Introduction

A foreign national accused of a criminal offence in Turkey enters a legal system that may be completely unfamiliar.

The person may be a tourist who expected to remain in Turkey for only a few days, an expatriate living in Istanbul, a foreign company director, an international student, a property owner, an investor or a professional working for a Turkish business.

The alleged offence may involve anything from a traffic accident or physical altercation to fraud, cybercrime, narcotics, financial offences, sexual offences, document fraud, customs violations or serious organized-crime allegations.

Regardless of nationality, however, criminal proceedings in Turkey are governed principally by the Turkish Criminal Code No. 5237 — Türk Ceza Kanunu (TCK) and the Criminal Procedure Code No. 5271 — Ceza Muhakemesi Kanunu (CMK).

A basic principle of Turkish criminal law is territoriality.

Article 8 of the Turkish Criminal Code provides that Turkish criminal law applies to offences committed in Turkey. An offence is regarded as committed in Turkey where the conduct occurs wholly or partly in Turkey or where the result occurs in Turkey. Therefore, foreign nationality does not normally remove a person from Turkish criminal jurisdiction merely because the accused is a citizen or resident of another country.

This means that an American tourist, British company executive, German resident, Russian investor or other foreign national accused of committing an offence in Turkey may be investigated and tried according to Turkish criminal law.

Foreign defendants nevertheless face additional practical and legal problems that Turkish citizens may not encounter.

A criminal investigation can affect:

• the foreigner’s ability to leave Turkey;
• residence permit status;
• work permit status;
• future entry into Turkey;
• immigration restriction codes;
• deportation proceedings;
• international employment;
• foreign professional licences; and
• family life in more than one country.

For a foreign national, the criminal defence strategy therefore frequently needs to answer two separate questions:

How should the criminal accusation be defended?

and

How can the criminal proceedings affect the person’s ability to remain in, leave or return to Turkey?

This article explains the criminal process from investigation through trial and appeal, with particular emphasis on travel restrictions and the practical position of foreign defendants in Turkey.

Does Turkish Criminal Law Apply to Foreign Nationals?

Yes.

Under Article 8 of the Turkish Criminal Code, offences committed in Turkey are generally governed by Turkish criminal law.

The rule applies regardless of whether the suspect is:

• a Turkish citizen;
• a foreign citizen;
• a tourist;
• a dual national;
• a foreign resident; or
• a person with no Turkish residence status.

The Turkish Criminal Code also contains jurisdictional provisions dealing with certain offences committed outside Turkey, but for most foreigners accused of an offence occurring physically in Turkey, Article 8 provides the straightforward legal basis for Turkish jurisdiction.

A foreigner cannot therefore ordinarily argue:

“I am not a Turkish citizen, so Turkish criminal law does not apply to me.”

Nationality may become relevant to consular rights, immigration consequences and international cooperation, but it does not normally prevent prosecution of an offence committed within Turkish territory.

Suspect and Defendant Are Different Legal Statuses

Turkish criminal procedure distinguishes between a suspect — şüpheli and a defendant — sanık.

The Criminal Procedure Code defines:

Suspect: the person under criminal suspicion during the investigation stage.

Defendant: the person under criminal suspicion from commencement of prosecution until the judgment becomes final.

The investigation — soruşturma runs from the moment competent authorities become aware of a potential offence until the indictment is accepted by the criminal court.

The prosecution/trial stage — kovuşturma begins when the indictment is accepted and continues until the judgment becomes final.

This distinction is important because the legal strategy changes substantially after an indictment has been accepted.

During investigation, the focus is often on:

• preventing unnecessary detention;
• identifying the allegation;
• collecting exculpatory evidence;
• challenging unlawful evidence;
• making strategic submissions to the prosecutor; and
• attempting to prevent an indictment where the evidence is insufficient.

Once prosecution begins, the defence must focus more directly upon:

• responding to the indictment;
• examining witnesses;
• challenging expert reports;
• introducing defence evidence;
• addressing the prosecutor’s final opinion; and
• obtaining an acquittal or another favourable judgment.

How Does a Criminal Investigation Begin in Turkey?

A criminal investigation may begin in several ways.

The authorities may become aware of an alleged offence through:

• a criminal complaint;
• police observation;
• an emergency call;
• a report from another public authority;
• financial intelligence;
• customs inspection;
• a traffic incident;
• a hospital report;
• a cybercrime investigation;
• an anonymous report;
• evidence obtained in another investigation; or
• a person being caught in the act.

Depending upon the offence, prosecution may require a formal complaint by the victim, while other offences are investigated automatically by the public prosecutor once authorities become aware of sufficient facts.

