Due to its strategic location and extensive international interaction, Turkey hosts a significant number of foreign nationals. In this context, crimes committed by foreigners in Turkey hold special importance both in terms of criminal justice and international relations. Such offenses are assessed within the framework of the Turkish Penal Code (TPC), the Criminal Procedure Code (CPC), the Private International Law and Procedural Law (PIL), and relevant international conventions.
1. General Legal Basis
When a foreign national commits a crime in Turkey, the principle of territoriality under Article 8 of the TPC applies:
“Turkish law shall apply to offenses committed within the territory of Turkey.”
This means that regardless of the offender’s nationality, if the crime is committed within Turkish borders, Turkish law applies.
2. Jurisdiction (CPC & TPC)
- Under Article 9 of the CPC, the competent court is the one located in the place where the offense was committed.
- If the offense was committed in more than one place, the court where the offender was first apprehended may have jurisdiction.
- If the foreign national is apprehended in Turkey, detention, arrest, and trial procedures are carried out by Turkish judicial authorities.
3. Diplomatic and Consular Notification
According to Article 36 of the Vienna Convention on Consular Relations (1963):
- If a foreign national is detained or arrested, the consulate of the relevant country must be notified without delay.
- Consular officials may meet with the detainee and provide legal assistance.
4. Legal Process by Type of Offense
4.1 Ordinary Criminal Offenses
For crimes such as theft, fraud, or drug trafficking, general criminal law provisions apply.
- Foreign nationals are tried in the same manner as Turkish citizens.
- If convicted, the sentence is executed in Turkish correctional institutions.
4.2 Political Offenses
Under the TPC and international agreements, political crimes are assessed differently. In some cases, asylum applications may be filed.
4.3 Military Offenses
If the offense is committed by a foreign soldier or a diplomatic officer, immunity and special privileges may apply under international law.
5. Extradition and Deportation Procedures
5.1 Serving the Sentence in Turkey
As a rule, Turkey—being the country where the crime was committed—conducts both the trial and the execution of the sentence.
5.2 Extradition of Offenders
- Under the Law No. 6706 on International Judicial Cooperation in Criminal Matters, extradition is possible between Turkey and the requesting state.
- However, pursuant to Article 18 of the TPC, extradition is not granted for political crimes or where there is a risk of capital punishment.
5.3 Deportation
A foreign national may be deported under the Law No. 6458 on Foreigners and International Protection after serving the sentence or upon conditional release.
6. Common Practical Challenges
- Communication gaps between consular offices and judicial authorities
- Language barriers during testimony and the exercise of defense rights
- Human rights concerns in extradition requests (assessed under ECHR case law)
- Diplomatic tensions due to extended detention periods
7. International Law Dimension
- ECHR Article 6: Right to a fair trial
- UN International Covenant on Civil and Political Rights: Right to liberty and security
- Interpol cooperation in arrest and extradition processes
Conclusion
When a foreign national commits a crime in Turkey, Turkish courts have territorial jurisdiction, and proceedings are conducted under domestic law. However, the process must also be evaluated in light of international law, diplomatic relations, and human rights obligations.
Ensuring that criminal proceedings are conducted fairly, promptly, and in compliance with legal safeguards is essential both for Turkey’s rule of law principle and its international commitments.
Yanıt yok