Criminal Sanctions Against Foreigners Who Commit Crimes in Turkey

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açık Kasım 17, 2025

1. Introduction: What Happens If a Foreigner Commits a Crime in Turkey?

Foreigners visit or reside in Turkey as tourists, students, employees, investors, refugees and family members. As long as they comply with Turkish law, they enjoy broadly the same protections and rights as Turkish citizens. However, when a foreign national commits a criminal offence on Turkish territory, two parallel areas of law become relevant at the same time: Turkish criminal law and foreigners and immigration law. This means that a foreigner who commits a crime in Turkey can face not only prison or judicial fines, but also deportation, cancellation of residence permits and long-term entry bans.

This article provides a detailed and practical overview, in clear English, of what happens when a foreigner is suspected of or convicted for a crime in Turkey. It examines the basic principles of Turkish criminal law applicable to foreigners, procedural rights during investigation and trial, types of criminal sanctions, and the additional immigration consequences such as deportation and entry bans. It is designed as an SEO-friendly legal guide for foreigners, their families and practitioners who wish to understand the risks and legal tools in this area.

2. General Rule: Foreigners Are Subject to Turkish Criminal Law

Under the principle of territoriality, any person who commits a crime on Turkish territory is, in principle, subject to Turkish criminal law, regardless of nationality. In other words, foreigners and Turkish citizens are treated equally with respect to whether an act constitutes an offence and what the basic sanctions are. The fact that the suspect or defendant is a foreign national does not prevent Turkish prosecutors and criminal courts from exercising jurisdiction.

This principle covers:

Crimes committed on Turkish soil, including airports, ports and territorial waters.
Crimes committed on Turkish-flag vessels or aircraft.
Certain crimes committed abroad that have effects in Turkey or are specifically covered by Turkish Criminal Code provisions on extraterritorial jurisdiction.

Therefore, a foreign tourist who commits theft in Istanbul, a foreign worker involved in fraud in Ankara, or a foreign student who participates in a fight in Izmir will in principle be investigated, prosecuted and punished according to Turkish law in the same way as a Turkish citizen committing the same offence.

3. Equality Before the Law and Prohibition of Discrimination

The Turkish legal system recognises equality before the law. In criminal matters, this means that the elements of the offence, the sentencing ranges and the main rules of criminal responsibility apply in the same way to Turkish citizens and foreigners. A court cannot lawfully impose a higher prison sentence solely because the accused is a foreigner; sentencing must be based on the seriousness of the crime, the defendant’s fault (intent or negligence), previous record and other legally recognised aggravating or mitigating circumstances.

However, equality before criminal law does not mean that foreigners and citizens have identical immigration statuses. A Turkish citizen cannot be deported from Turkey, whereas a foreign national may face removal from the country after or even during criminal proceedings. So the criminal consequences may be the same, but the immigration consequences are an additional layer specific to foreign nationals.

4. Investigation Phase: Police Custody and Rights of Foreign Suspects

When a foreigner is suspected of having committed a crime in Turkey, the process usually starts with an investigation by the police or gendarmerie under the supervision of the public prosecutor. At this stage, several procedural safeguards are particularly important:

4.1. Right to an Interpreter and Translation

Because many foreigners do not speak Turkish sufficiently, they have the right to be informed of accusations and procedural rights in a language they understand. In practice, this is ensured by providing an interpreter during police questioning, statements before the prosecutor and court hearings. Foreigners should insist that they do not fully understand Turkish if that is the case, so that the authorities formally appoint an interpreter.

4.2. Right to Legal Counsel

Foreign suspects enjoy the same right to access a lawyer as Turkish citizens. In certain situations, especially where the offence carries a high minimum prison sentence or the suspect is a child, defence counsel may be appointed ex officio if the suspect does not have a lawyer. However, in practice, foreigners are strongly advised to retain an experienced criminal lawyer who also understands the immigration implications of the case.

4.3. Consular Notification

Under international law and Turkish practice, foreign nationals have the right to request that their consulate or embassy be informed of their detention. Consular officers can then visit the detainee, provide information and sometimes assist in appointing a lawyer. It is generally advisable for foreigners to allow consular notification, particularly if they have limited knowledge of Turkish procedures.

