Criminal Proceedings in Turkey: A Step-by-Step Guide for Foreigners

Turkish criminal procedure follows a fixed sequence. Knowing which stage a file has reached tells you what can still be done and what has already been decided. This guide walks through that sequence in order — from the first complaint to the final appeal — with the provisions of the Code of Criminal Procedure (Law No. 5271, “CCP”) that govern each step.

If you are looking for an overview rather than the procedural sequence, start with our guide to criminal proceedings in Türkiye and working with a criminal lawyer in Antalya.

The two phases of a Turkish criminal case

Direct answer: Every Turkish criminal case has an investigation phase (soruşturma) led by a public prosecutor, and a prosecution phase (kovuşturma) that begins only when a court accepts an indictment. You are a suspect in the first and a defendant in the second.

The practical significance is that most evidence is gathered before any judge examines the file. By the time a case reaches court, the factual record has largely been set.

Step 1: The investigation begins

An investigation may start from a criminal complaint, a report by the police, or the prosecutor’s own knowledge of an alleged offence. From that point the file has a number — the soruşturma numarası — held by a specific prosecutor’s office. In Antalya this is the Antalya Chief Public Prosecutor’s Office.

Knowing this number is the practical prerequisite for everything else. Without it, no one can examine the file or find out what is alleged.

Step 2: Statements are taken

Direct answer: You may be asked to give a statement to the police and then to the prosecutor. Both are governed by CCP Article 147, which requires that you first be told the offence alleged, your right to a lawyer, and your right to remain silent.

Before your statement is taken, Article 147(1) requires that your identity be established, the offence be explained, your right to counsel be notified, a relative be informed, and that you be told that not making a statement is your legal right. You must also be given the opportunity to put forward matters in your favour, and to ask that evidence clearing the suspicion be collected — Article 147(1)(f).

Two limits protect the record. Under Article 148(4), a statement taken by the police without a lawyer present cannot form the basis of a judgment unless confirmed before a judge or court. Under Article 148(5), a further statement about the same incident may only be taken by the public prosecutor.

If you do not speak Turkish well enough to express yourself, Article 202(3) requires that an interpreter be appointed by the judge or prosecutor at this stage.

Step 3: Protective measures may be applied

During the investigation the prosecutor may seek measures from a criminal judge of peace (sulh ceza hâkimliği). These do not determine guilt; they secure the investigation.

• Police custody — CCP Article 91, normally up to 24 hours from apprehension.
• Pre-trial detention — CCP Article 100, requiring concrete evidence of strong suspicion and a statutory ground, and prohibited under Article 100(4) where only a fine or a sentence with an upper limit of two years is at stake, apart from intentional offences against bodily integrity.
• Judicial control — CCP Article 109, imposed instead of detention. For foreign nationals the most consequential obligation is the prohibition on leaving the country under Article 109(3)(a).
• Search and seizure — as a rule requiring a judge’s decision, or in urgent cases the written order of the authority the Code specifies.

Detention is capped by CCP Article 102: one year for matters outside the assize court’s jurisdiction, extendable by six months with reasons; two years for matters within it, extendable as that article provides. Article 102(4) sets separate caps for detention during the investigation phase itself.

Step 4: The investigation concludes

Direct answer: The prosecutor either files an indictment or decides not to prosecute. Under CCP Article 170(2), an indictment is filed only where the evidence gathered creates sufficient suspicion that the offence was committed.

Where an indictment is filed, Article 170(3) requires it to identify the suspect and their lawyer, the victim, the offence charged and the legal provisions relied on, the place and time of the offence, the evidence, and whether the suspect is detained, with the relevant dates.

Article 170(4) requires that the events constituting the offence be explained by reference to the evidence, and that unrelated material be excluded. Article 170(5) requires the conclusion to set out matters in the suspect’s favour as well as against them.

Where the evidence falls short, the prosecutor issues a decision of non-prosecution. That decision may be challenged within the period the Code provides.

Step 5: The court accepts or rejects the indictment

The indictment is submitted to the court that has jurisdiction. The court examines it and either accepts it — at which point the prosecution phase begins and the suspect becomes a defendant — or rejects it and returns it to the prosecutor.

Which court receives it depends on the offence. Under Article 12 of Law No. 5235, assize courts (ağır ceza mahkemesi) hear cases concerning aggravated life imprisonment, life imprisonment and offences carrying more than ten years’ imprisonment, along with a specific list of offences including robbery under TPC Article 148. Other criminal cases are heard by courts of first instance for criminal matters (asliye ceza mahkemesi).

Step 6: Hearings

Direct answer: Hearings are held before professional judges — there is no jury — and are normally spaced weeks or months apart. As a rule, under CCP Article 193(1), a hearing is not held in the defendant’s absence.

At the first hearing the indictment is read and the defendant is questioned. Evidence is then heard across subsequent hearings: witnesses, expert reports, documents. The prosecutor gives a final opinion, the defence responds, and the court delivers judgment.