The investigation is conducted under the authority of the Public Prosecutor — Cumhuriyet Savcısı.

Police and gendarmerie perform investigative actions under the applicable legal framework, while the prosecutor directs the investigation and ultimately decides whether there is sufficient suspicion to initiate a criminal prosecution.

What Does the Prosecutor Do?

The prosecutor is not simply the lawyer representing the alleged victim.

The prosecutor is a public judicial authority responsible for investigating the alleged offence.

The prosecutor may order or request investigative measures concerning:

• statements;
• witness interviews;
• CCTV footage;
• forensic analysis;
• medical reports;
• banking records;
• telephone records;
• digital evidence;
• expert reports;
• searches;
• seizures;
• identification procedures;
• financial transactions; and
• other evidence.

A foreign suspect should not assume that the prosecutor will see only evidence supporting the accusation.

The defence can also request collection of concrete evidence capable of disproving the allegation.

This is particularly important where evidence may disappear quickly.

Examples include:

• hotel CCTV records;
• restaurant camera footage;
• airport records;
• vehicle GPS records;
• telephone-location data;
• bank documents;
• WhatsApp messages;
• email records;
• medical evidence; and
• foreign travel documentation.

Waiting until the trial begins may be too late.

Why Early Evidence Collection Matters for Foreign Defendants

Foreign criminal cases often have a particularly international evidentiary structure.

A foreign defendant may need evidence located outside Turkey.

For example:

A British director accused of commercial fraud in Istanbul may have contracts and banking evidence in London.

A German tourist accused of assault may need flight records establishing when they arrived.

A foreign spouse accused of threats may have WhatsApp messages stored on a foreign telephone number.

A foreign investor accused of fraud may need to demonstrate that the disputed transfer was part of a legitimate international commercial transaction.

Obtaining these materials early can substantially change the direction of an investigation.

The defence should therefore not be limited to responding to the prosecution’s evidence.

A proactive criminal defence can identify what evidence must be collected before it disappears or becomes inaccessible.

Right to Remain Silent

Foreign suspects benefit from the same basic defence guarantees as Turkish suspects.

Under Article 147 of the Criminal Procedure Code, a suspect must be informed about the accusation and procedural rights, including the right not to make a statement concerning the alleged offence.

The right to remain silent does not mean that the suspect should always refuse to speak.

In some cases, an immediate and properly prepared statement can demonstrate innocence.

In other cases, giving a detailed statement before understanding the evidence can seriously damage the defence.

The correct approach depends upon:

• nature of the allegation;
• available evidence;
• statements of co-suspects;
• documentary records;
• risk of detention; and
• whether the suspect fully understands the legal accusation.

The person accused of a crime should not be required to prove their innocence as the starting point. The Turkish Constitutional Court describes the presumption of innocence as requiring that a person be treated as innocent until guilt has been established by a final judgment.

Right to a Criminal Defence Lawyer

A foreign suspect or defendant may be represented by a Turkish criminal defence lawyer throughout the investigation and trial.

In qualifying circumstances, a defence lawyer must be appointed even where the suspect does not personally request one.

Article 150 provides mandatory defence for specified vulnerable defendants and also for investigations and prosecutions concerning offences whose statutory minimum sentence exceeds five years.

Legal representation becomes particularly important for foreigners because counsel may need to deal simultaneously with:

• the prosecutor;
• police;
• criminal court;
• immigration authorities;
• consular officials;
• foreign family members; and
• evidence originating in another country.

The lawyer should also determine whether the criminal investigation creates separate immigration risks.

Right to an Interpreter

A foreign defendant who cannot sufficiently understand Turkish has the right to an interpreter.

Article 202 of the Criminal Procedure Code provides that where the suspect, defendant, victim or witness cannot adequately express themselves in Turkish, interpretation must be provided for the essential parts of the criminal proceedings.

This right applies both during investigation and trial.

The cost of an interpreter appointed for a person who does not know Turkish is borne by the State Treasury rather than treated as an ordinary recoverable litigation expense.

A foreign defendant should not underestimate this right.

Speaking conversational Turkish does not necessarily mean a person understands:

• criminal intent;
• legal classification of the offence;
• aiding and abetting;
• aggravating circumstances;
• evidentiary rules;
• sentencing consequences; or
• technical questions in an expert report.

Where language ability is inadequate for a meaningful defence, interpretation should be requested.

What Happens If the Prosecutor Finds Insufficient Evidence?

Not every criminal investigation results in a trial.

Where the prosecutor concludes that the evidence does not create sufficient suspicion to prosecute, a decision of non-prosecution — kovuşturmaya yer olmadığına dair karar (KYOK) may be issued.