4.4. Detention, Custody Periods and Judicial Review

Police custody is subject to time limits and judicial control. After initial detention, the suspect must either be released or brought before a prosecutor and then, if necessary, a criminal judge of peace to decide on continued detention or release under judicial control. Foreigners must be informed of the reasons for detention and have the right to challenge it before the courts.

5. Pre-Trial Measures: Judicial Control, Travel Bans and Pre-Trial Detention

During the investigation and trial, courts may impose judicial control measures instead of or in addition to detention. For foreigners, such measures often include:

Judicial control with signature obligation, requiring the suspect to appear regularly at a police station.
Prohibition on leaving the country, which prevents the foreigner from travelling abroad while the case is pending.
Passport seizure, to ensure the foreigner cannot escape the jurisdiction.

Courts decide whether to impose pre-trial detention or release the suspect under judicial control based on criteria such as the seriousness of the offence, the risk of absconding and evidence tampering. In practice, courts sometimes consider foreign nationality as an indicator of higher flight risk, especially if the person has no strong ties to Turkey (family, work, fixed address). This may make pre-trial detention more likely for foreigners, although each case should be individually assessed.

6. Types of Criminal Sanctions Applicable to Foreigners in Turkey

If a foreigner is convicted of a crime in Turkey, the criminal court will impose one or more sanctions as provided by the Turkish Criminal Code and related laws. The main types of sanctions, which apply equally to citizens and foreigners, are:

6.1. Imprisonment

For many offences, the primary sanction is imprisonment, which may be short-term (measured in months) or long-term (measured in years). The court determines the exact term based on:

The basic penalty range in the statute,
Aggravating or mitigating factors (such as the manner of commission, prior convictions, cooperation with authorities),
Any applicable reductions for confession, remorse or attempts at compensation.

Foreign citizens serve their sentences in Turkish prisons. In some situations, there may be a possibility of transferring the sentenced person to their home country to serve the remainder of the sentence, based on international conventions and bilateral agreements, but this requires administrative coordination and is not automatic.

6.2. Judicial Fines

For certain offences, or in addition to imprisonment, the court may impose a judicial fine. For foreigners, payment of the fine is crucial, because unpaid fines may be converted into imprisonment or complicate exit and immigration procedures. Foreigners should be aware that financial penalties are enforceable and that ignoring them can have serious consequences.

6.3. Security Measures and Additional Sanctions

Turkish law also foresees security measures, such as confiscation of goods used in or obtained through the crime. Driving bans, professional bans or other rights restrictions may be imposed depending on the offence. These sanctions can affect a foreigner’s ability to work, drive or conduct business in Turkey.

6.4. Suspension of Sentence, Probation and Deferment of Pronouncement

In appropriate cases, courts may decide:

To suspend the execution of a prison sentence under certain conditions, often combined with probation supervision.
To apply probation measures such as obligations to report to a probation office or participate in rehabilitative programs.
To order deferment of the pronouncement of the verdict (known in Turkish practice as HAGB), which means that the conviction is not final and is effectively set aside if the defendant does not commit a new crime within a specified probation period.

These mechanisms are available to foreigners as well, provided the legal criteria are fulfilled. However, even when a sentence is suspended or the verdict is deferred, immigration authorities may still evaluate the incident when deciding on residence permits, deportation or entry bans.

7. Deportation and Entry Bans as Immigration Consequences

The most significant difference between Turkish citizens and foreigners who commit crimes lies in the immigration consequences. While a Turkish citizen cannot be expelled from their own country, a foreign national can be deported and subjected to an entry ban as a result of criminal conduct.

7.1. Deportation (Removal) After Criminal Conviction

After a foreigner is convicted of a crime, or sometimes even while criminal proceedings are ongoing, the immigration authorities may initiate deportation (removal) proceedings. Generally, deportation is considered when:

The offence endangers public order, public security or public health.
The foreigner has been convicted of serious crimes or repeated offences.
The person is believed to pose an ongoing risk to society.

Deportation is an administrative measure, not a criminal punishment, and is decided by the competent immigration directorate. However, it often relies on the existence and gravity of a criminal conviction.

