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Criminal law in Turkey

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Criminal law in Turkey: everything you need to know

For foreigners facing criminal law issues in Turkey, it is essential to understand local laws and procedures. Whether for minor offences or serious crimes, Turkish criminal law can be complex and far-reaching. This page provides an overview of key aspects of criminal law in Turkey and the steps you can take if you or a loved one is facing a criminal justice issue.

The basics of Turkish criminal law

Turkish criminal law is based on the principle of territoriality, meaning that Turkish criminal law applies to anyone who commits a crime in Turkey, regardless of nationality. Turkish criminal law strives to protect individual rights, public order and the rule of law. If a crime is committed, Turkish authorities have the right to launch a criminal investigation, which may involve both Turkish citizens and foreigners.

Investigation and arrest

When a crime is suspected, prosecutors in Turkey can launch an investigation. This can be on their own initiative or in response to a complaint. If you are arrested in Turkey, it is crucial to know that you have the right to consult a lawyer before your statement is made. This is mandatory under Turkish law, and statements made without the presence of a lawyer cannot be used as evidence in court unless later confirmed by the accused.

The criminal process

The criminal process in Turkey usually starts with a preliminary investigation, followed by a formal indictment if there is sufficient evidence to start a trial. During the trial, the accused is entitled to a fair trial, including the right to defend themselves. If you cannot afford a lawyer, you can be assigned a pro bono lawyer, but it is important to note that public defenders often face a high workload, which can affect the quality of the defence.

Common criminal law issues

For foreigners in Turkey, there are a number of criminal issues that are common, such as drug offences, traffic offences, and violent crimes. Each of these issues can have serious consequences, including long prison sentences. It is therefore crucial to seek legal assistance if you are accused of a criminal offence in Turkey. An experienced criminal lawyer can help you navigate through the process, gather evidence, and represent you in court.

Importance of Legal Aid

If you encounter criminal law in Turkey, it is essential to seek legal help immediately. Turkish criminal law can be complex and strict, and one wrong move can lead to serious consequences. A specialist criminal lawyer in Turkey can make all the difference in the outcome of your case and help you protect your rights throughout the process.

For foreigners in Turkey, it is advisable to consult a local lawyer who is familiar with the specific challenges foreigners may face in the Turkish legal system prior to staying or in case of legal complications.

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In Turkey, defendants have several rights during a criminal trial. These include the right to a fair trial, right to legal representation, and right to be informed about the charges. Defendants also have the right to access evidence used against them and the opportunity to cross-examine witnesses. The Turkish legal system offers the possibility of appeal if defendants believe there are inaccuracies in the verdict or proceedings.

Turkey has a strict policy when it comes to criminal cases involving foreign suspects. If a foreigner commits a crime in Turkey, the case is usually dealt with under Turkish law. Turkish criminal law also has provisions for crimes committed by foreigners outside Turkey, provided the crimes harm Turkey or its citizens. In some cases, the Turkish justice minister may be directly involved in the case, especially if serious crimes such as organised crime or human trafficking are involved.

Turkey claims extensive jurisdiction over certain international crimes, such as human trafficking and crimes against humanity, regardless of where the crime was committed. This means that a foreigner who has committed a crime outside Turkey can be tried in Turkey if the country has a specific interest in the case, such as for harm to Turkey or its citizens. In cases where there is no extradition agreement, Turkey may seek to prosecute the accused on other legal grounds.

The Turkish justice minister plays a central role in criminal cases by overseeing the functioning of the judiciary, appointing prosecutors, and initiating legal reforms. The minister may also be directly involved in the prosecution of serious crimes, both domestically and internationally, and plays a key role in international legal cooperation. This includes ensuring that criminal cases, including those with foreign involvement, are handled correctly and effectively.

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