This can be an extremely important outcome for a foreigner.

Ending the criminal investigation before trial may also help with separate immigration or professional problems triggered by the allegation.

However, the complainant may have statutory rights to challenge a non-prosecution decision.

Accordingly, even after KYOK, the foreign suspect should confirm whether the decision has become procedurally final.

What Happens If the Prosecutor Decides to Prosecute?

Where sufficient suspicion exists, the prosecutor prepares an indictment — iddianame.

The indictment identifies matters such as:

• accused person;
• alleged conduct;
• offence charged;
• evidence;
• legal classification; and
• relevant provisions of criminal law.

The indictment is then submitted to the competent criminal court.

The case does not formally enter the trial stage merely because a prosecutor has drafted an indictment.

The court must first decide whether to accept it.

Once the indictment is accepted, the foreign suspect becomes a defendant — sanık, and the prosecution stage formally begins.

Which Criminal Court Hears the Case?

The competent court depends primarily upon the offence and statutory punishment.

Criminal proceedings can be heard before:

• Criminal Court of First Instance — Asliye Ceza Mahkemesi;
• High Criminal Court — Ağır Ceza Mahkemesi;
• or another court with specialized jurisdiction.

Serious offences carrying heavier statutory penalties are generally tried before High Criminal Courts.

The name of the court alone, however, does not determine guilt or likely punishment.

The defence must examine the exact Turkish Criminal Code provisions stated in the indictment.

Can a Foreigner Be Detained Pending Trial?

Potentially, yes.

Pre-trial detention — tutuklama — is a judicial preventive measure rather than a criminal punishment.

The fact that a person is detained does not establish guilt.

For detention to be ordered, Turkish criminal procedure requires the statutory conditions concerning strong suspicion, grounds for detention and proportionality.

The judge may examine issues including:

• flight risk;
• risk of hiding;
• risk of destroying or changing evidence;
• possible pressure on witnesses or victims;
• seriousness of the offence; and
• whether a less restrictive measure is adequate.

For a foreign national, authorities may sometimes place particular emphasis on potential flight risk.

Foreign citizenship itself, however, should not mechanically equal flight risk.

The defence may demonstrate connections with Turkey such as:

• long-term residence;
• work permit;
• Turkish employment;
• business ownership;
• property ownership;
• Turkish spouse;
• children;
• permanent address;
• continuing education;
• previous compliance with summonses; and
• voluntary cooperation.

These matters can support an argument that judicial control is sufficient instead of detention.

Judicial Control: The Main Alternative to Pre-Trial Detention

Article 109 of the Criminal Procedure Code permits a court to impose judicial control — adli kontrol instead of detention where the statutory conditions exist.

Judicial control can include a variety of obligations.

One of the most important for foreigners is:

“not being permitted to leave Turkey” — yurt dışına çıkamamak.

Other measures can include:

• reporting periodically to a specified authority;
• complying with certain monitoring obligations;
• depositing financial security;
• restrictions on specified activities; and
• other measures permitted by law.

For a foreign defendant, judicial control can therefore create a paradoxical situation:

The person is not in prison but may still be unable to return home.

Travel Bans in Turkish Criminal Proceedings

A travel ban is one of the most commercially and personally significant consequences of a Turkish criminal investigation for a foreigner.

A foreign defendant may:

• normally live in London;
• run a business in Dubai;
• have children in Germany;
• work on an international rotation;
• be visiting Turkey for a holiday; or
• have entered Turkey for a two-day business meeting.

If the court imposes a prohibition on leaving Turkey, that person can be forced to remain in Turkey while the investigation or trial continues.

The measure may therefore have consequences far beyond the criminal file.

It can cause:

• loss of employment;
• missed medical treatment abroad;
• separation from children;
• visa problems in other countries;
• business disruption;
• loss of university attendance;
• inability to meet contractual obligations; and
• substantial accommodation expenses.

For this reason, a travel ban should be actively reviewed rather than treated as an unavoidable administrative formality.

Is a Travel Ban the Same as an Entry Ban?

No.

This distinction is critical.

A criminal travel ban under judicial control prevents a person inside Turkey from leaving Turkey.

An immigration entry ban prevents a foreigner outside Turkey from entering Turkey.

They arise from different legal regimes.

A foreigner can therefore theoretically face:

• a criminal prohibition on leaving Turkey;
• a deportation decision;
• and a future entry ban

at different stages of the same overall legal problem.

The criminal defence lawyer and immigration lawyer should therefore coordinate where these measures overlap.

Can a Travel Ban Be Lifted?

Yes.

