Foreign nationals facing criminal charges in Turkey often find the legal system confusing, intimidating, and difficult to navigate—especially without legal representation. Turkish criminal trials are governed by the Criminal Procedure Code (Ceza Muhakemesi Kanunu - CMK) and involve strict deadlines, formal hearings, and evidence rules. At ER&GUN&ER, our English Speaking Turkish Lawyers represent foreigners from arrest to final appeal. This guide walks you through the full criminal trial process in Turkey with legal accuracy and practical advice.
Criminal Procedure Timeline in Turkey
The criminal process consists of several legally distinct stages:
- Investigation (Soruşturma): Led by the prosecutor. Includes police arrest, detention, and evidence collection.
- Prosecution (Kovuşturma): Begins with filing of the indictment. Case moves to criminal court.
- Trial (Yargılama): Hearings are held, evidence presented, witnesses questioned, and judgment rendered.
- Appeal (İstinaf & Temyiz): Parties can challenge the verdict at higher courts.
What Happens After Arrest?
Police or gendarmerie detain the individual and refer the matter to the public prosecutor. The foreigner must be:
- Informed of the reason for arrest (CMK Art. 90)
- Provided with a lawyer (CMK Art. 150)
- Given access to an interpreter (CMK Art. 202)
- Permitted to contact their consulate (Vienna Convention Art. 36)
Judicial Control or Pretrial Detention
Once referred to court, the judge of the Criminal Court of Peace decides whether to:
- Release the suspect with no restrictions
- Impose judicial control (e.g., travel ban, police signature)
- Order pretrial detention (tutuklama) if flight risk or danger exists
We immediately appeal unlawful detentions and request alternative measures such as house arrest or reporting requirements.
How the Criminal Court Process Works
- Indictment (İddianame): Prosecutor files charges based on evidence
- Judge Review: Court accepts or rejects the indictment
- Hearing Dates: Scheduled 1–3 months after indictment approval
- Trial Hearings: Both sides present evidence, examine witnesses, and argue the case
- Verdict: Announced at final hearing, typically within 3–5 sessions
Can Foreigners Be Represented Through POA?
Yes. We represent foreign clients through a notarized Power of Attorney (vekaletname). You do not need to attend unless ordered by the court. POA enables us to:
- Attend all hearings on your behalf
- Request release, file appeals, and present evidence
- File motions in your absence (CMK Art. 193)
Appeal Process After Conviction
Both parties can appeal a criminal verdict within 7 days. Appeals go to:
- Regional Court of Appeal (İstinaf): Reviews facts and law
- Supreme Court of Appeals (Yargıtay): Reviews only law and procedure
We file appeals, request stay of execution, and pursue acquittals or sentence reduction on your behalf.
Examples from Our Practice
- 🇬🇧 British expat accused of assault—case dismissed due to unlawful evidence
- 🇺🇸 U.S. tourist detained for theft—released after cross-examination exposed lack of intent
- 🇷🇺 Russian client convicted of fraud—appeal reduced sentence by 40%
Frequently Asked Questions (FAQs)
- Do Turkish courts offer plea bargains? No. But judges may reduce sentence for early confession or repentance.
- Are interpreters mandatory in trials? Yes. The state must provide one if requested.
- Can I visit or call my arrested relative? Yes. With legal authorization or consulate support.
- Do I need to be present at every hearing? No. If you issue POA, your lawyer can attend and file motions for exemption.
- What if I miss a hearing? If you have POA and exemption was granted, no issue. Otherwise, arrest order may be issued.
- Can I change my lawyer mid-trial? Yes. New POA must be submitted and court informed immediately.
- What are the typical trial durations? Minor offenses: 4–6 months. Serious charges: 1–2 years including appeals.
- Can I get bail in Turkey? Turkey does not have bail. Only judicial control or pretrial release options exist.
- Will a conviction affect my residence permit? Yes. Conviction may lead to deportation or visa ineligibility.
- Is my criminal record shared internationally? Possibly. We advise on Interpol alerts and immigration impact.
- Do courts consider cultural misunderstanding? Not usually. But your lawyer can present mitigating factors and language issues.
Conclusion: Criminal Defense Is Not Optional—It’s Urgent
If you or a loved one are facing criminal charges in Turkey, early and strategic legal intervention is critical. At ER&GUN&ER, our English Speaking Turkish Lawyers represent foreign nationals from arrest to acquittal. We attend court on your behalf, file appeals, coordinate with your consulate, and protect your rights at every stage. Contact the Best Lawyer in Turkey to receive experienced, confidential, and results-driven defense in any Turkish criminal court.