Foreign nationals involved in criminal investigations or court proceedings in Turkey require immediate legal protection. Whether the issue is minor or serious—such as theft, assault, drug charges, traffic accidents, or immigration-related offenses—understanding the Turkish criminal justice system is essential. At ER&GUN&ER, our English Speaking Turkish Lawyers provide urgent and ongoing criminal defense for foreign clients at every stage of investigation and trial. This guide outlines key procedures, rights, and legal strategies in Turkey’s criminal law for non-Turkish citizens.
When Can a Foreigner Be Investigated or Charged in Turkey?
Foreigners in Turkey can be investigated or prosecuted under Turkish Criminal Law (TCK) just like Turkish citizens. Some of the most common criminal issues involving foreign nationals include:
- Assault or domestic violence allegations
- Drug possession or trafficking (especially in airports or nightlife areas)
- Theft, fraud, or credit card crimes
- Driving under influence (DUI) or traffic-related fatalities
- Illegal residency or visa overstays
- Immigration or deportation-related resistance
- Defamation or public disturbance
Key Criminal Law Principles in Turkey
- Presumption of Innocence: A person is considered innocent until proven guilty by final court decision.
- Right to Legal Counsel: Everyone has the right to choose and consult a lawyer from the moment of arrest or investigation.
- Right to an Interpreter: Foreign nationals are entitled to free translation and interpretation services during all proceedings.
- Right to Consular Notification: Embassies or consulates must be notified upon arrest of a foreigner.
Stages of Criminal Procedure in Turkey
1. Investigation Stage (Soruşturma)
Conducted by the police under supervision of the public prosecutor (savcı). The foreigner may be detained for up to 24–48 hours depending on the nature of the crime.
2. Arrest and Custody (Gözaltı & Tutuklama)
If the prosecutor believes there is strong suspicion of a crime, they may request the arrest of the suspect. The criminal court of peace decides on arrest.
3. Indictment (İddianame)
After investigation, if sufficient evidence exists, the prosecutor files an indictment and the case proceeds to court.
4. Trial (Duruşma)
Trial takes place in criminal courts depending on the type of offense: penal courts of first instance (for minor offenses), or heavy penal courts (for serious crimes).
5. Appeal (İstinaf & Temyiz)
Convictions can be appealed to the Regional Court of Appeal (BAM) and later to the Court of Cassation (Yargıtay) if necessary.
Can a Lawyer Represent the Foreign National Without Their Presence?
Yes. Through a notarized Power of Attorney or with court permission, our Turkish Criminal Lawyers can represent foreign nationals at hearings, file appeals, and manage correspondence remotely.
Detention, Deportation, and Criminal Record Issues
- Foreigners may be detained in criminal custody or immigration removal centers (GGM)
- A criminal conviction may lead to an administrative deportation decision (sınır dışı kararı)
- We assist with appeals against detention or deportation orders
- We also help clear criminal records (sabıka kaydı) or handle Interpol notices
What to Do If a Foreigner Is Arrested in Turkey
- Contact a Turkish Law Firm immediately
- Ensure consular officials are informed
- Do not sign documents without a lawyer
- Exercise your right to remain silent until legal counsel arrives
- Demand an interpreter if needed
Examples of Criminal Defense Cases We Handle
- U.S. national accused of drug possession in Istanbul nightclub – case dismissed for unlawful search
- British expat charged with assault in Antalya – reduced sentence through mediation
- Ukrainian tourist charged with defamation – resolved with formal apology and case closed
- German entrepreneur accused of tax evasion – full acquittal after documentation review
Why Choose ER&GUN&ER Turkish Law Firm?
- Fluent English communication and international client experience
- Fast response team for urgent criminal defense
- Experienced in representing foreigners in Turkish criminal courts
- Confidential, ethical, and strategic case handling
- Nationwide coverage across all Turkish provinces
Related Services
- Power of Attorney for Criminal Defense
- Legal Consultancy for Foreigners
- Citizenship and Criminal Records
Frequently Asked Questions (FAQs)
- Will a foreigner go to jail for minor crimes? Not always. Fines, probation, or suspended sentences may apply depending on the severity and prior record.
- Can I leave Turkey during a criminal case? Courts may impose a travel ban (yurt dışı çıkış yasağı). We assist in requesting removal of this restriction.
- Are criminal records shared internationally? Sometimes. We advise clients on Interpol risks and diplomatic actions.
- Can I appeal a criminal verdict? Yes. Two-stage appeal is available: Regional Court and Court of Cassation.
- Can my lawyer file criminal complaints on my behalf? Yes. We file petitions, criminal complaints and follow-up procedures under your POA.
Conclusion: Your Freedom Requires Immediate Legal Action
When freedom is at stake, you need more than a translator—you need a defense lawyer who understands the system, speaks your language, and can act fast. Our English Speaking Turkish Lawyers defend foreign nationals with precision, discretion, and full legal strength. Contact the Best Lawyer in Turkey at ER&GUN&ER today if you or your loved one needs criminal defense in Turkey.