A judicial-control measure does not necessarily remain in force until the entire case finally ends.

Applications can be made for:

• removal of the measure;
• modification of the measure; or
• replacement with another judicial-control obligation.

The application should address why the restriction is no longer necessary or proportionate.

Relevant arguments can include:

• evidence has already been collected;
• witnesses have been heard;
• digital material has been seized and examined;
• no attempt to escape occurred;
• the defendant complied with every summons;
• the person’s permanent home is abroad;
• substantial financial damage is occurring;
• a security deposit can address flight concerns;
• the defendant voluntarily returned to Turkey for proceedings; or
• proceedings have continued for a substantial period without justification for the same restriction.

A foreign defendant requesting removal of a travel ban should normally submit documentary evidence rather than merely stating:

“I need to travel.”

Can the Authorities Seek Removal of a Criminal Travel Ban to Deport a Foreigner?

This is a particularly unusual feature of cases involving foreign defendants.

The immigration legislation provides a mechanism in certain deportation categories where a foreign national is also subject to a criminal judicial-control order prohibiting departure from Turkey.

For foreigners falling within specified Article 54 deportation categories, the relevant governorate may request, through the public prosecutor’s office, that the criminal travel restriction be lifted so that immigration action can proceed.

This illustrates why criminal and immigration proceedings must be reviewed together in foreign-defendant cases.

A judicial order saying:

“You cannot leave Turkey”

does not necessarily mean immigration authorities can never seek to remove the person from Turkey.

What Happens During the Criminal Trial?

Once an indictment is accepted, the criminal court schedules proceedings.

At trial, the court can examine:

• defendant’s defence;
• complainant;
• victims;
• witnesses;
• expert reports;
• forensic evidence;
• digital evidence;
• CCTV footage;
• documents;
• bank transactions;
• telephone records; and
• other admissible evidence.

A foreign defendant has the right to participate in their defence with the assistance of counsel and, where necessary, an interpreter.

The defence should not merely repeat the police statement.

The trial strategy should respond directly to the prosecution’s theory and identify:

• contradictions;
• missing elements of the offence;
• unreliable witnesses;
• unlawful evidence;
• absence of intent;
• alternative explanations;
• technical errors;
• mistaken identity; and
• reasonable doubt.

The Prosecution Must Prove the Criminal Charge

Foreign defendants sometimes approach Turkish proceedings with the assumption:

“I must prove that I am innocent.”

That is not the correct starting principle.

The presumption of innocence requires criminal responsibility to be established through proper legal proceedings.

The Turkish Constitutional Court states that the presumption of innocence protects persons accused of an offence until guilt has been established by a final judicial decision and requires public authorities not to treat an accused person as already guilty.

The defence may of course submit powerful exculpatory evidence.

But the existence of an accusation does not reverse the fundamental presumption.

How Does a Turkish Criminal Court Decide the Case?

At the end of trial, Article 223 of the Criminal Procedure Code recognizes several possible judgments, including:

• acquittal;
• no punishment being imposed;
• conviction;
• security measure;
• dismissal of proceedings; or
• termination of proceedings.

Article 223 provides, among other situations, for acquittal where:

• the alleged act is not legally an offence;
• it is established that the defendant did not commit it;
• required intent or negligence is absent;
• a justification applies; or
• it has not been established that the defendant committed the offence.

The final category is particularly important.

A criminal court does not need to prove that another person committed the offence in order to acquit the defendant.

If guilt has not been established according to the required criminal standard, acquittal may follow.

Can a Foreign Defendant Receive a Fine Instead of Imprisonment?

Depending upon the offence and sentence, Turkish criminal law contains various mechanisms concerning:

• judicial fines;
• conversion of certain short prison sentences;
• suspension of imprisonment;
• alternative sanctions; and
• other individualized sentencing provisions.

Whether any of these mechanisms applies depends upon:

• offence;
• statutory punishment;
• final sentence;
• prior criminal record;
• personal circumstances; and
• specific legal requirements.

A foreign defendant should not rely on a generic statement such as:

“Foreigners just pay a fine.”

Serious offences can result in substantial imprisonment.

HAGB and the 2026 Judicial Reform

Another concept frequently encountered in Turkish criminal law is Hükmün Açıklanmasının Geri Bırakılması — HAGB, usually translated as deferment of the announcement of the judgment.

The HAGB framework has been the subject of significant constitutional and legislative changes.

The 12th Judicial Package, enacted in July 2026, again amended the Criminal Procedure Code framework concerning HAGB. The Ministry of Justice states that the amended regime allows HAGB where the sentence imposed is two years or less of imprisonment or a judicial fine, subject to the statutory conditions, while also introducing specific exclusions for certain serious ill-treatment-related offences.