Attendance where the defendant lives abroad

CCP Article 196 provides several routes that matter to a defendant who does not live in Türkiye:

• Article 196(1) — once the court has questioned the defendant, the court may exempt them from attending, on their application or that of a lawyer authorised for that purpose.
• Article 196(2) — the defendant may be questioned by letter of request (istinabe), except for offences carrying a minimum of five years’ imprisonment or more. Before that questioning, the defendant is asked whether they wish to give their statement before the trial court itself.
• Article 196(4) — where the court considers it necessary, a defendant within Türkiye may be questioned or participate in hearings by simultaneous audio and video link.
• Article 196(6) — where it is difficult for a defendant abroad to attend on the date set, the hearing may be opened earlier or questioning may take place by letter of request.

These are possibilities the Code makes available; whether any applies is decided by the court in the individual case. Article 193(2), as amended in 2023, also allows a case to be concluded in the defendant’s absence where the court concludes that a decision other than conviction or a security measure should be given.

Interpretation at trial

Under CCP Article 202(1), where a defendant does not speak Turkish well enough to explain themselves, the essential points of the accusation and defence are translated by a court-appointed interpreter. Article 202(4) additionally allows the defendant, after the indictment is read and after the prosecutor’s final opinion, to make oral submissions in another language using an interpreter of their own choosing from the official list — with that interpreter’s fee not borne by the state.

Step 7: Judgment

The court may convict, acquit, decide that no penalty shall be imposed, dismiss the case, or apply one of the alternative outcomes the law provides — such as deferring the announcement of the verdict, where the statutory conditions are met.

Turkish criminal law also contains offence-specific mechanisms. For personal drug use under TPC Article 191, for example, Article 191(2) requires a decision deferring the opening of a public prosecution for five years, with a probation measure of at least one year under Article 191(3); if the person does not breach the conditions, Article 191(7) requires a decision of non-prosecution.

No responsible prediction of outcome can be made in advance. The result depends on the evidence, the classification of the conduct, and the court’s assessment of the specific facts.

Step 8: Appeal

A judgment of first instance may be challenged through the appellate routes the Code provides — first to the regional courts of justice (bölge adliye mahkemesi) and, in the cases the Code allows, to the Court of Cassation (Yargıtay). Time limits apply and are short. A judgment becomes final once the available routes are exhausted or the periods expire.

How long does the whole process take?

Direct answer: There is no fixed answer, and any specific figure offered before the file has been examined should be treated with caution. The Code sets maximum periods for detention (CCP Article 102), not for the length of proceedings.

Factors that lengthen cases involving foreign nationals in particular include service of documents abroad, the scheduling of letters of request under Article 196, the availability of interpreters, and the need for expert reports.

Where the parallel civil claim fits

A criminal case does not by itself produce compensation. Where an offence has also caused loss — most commonly in traffic accidents — a separate civil claim is normally required. The two proceed under different rules, and the criminal file may be treated by the civil court as a preliminary question on the issue of fault.

Frequently asked questions

How do I find out whether there is an investigation against me?

An investigation is identified by a file number held by a specific prosecutor’s office. A lawyer instructed under a power of attorney can examine the file and establish what is alleged.

What is the difference between a suspect and a defendant?

You are a suspect during the investigation phase. You become a defendant when the court accepts the prosecutor’s indictment and the prosecution phase begins.

Can a case be dropped before it reaches court?

Yes. Under CCP Article 170(2) the prosecutor files an indictment only where the evidence creates sufficient suspicion; otherwise a decision of non-prosecution is issued.

Must I attend every hearing?

As a rule a hearing is not held in the defendant’s absence (CCP Article 193(1)). However, CCP Article 196(1) allows the court to exempt a defendant from attendance once they have been questioned, and Article 196(2), (4) and (6) provide for questioning by letter of request, audio-visual participation within Türkiye, and specific arrangements for defendants abroad.

Are hearings conducted in English?

No. Proceedings are conducted in Turkish. CCP Article 202 provides for interpretation of the essential points of the accusation and defence, at the investigation stage as well as at trial.

How long can I be detained before trial?

CCP Article 102 sets the limits: one year for matters outside the assize court’s jurisdiction, extendable by six months with reasons; two years for matters within it, extendable as that article provides. Separate caps apply to detention during the investigation phase under Article 102(4).

Can I appeal a conviction?

Yes, through the appellate routes provided by the Code, within the applicable time limits. Those limits are short, which is why the judgment should be reviewed promptly once it is delivered.

If your case is at an early stage

If you are involved in a criminal investigation or proceeding in Antalya, obtaining legal advice at an early stage can help you understand the allegations, your procedural rights and the options available to you. Our office can be reached in English through the contact page. For situations involving detention, see our guide on the rights of foreign nationals who are arrested or detained in Antalya.

Sources

• Code of Criminal Procedure (Law No. 5271) — Articles 91, 100, 102, 109, 147, 148, 170, 193, 196, 202
• Turkish Penal Code (Law No. 5237) — Articles 148, 191
• Law No. 5235 on the Establishment and Jurisdiction of Courts — Article 12

This article is provided for general informational purposes and does not constitute legal advice. The applicable legal procedure may vary depending on the facts and circumstances of each case.