7.2. Deportation During or After Serving a Prison Sentence

If the foreigner is sentenced to imprisonment, the deportation decision may be taken:

After the person has served the prison sentence, or
In some cases, during execution with a view to removal directly from prison to the border.

Sometimes a foreigner may be released from prison and transferred directly to an immigration removal centre, where they are detained until deportation can be carried out. In other cases, deportation is postponed, for example if the person cooperates with authorities, has a pending asylum claim or there are other legal obstacles to removal.

7.3. Entry Bans and Duration

Alongside deportation, Turkish authorities can impose an entry ban to prevent the person from re-entering Turkey for a certain period. The duration of the ban depends on the gravity of the offence and the overall situation, and can range from a few years to an indefinite period in extreme cases. For foreigners who live, study or do business in Turkey, an entry ban can be as serious a consequence as the criminal conviction itself, because it can disrupt family life, education or investments.

7.4. Legal Remedies Against Deportation and Entry Bans

Deportation decisions and entry bans are subject to judicial review before administrative courts. Foreigners usually have a short deadline to challenge such decisions, and they should seek legal assistance immediately. Arguments may include:

Long-term lawful residence in Turkey,
Family ties with Turkish citizens or residents,
Risk of persecution or inhuman treatment in the country of origin,
Disproportionate impact of deportation compared to the gravity of the offence.

It is crucial to understand that success in challenging deportation does not erase the criminal conviction, but may allow the foreigner to continue their lawful stay in Turkey despite the criminal record.

8. Impact on Residence Permits, Work Permits and Citizenship Applications

Criminal proceedings and convictions have a direct influence on a foreigner’s legal status in Turkey beyond deportation.

8.1. Cancellation or Non-Renewal of Residence and Work Permits

Immigration authorities may cancel or refuse to renew short-term or long-term residence permits, as well as work permits, if the foreigner has committed offences that create public order or security concerns. Even where the court has imposed a relatively mild sentence, the person may face serious difficulties in extending their legal stay.

8.2. Effects on Citizenship and Naturalisation

Foreigners applying for Turkish citizenship by naturalisation or investment are usually expected to have a clean or at least acceptable criminal record. Serious convictions can lead to refusal of the application. For those who already acquired citizenship by deception or non-disclosure of serious crimes, there may even be a risk of deprivation of acquired citizenship, depending on the circumstances and timing.

8.3. Students, Investors and Family Members

Foreign students, investors and family-reunification beneficiaries are often surprised to learn that even one criminal case can have long-term immigration consequences. A conviction for theft, drug offences, violence or fraud may lead to cancellation of the student residence permit, refusal of investment-based permits or problems in sponsoring family members. Therefore, foreigners in these categories must treat any criminal investigation with utmost seriousness and seek strategic advice on both the criminal defence and immigration planning aspects.

9. Refugees, Asylum Seekers and International Protection Beneficiaries

Special attention must be given to refugees, asylum seekers and other beneficiaries of international or temporary protection. On the one hand, they can also face criminal prosecution and conviction when they commit crimes in Turkey. On the other hand, international law prohibits refoulement, meaning that a person cannot be returned to a country where they face persecution, torture or serious harm.

In practice:

Criminal conviction does not automatically terminate international protection, but serious crimes (especially those classified as particularly dangerous or involving terrorism) can provide grounds for exclusion from or withdrawal of protection status.
Even where deportation is ordered, execution of removal may be impossible if it would breach non-refoulement obligations. In such cases, authorities may resort to restrictive measures such as regular reporting, residence restrictions or long-term removal-centre detention.

For refugees and asylum seekers, it is therefore crucial that their criminal defence is coordinated with protection lawyers to ensure that both domestic and international legal safeguards are properly invoked.

10. Mitigating and Aggravating Factors in Criminal Cases Involving Foreigners

Although nationality itself should not be a legitimate aggravating factor, certain contextual elements frequently appear in cases involving foreigners:

Language barriers and cultural misunderstandings may impact how evidence is collected and how the suspect’s statements are interpreted.
The court may consider cooperation with authorities, full confession, compensation of the victim and sincere remorse as mitigating factors, which can significantly reduce the sentence.
Participation in organized crime, drug trafficking, human smuggling or terrorism-related offences generally leads to very severe penalties and almost certain deportation and long-term entry bans.
Minor, first-time offences, especially where damages are compensated, may result in suspended sentences, probation or deferment of pronouncement, but immigration authorities may still monitor the situation when assessing risk to public order.