Because HAGB law has changed repeatedly, foreign defendants should rely on the version of the legislation applicable to their specific offence and procedural date rather than older internet articles.

Can the Trial Continue If the Foreign Defendant Leaves Turkey?

The answer depends upon the circumstances.

A foreign defendant who has no travel restriction should nevertheless determine whether personal attendance will later be required.

Leaving Turkey does not make the criminal file disappear.

The proceedings may later involve:

• summons abroad;
• judicial assistance;
• arrest warrant;
• request for statement;
• compulsory appearance;
• border alert; or
• another procedural measure.

The defendant may also discover the unresolved case when attempting to return to Turkey.

Foreign defendants should therefore decide whether to leave only after checking:

• existence of a travel restriction;
• procedural stage;
• next hearing;
• whether defence has been taken;
• whether attendance has been excused; and
• whether an arrest order could later be issued.

Can a Foreign Defendant Participate by Video?

Turkey uses the SEGBİS — Audio and Video Information System for certain remote judicial participation.

Whether a particular defendant can participate remotely depends upon:

• procedural stage;
• court decision;
• location;
• reason for remote participation; and
• whether personal appearance is legally required.

A person living abroad should not assume that every hearing can automatically be attended through video.

The appropriate request should be made before the hearing where remote participation is legally possible.

What If Important Evidence Is in Another Country?

International criminal cases may require cross-border judicial cooperation.

Evidence abroad may be obtained through mechanisms involving:

• international judicial assistance;
• requests between competent authorities;
• treaty procedures;
• foreign court cooperation;
• international police cooperation; or
• documents voluntarily provided by the defence.

Examples can include:

• foreign banking records;
• company records;
• immigration movements;
• hotel records;
• criminal records;
• medical reports;
• witness testimony; and
• digital-service-provider information.

Obtaining official foreign evidence can take substantial time.

Where the evidence is important to the defence, the request should therefore be made early.

Can a Foreign Criminal Record Affect the Turkish Case?

Potentially.

Previous convictions can become relevant in areas including:

• sentencing;
• recidivism;
• personal background;
• bail or detention-style assessments;
• application of certain individualized sentencing mechanisms; or
• immigration consequences.

The effect of a foreign conviction must be analyzed according to Turkish law.

A foreign criminal-record document should not automatically be assumed to have exactly the same legal consequences in Turkey as it has in the country where it was issued.

What Happens After a Conviction?

A conviction by a first-instance criminal court does not always mean that the case is immediately final.

Depending upon the judgment, appellate review may be available.

The Turkish criminal appellate structure principally consists of:

Regional Courts of Appeal — Bölge Adliye Mahkemesi (BAM)

and, for judgments eligible for further review,

Court of Cassation — Yargıtay.

The precise route depends upon the type of judgment and statutory appeal restrictions.

Criminal Appeal — İstinaf

Article 272 governs which first-instance criminal judgments may be reviewed by the Regional Court of Appeal.

A major procedural reform effective from 1 June 2024 also changed the appeal deadline.

Under the current Article 273, an appeal request is generally filed within:

two weeks from service of the reasoned judgment.

Foreign defendants should pay special attention to service.

A defendant who lives abroad may face issues concerning:

• Turkish service address;
• electronic notification;
• lawyer notification;
• international service; or
• address changes.

Missing the appeal deadline can make an otherwise challengeable conviction final.

What Can the Regional Court of Appeal Do?

The Regional Court of Appeal may examine both factual and legal aspects within the statutory framework.

Depending upon the case, it may:

• reject the appeal;
• correct specified errors;
• overturn the first-instance judgment;
• conduct further examination;
• hold a hearing; or
• reach another legally permitted result.

The appeal petition should therefore be substantive.

It should identify issues such as:

• incorrect assessment of evidence;
• contradictory witness evidence;
• unlawful evidence;
• insufficient reasoning;
• incorrect legal classification;
• procedural violations;
• sentencing errors;
• failure to consider defence evidence; and
• violation of defence rights.

Appeal to the Court of Cassation — Temyiz

Not every Regional Court of Appeal judgment is open to review by the Court of Cassation.

Article 286 contains important restrictions determining which regional appellate judgments are eligible for cassation review.

Where cassation review is available, the current Article 291 provides a general filing period of:

two weeks from service of the reasoned judgment.

The Court of Cassation primarily reviews legal errors rather than functioning as an entirely new first-instance factual trial.

The defence should therefore distinguish carefully between:

• factual arguments suitable for first-instance or regional appellate examination; and
• legal errors relevant to cassation.

