the outset if their legal status may be impacted and provide proactive strategies to maintain residency continuity. Our English speaking lawyers in Turkey help clients understand how their legal record is processed and what steps they must take to remain eligible for future residence or naturalization. Related: Criminal Background Checks in Citizenship Applications, Legal Remedies Against Deportation Orders

The Role of Power of Attorney in Criminal Defence for Foreign Clients

For foreign nationals facing criminal allegations in Turkey, attending every legal proceeding in person can be logistically and emotionally overwhelming—especially if the individual resides abroad or is in custody. In such cases, a notarized Power of Attorney (vekaletname) allows a criminal defence lawyer in Turkey to act on the client’s behalf in a wide range of procedures, including court hearings, legal filings, appeals, and negotiations with prosecutors. At Istanbul Law Firm, we prepare bilingual POAs that are legally valid in Turkish criminal courts, giving our clients peace of mind and uninterrupted representation.

The POA must be issued through a Turkish notary or a Turkish consulate abroad and include specific wording authorizing defence in criminal matters. General POAs are insufficient—criminal defence requires express authority. Once issued, the lawyer can receive case files, attend hearings, submit motions, and even negotiate plea agreements without requiring the client’s physical presence in Turkey. Our Turkish Lawyers also file urgent motions such as bail applications or deportation suspension requests under POA, ensuring timely intervention in critical phases of the legal process.

This legal tool is especially valuable when the client is detained but prefers to remain silent or if they want strategic coordination with family or consular representatives. Our English speaking lawyers in Turkey ensure that POAs are used only within the scope of the client's instructions and that the client is continuously updated via secure channels. Related: How POAs Are Used in Real Estate Defence Cases, Bilingual POA Drafting for Court Representation

Long-Term Legal Monitoring After Acquittal or Sentencing in Turkey

Many foreign clients assume that once a criminal case ends—whether by acquittal or sentencing—the legal process is over. In reality, post-trial legal monitoring is just as important as the defence itself. Even after an acquittal, administrative authorities such as the Immigration Directorate may retain a record of the arrest or investigation, triggering visa issues, entry bans, or delays in residence permit renewal. At Istanbul Law Firm, our criminal defence lawyers in Turkey continue working with clients long after the courtroom decision, ensuring their legal and immigration standing remains protected.

In sentencing cases, monitoring becomes even more critical. Convictions involving suspended sentences (hükmün açıklanmasının geri bırakılması – HAGB) or parole require compliance with behavioral conditions. Any future offence or violation can reactivate a suspended sentence. We track our clients’ records, advise on expungement opportunities, and communicate with probation offices (Denetimli Serbestlik) to ensure compliance. Our Turkish Lawyers also assist with criminal record correction, legal rehabilitation applications, and coordination with consular and immigration authorities post-sentencing.

Moreover, if the client plans to apply for Turkish citizenship or a long-term residence permit, we perform eligibility reviews to detect any record-based disqualification. Our English speaking lawyers in Turkey provide periodic legal audits, review administrative data, and advise on the best time and strategy to pursue legal upgrades. Whether you were acquitted, fined, or conditionally released, our ongoing legal monitoring ensures that past criminal cases do not resurface to harm your future in Turkey. Related: Criminal Records and Citizenship Eligibility in Turkey, When Can a Cleared Criminal Case Still Lead to Deportation?

Frequently Asked Questions (FAQs)

  • Do foreigners have the right to a lawyer in criminal cases in Turkey? Yes. Foreigners have the same right to defence counsel as Turkish citizens, and consular notification is mandatory.
  • Can I hire an English speaking lawyer in Turkey for criminal defence? Absolutely. At Istanbul Law Firm, all criminal defence cases involving foreigners are handled by bilingual lawyers.
  • What are the most common charges against foreigners? Immigration violations, assault, public disturbance, minor theft, and financial crimes.
  • What happens if I’m arrested in Turkey? You must be informed of your rights, and we immediately intervene to provide legal representation and protect due process.
  • Can a criminal conviction lead to deportation? Yes. Certain convictions may trigger removal proceedings or visa cancellation.
  • Can I defend myself remotely? Yes, using a notarized Power of Attorney. We manage court attendance, filings, and strategy on your behalf.
  • What is the HAGB system in Turkey? It's a suspended sentence mechanism. We advise whether it’s appropriate or risky based on the case.
  • How do you prepare for trial? We gather evidence, analyze the indictment, prepare witness testimony, and conduct courtroom advocacy in both languages.
  • Will a criminal case affect my citizenship application? Possibly. We assess risk and provide guidance on timing and rehabilitation options.
  • Can a lawyer appeal my conviction? Yes. Our Turkish Lawyers prepare full appellate briefs to the Regional and Supreme Courts if needed.
  • What if I was wrongfully accused? We pursue full acquittal, reputation protection, and damages if the case involved abuse of process.
  • Which is the best law firm for criminal defence for foreigners in Turkey? Istanbul Law Firm—trusted, multilingual, experienced in defending foreign clients with full strategic support.

Contact Our Turkish Criminal Defence Lawyers

Facing criminal charges in a foreign country is daunting. Let Istanbul Law Firm defend your rights with clarity, speed, and courtroom experience. Our criminal defence lawyers in Turkey provide full bilingual legal support for foreign nationals under investigation, arrest, or trial.