Foreign defendants should be properly advised not only on how to defend themselves on the merits, but also on how to demonstrate remorse, repair damage and present their personal circumstances in a way that justifies leniency.

11. Practical Guidance for Foreigners Facing Criminal Proceedings in Turkey

For foreigners who have been arrested, charged or summoned in connection with a crime in Turkey, the following practical points are crucial:

Do not ignore subpoenas or summons. Failing to attend hearings can lead to arrest warrants, pre-trial detention and negative assumptions by the court. It also complicates any future return to Turkey.
Immediately contact a criminal defence lawyer experienced with foreign clients. A professional who understands both criminal law and immigration consequences is essential for a realistic and strategic defence.
Insist on your right to an interpreter. Never sign statements or documents you do not fully understand. Ask that everything be translated and that your objections be recorded.
Inform your consulate or embassy. They can provide support, information and sometimes help you access legal assistance.
Be transparent about your immigration status. Overstays, irregular entry or previous violations will likely be discovered; it is better to plan how to address them rather than hide them.
Consider the long-term impact of any plea or confession. A quick guilty plea might bring a lighter sentence, but the conviction can still trigger deportation or an entry ban. All such decisions must be taken after detailed consultation with your lawyer.
Keep records and documents. Copies of court decisions, police reports and immigration documents will be essential if you later move to another country, apply for visas or seek legal remedies.

12. Frequently Asked Questions About Foreigners Committing Crimes in Turkey

1. Are foreigners punished more severely than Turkish citizens in criminal cases?
In theory, no. The law requires equality in terms of offence definitions and sentencing ranges. However, foreign nationality can influence decisions on pre-trial detention and immigration consequences such as deportation.

2. Can I be deported if I am acquitted?
If you are formally acquitted, the risk of deportation based solely on the alleged crime is much lower. Nevertheless, immigration authorities may still take other factors into account, such as irregular stay or public security concerns. Each case must be evaluated individually.

3. Will a suspended sentence or probation still cause an entry ban?
Possibly. Even if you do not go to prison, immigration authorities may regard the conviction as a sign of risk to public order and may decide on deportation or an entry ban. The outcome depends on the seriousness of the offence and your overall record.

4. Can I return to Turkey after deportation?
Returning is generally not possible while an entry ban is in force. In special situations, it may be possible to request permission to enter despite the ban, but this requires strong justification and is decided on a discretionary basis by the authorities.

5. What if I committed the crime as a minor?
Turkey has a separate system for juvenile justice with more protective rules. Sentences for minors are usually lower, and the courts focus more on rehabilitation. Nevertheless, serious offences committed as a minor can still affect immigration status and future visa applications.

6. Does a criminal conviction in Turkey affect my visa applications to other countries?
Many countries ask about criminal records in visa applications. A conviction in Turkey, especially for serious crimes, may negatively influence visa decisions in other jurisdictions. It is important to keep precise documentation of the case outcome.

13. Conclusion: Criminal and Immigration Risks Must Be Managed Together

When foreigners commit crimes in Turkey, the legal consequences go far beyond the immediate risk of arrest or imprisonment. The case will usually have two parallel dimensions:

The criminal dimension, where guilt, punishment and procedural rights are determined by Turkish criminal law, and
The immigration dimension, where deportation, entry bans, residence and work permits, and even citizenship prospects are assessed.

Foreigners and their families must understand that even relatively minor offences can have long-term consequences on their ability to stay in or return to Turkey. The most effective strategy is to approach any criminal allegation urgently and professionally: obtain competent legal representation, assert all procedural rights, and plan for the immigration implications well before final judgment.

By viewing criminal defence and immigration protection as two parts of the same problem, foreigners can protect their rights more effectively, minimise the risk of detention and deportation, and preserve their future options in Turkey and abroad.

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