Can a Travel Ban Continue During Appeal?

Potentially, yes.

Judicial-control issues do not necessarily disappear merely because the first-instance court has given judgment.

Where a conviction is appealed and is not yet final, the court may continue or reconsider relevant preventive measures according to the circumstances and applicable provisions.

This can be particularly burdensome for foreign defendants.

A case that lasts several years can make an indefinite-style travel restriction disproportionately damaging.

The defence should therefore periodically request review and provide updated evidence demonstrating why continuation of the restriction is unnecessary.

What If the Foreign Defendant Is Acquitted?

An acquittal is obviously important to the criminal case.

However, foreign defendants need to ask one additional question:

Did the criminal allegation create separate immigration restrictions?

If the answer is yes, those restrictions may not disappear automatically from administrative databases merely because the criminal court acquitted the person.

A separate procedure may be required concerning:

• entry ban;
• deportation decision;
• restriction code;
• residence permit;
• work permit; or
• another administrative measure.

The acquittal judgment can become extremely powerful evidence in those proceedings.

The Turkish Constitutional Court also emphasizes that after a criminal case ends without conviction, public authorities must continue to respect the presumption of innocence and should not use language effectively treating the person as guilty.

Can a Criminal Investigation Lead to Deportation?

Potentially, yes, but not every investigation automatically results in removal.

The criminal proceeding and immigration proceeding are legally separate.

Article 54 of Law No. 6458 identifies several categories in which deportation can arise, including foreigners considered a threat to public order or public security and persons falling within certain criminal or immigration categories.

This is particularly important in serious criminal investigations.

A foreign defendant may therefore simultaneously face:

Criminal case: Is the person guilty of the alleged offence?

Immigration case: Does the person’s situation justify cancellation of immigration status, deportation or an entry restriction?

The answer to one does not automatically determine the other.

A Criminal Accusation Is Not the Same as a Final Conviction

This distinction is crucial where immigration authorities rely upon a pending criminal investigation.

The Constitutional Court recognizes that administrative authorities can take account of factual matters also involved in criminal proceedings.

However, public authorities must respect the presumption of innocence and should not describe a person as definitively guilty where no final criminal conviction exists.

A defence against an immigration measure may therefore emphasize:

• investigation remains pending;
• no indictment exists;
• prosecutor issued non-prosecution;
• person was acquitted;
• judgment is not final;
• allegation is unsupported; or
• administrative authority mischaracterized the criminal file.

Residence Permit Consequences

A foreign defendant who holds a Turkish residence permit should separately review immigration status.

A criminal investigation may potentially affect an assessment involving:

• public order;
• public security;
• residence eligibility; or
• extension of residence.

Foreign defendants should not assume that simply being released by the criminal court guarantees continued immigration status.

Likewise, a residence permit cannot override a criminal travel restriction imposed by a judge.

The two systems operate independently.

Work Permit and Employment Consequences

A criminal accusation can also affect foreign employees.

Possible issues include:

• suspension or termination of employment;
• inability to travel internationally;
• professional licensing concerns;
• employer compliance investigations;
• work permit consequences; and
• inability to attend the workplace because of detention.

An employee should not automatically sign:

• resignation;
• settlement;
• release;
• confession;
• disciplinary admission; or
• termination agreement

simply because the employer says it will “help the criminal case.”

Employment-law consequences should be reviewed independently.

Travel Ban Versus Deportation: A Particularly Important Conflict

Foreign criminal defendants sometimes encounter an apparently contradictory situation.

The criminal court says:

“You cannot leave Turkey.”

At the same time, immigration authorities say:

“You must leave Turkey.”

These decisions arise from separate judicial and administrative powers.

They need to be coordinated procedurally.

Depending upon the deportation ground, Turkish immigration legislation permits the relevant authorities to seek removal of a criminal travel restriction through the criminal justice system.

A foreign defendant facing both measures should therefore not attempt to solve the problem simply by buying an airline ticket or voluntarily attending the airport.

The legal status of both decisions must first be determined.

Practical Defence Strategy for a Foreign Defendant

A strong criminal defence should normally begin with a structured review of the file.

The lawyer should identify:

• exact offence alleged;
• Turkish Criminal Code provision;
• potential sentence;
• complainant’s allegations;
• police statement;
• prosecutor’s evidence;
• digital evidence;
• banking records;
• witnesses;
• search and seizure documentation;
• expert reports;
• travel restriction;
• detention status;
• immigration status;
• entry-ban or restriction-code risk; and
• evidence available outside Turkey.

The defence should then determine whether the immediate objective is:

• obtaining release;
• preventing detention;
• lifting a travel ban;
• obtaining non-prosecution;
• excluding unlawful evidence;
• obtaining acquittal;
• reducing criminal exposure;
• protecting immigration status; or
• several of these objectives simultaneously.

Common Mistakes Foreign Defendants Make

Assuming Leaving Turkey Ends the Case

A pending criminal investigation can continue after departure.

An arrest record or warrant may later appear at the border.

Ignoring a Travel Ban

Attempting to leave despite a judicial restriction can create further procedural problems.

Waiting Until Trial to Hire a Lawyer

Some of the most important evidence may need to be collected during the investigation.

Signing Documents They Do Not Understand

Every police, prosecutor and court document can have legal consequences.

Contacting the Complainant Directly

Attempts to “solve the problem personally” can be interpreted as pressure or witness interference.

Deleting Messages

Destroying potential evidence can seriously damage the defence.

Assuming a Foreign Embassy Controls the Criminal Case

Consulates provide consular support but cannot direct Turkish prosecutors or judges.

Focusing Only on the Criminal Case

A successful criminal defence may still leave an unresolved immigration restriction if it is not challenged separately.

Frequently Asked Questions

Can a foreign national be prosecuted in Turkey?

Yes. Turkish criminal law generally applies to offences committed in Turkey regardless of the offender’s nationality.

What is the difference between a suspect and a defendant?

A suspect is the person under criminal suspicion during the investigation. After the indictment is accepted and prosecution begins, the person becomes a defendant.

Do foreigners have the right to a lawyer?

Yes.

Can a lawyer be appointed by the state?

Yes, where the conditions for appointed or mandatory defence under the Criminal Procedure Code are satisfied.

Do foreigners have the right to an interpreter?

Yes, where they cannot adequately understand or express themselves in Turkish.

Can I remain silent?

Yes. Turkish criminal procedure protects the right not to give a substantive statement concerning the accusation.

Can a prosecutor close the investigation without trial?

Yes. If there is insufficient basis for prosecution, the prosecutor may issue a decision of non-prosecution.

Can the prosecutor send me directly to prison?

Pre-trial detention is a judicial decision. The prosecutor can request detention, but the competent judge must determine whether the statutory conditions are satisfied.

Can I be released but prevented from leaving Turkey?

Yes. A prohibition on leaving Turkey can be imposed as a judicial-control measure under Article 109.

Is the travel ban the same as deportation?

No.

A criminal travel ban prevents departure from Turkey. Deportation is an immigration measure aimed at removing the foreigner from Turkey.

Can a travel ban be removed before the case ends?

Potentially, yes. A reasoned application can be made for modification or removal of judicial control.

Does owning a Turkish apartment prevent a travel ban?

No, but property ownership can be relevant when assessing the person’s ties with Turkey and alleged flight risk.

Does having a Turkish spouse prevent detention?

No, but strong family connections can be relevant to detention and proportionality assessments.

Can a foreigner receive an acquittal even if the court cannot identify the real offender?

Yes. Article 223 recognizes acquittal where it has not been established that the charged offence was committed by the defendant.

Can I appeal a conviction?

Depending upon the judgment, an appeal before the Regional Court of Appeal may be available.

What is the current criminal appeal deadline?

Under the current Article 273, the general istinaf period is two weeks from service of the reasoned judgment.

Can I appeal to the Court of Cassation?

Certain Regional Court of Appeal judgments are eligible for cassation under Article 286, subject to statutory exclusions.

What is the current cassation deadline?

Where cassation is available, the current Article 291 generally provides two weeks from service of the reasoned judgment.

Can a criminal investigation affect my residence permit?

Potentially. Criminal and immigration proceedings are separate, but serious public-order or public-security issues can have immigration consequences.

Can I be deported before I am convicted?

Immigration measures and criminal conviction are legally separate issues. Depending on the statutory ground and circumstances, immigration proceedings can potentially arise before a final criminal conviction. However, the presumption of innocence and the legality of the administrative decision remain relevant.

Does acquittal automatically delete an immigration restriction?

Not necessarily. Separate administrative proceedings may be necessary.

Conclusion

A foreign national accused of a criminal offence in Turkey faces a legal problem that can extend far beyond the criminal courtroom.

The first issue is the criminal allegation itself.

Under Article 8 of the Turkish Criminal Code, Turkish law generally applies to offences committed within Turkey regardless of the nationality of the accused.

The foreign national can therefore be:

• investigated by Turkish prosecutors;
• subjected to criminal evidence-gathering measures;
• indicted;
• tried before a Turkish criminal court; and
• sentenced according to Turkish criminal law where guilt is established.

However, foreign nationality does not reduce fundamental defence rights.

A foreign suspect or defendant has the right to:

• understand the accusation;
• legal representation;
• remain silent;
• request favourable evidence;
• challenge prosecution evidence;
• receive interpretation where necessary; and
• benefit from the presumption of innocence.

The criminal process must also be divided into two stages.

During the investigation stage, the person’s legal status is that of a suspect.

The prosecutor determines whether sufficient suspicion exists to bring a criminal prosecution.

A properly prepared defence at this stage may sometimes prevent a trial entirely through a non-prosecution decision.

Once an indictment is accepted, the trial stage begins and the person becomes a defendant.

The court then examines the evidence and determines whether the prosecution has established criminal responsibility.

Article 223 recognizes acquittal in several circumstances, including where it has not been established that the defendant committed the offence.

For foreign nationals, travel restrictions deserve particular attention.

A defendant may avoid pre-trial detention but remain subject to judicial control under Article 109.

One of the expressly recognized judicial-control measures is a prohibition against leaving Turkey.

This can create enormous practical consequences for someone whose ordinary life is outside Turkey.

A foreign executive may lose the ability to operate an international business.

A tourist may remain in Turkey far longer than expected.

A parent may be separated from children abroad.

A university student may miss an academic year.

For that reason, a criminal travel ban should not simply be accepted indefinitely.

Where the evidentiary situation changes, evidence has been collected, flight risk is adequately addressed or the measure becomes disproportionate, a reasoned request for removal or modification should be considered.

Foreign defendants must also distinguish the criminal travel ban from immigration restrictions.

A travel ban prevents the foreigner from leaving Turkey.

An entry ban prevents the foreigner from entering Turkey.

A deportation decision seeks to remove the foreigner from Turkey.

These are legally distinct measures.

A person may encounter more than one of them in connection with the same incident.

This is why the criminal file and immigration file should be examined together.

A criminal investigation can potentially affect residence and immigration status under Law No. 6458, particularly where authorities consider the foreign national to present a public-order or public-security concern.

Nevertheless, accusation must be distinguished from conviction.

The Turkish Constitutional Court’s case law emphasizes that a person facing criminal accusations cannot be treated as definitively guilty before a final judgment.

This principle can become particularly important where an administrative immigration measure is based on a criminal investigation that:

• later results in non-prosecution;
• results in acquittal;
• remains unresolved; or
• is supported by weak evidence.

Foreign defendants should therefore preserve every favourable criminal decision for possible use in immigration proceedings.

The appellate stage is equally important.

Under the current Criminal Procedure Code, the general period for filing a criminal appeal before the Regional Court of Appeal is two weeks from service of the reasoned judgment.

Where further cassation review is available under Article 286, the current general period for filing the cassation request is likewise two weeks from service of the reasoned appellate judgment.

Foreign defendants living outside Turkey should therefore pay particular attention to service addresses and communications with counsel.

A missed procedural deadline can convert a challengeable criminal judgment into a final conviction.

Ultimately, the most effective strategy for a foreign defendant is not to treat the case as a single courtroom event.

The process should be managed as an interconnected legal problem involving:

investigation → evidence → detention or judicial control → travel restrictions → trial → judgment → appeal → immigration consequences.

Early decisions can affect every later stage.

A poorly translated police statement may appear in the trial file.

Failure to obtain CCTV footage may permanently remove important defence evidence.

Ignoring a travel-ban order may cause additional problems.

A criminal acquittal that is never submitted to immigration authorities may leave an unnecessary entry restriction in place.

For foreign nationals accused of criminal offences in Turkey, criminal defence should therefore begin as early as possible and should take account not only of whether the accusation can be defeated, but also of the person’s freedom, international mobility, immigration status and ability to return to ordinary life outside the criminal proceedings.

Legal Disclaimer

This article provides general legal information concerning foreign nationals accused of criminal offences in Turkey, Turkish criminal investigations, criminal trials and travel restrictions as of August 2026.

It does not constitute legal advice concerning any specific criminal investigation, defendant or immigration matter.

The applicable procedure can differ depending upon:

• alleged offence;
• potential sentence;
• evidence;
• detention status;
• judicial-control measures;
• nationality;
• residence status;
• criminal history;
• immigration records;
• indictment;
• court;
• procedural date; and
• subsequent legislative amendments.

Criminal procedure legislation, appeal rules and immigration practices can change.

Foreign nationals facing a Turkish criminal investigation, indictment, travel ban, detention order or related deportation measure should obtain case-specific legal advice based upon the complete criminal and immigration files.