Will I be deported if I am convicted of a crime in Turkey?

Under the Law on Foreigners and International Protection (No. 6458), authorities can issue a deportation order for individuals considered a threat to public order. However, a conviction does not automatically trigger this. We file lawsuits to halt deportation by arguing the crime does not meet the public security threat threshold or by proving strong family ties in Turkey.

I signed a police statement in Turkish without a lawyer. Can I retract it?

Retracting a signed statement is difficult but possible if procedural violations occurred, such as denial of a sworn translator or legal counsel. We can file a motion to suppress the statement as 'prohibited evidence' under CMK Article 148, but immediate action is required.

What is 'HAGB' (Suspension of the Verdict)? Will I go to prison?

HAGB (Hükmün Açıklanmasının Geri Bırakılması) is a mechanism to keep first-time offenders out of prison for sentences under 2 years. If granted, the verdict is suspended, and the conviction does not appear on your standard criminal record, provided you do not commit another crime for 5 years.

My passport was confiscated. How can I leave Turkey?

Confiscation usually implies a judicial control measure with a travel ban. You cannot legally leave. Attempting to do so will worsen your case. Our strategy involves petitioning the court to lift the ban by proving you are not a flight risk through evidence of residence, business, or family ties.

How long do criminal trials take in Turkey?

The investigation phase can last 3-12 months. Once the trial begins, hearings are typically 3-4 months apart. A standard case may take 1 to 2 years. We expedite this by proactively submitting evidence and following up with the prosecutor.

Do I need to be physically present for every hearing?

Generally, you must attend the first hearing to give your defense. Afterward, we can request an exemption (Vareste Tutulma) allowing you to be absent from future hearings while we represent you, unless the judge requires your presence for critical procedures.

Criminal Defense Law in Turkey | Immediate Representation & Litigation

Your freedom and reputation are on the line. Facing criminal charges in a foreign legal system demands more than just a lawyer; it requires an aggressive, strategic defense shield.

Being accused of a crime in Turkey is a daunting experience for any foreign national. The Turkish Penal Code (TCK) is rigorous, and a simple misunderstanding or language barrier during the initial police interrogation can lead to severe restrictions on your liberty. As Istanbul Attorneys, we act as your immediate defense force. From the moment of detention (Gözaltı) to high-stakes trials in Heavy Penal Courts (Ağır Ceza), our team ensures your procedural rights under the Code of Criminal Procedure (CMK) are fiercely protected against unlawful accusations.

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Private criminal defense consultation in an Istanbul office with Bosphorus view, discussin

Stressed individual facing criminal charges in Turkey reviewing legal case files and evide

Lawyer presenting attorney identification at a Turkish police station counter to provide i

Exterior view of Istanbul Justice Palace (Çağlayan Adliyesi) with police vehicles, the cen

Handcuffs and defense lawyer's notepad on a metal table, symbolizing criminal investigatio

Strategic Defense in Complex Criminal Cases

The Turkish justice system operates on a strictly inquisitorial basis. Unlike in some Western jurisdictions, the evidence collected during the initial investigation phase (Soruşturma) often dictates the final verdict. Prosecutors have vast powers, and without immediate legal intervention, a temporary detention can quickly escalate into a pre-trial arrest order (Tutuklama) that lasts for months. At Istanbul Attorneys, we provide comprehensive defense services rooted in a deep understanding of the Criminal Procedure Code (CMK).

The Critical First 24 Hours: Detention & Interrogation

The most common mistake foreign nationals make is giving a police statement without a lawyer present, believing they can "explain the misunderstanding." In Turkish Law, your initial statement (İfade) is the backbone of the case. Anything you say can be used against you in court.

Our first line of defense is at the police station. We ensure you exercise your right to remain silent until we have reviewed the case file. We actively participate in the interrogation to prevent leading questions and procedural violations. If you or a family member has been detained, Contact our Emergency Criminal Defense Team immediately. Do not sign any document you do not fully understand.

Drug Offenses (TCK 188 & TCK 191)

Turkey has extremely strict laws regarding narcotics. The legal distinction between "Possession for Personal Use" (TCK 191) and "Manufacturing and Trading" (TCK 188) is vital but often blurred by prosecutors. A simple possession charge can be upgraded to "trafficking" based merely on the quantity found or the way it was packaged.

For international clients, a drug conviction often leads to immediate deportation after the sentence. We challenge the evidence collection methods—such as unlawful searches without a proper warrant—to suppress evidence.

Violent Crimes & Self-Defense Claims

Cases involving Intentional Injury (Kasten Yaralama) or Homicide often revolve around the concept of "Legitimate Defense" (Meşru Müdafaa). Proving self-defense in Turkey requires establishing that the response was proportionate to the attack. Our litigation team works with forensic experts to reconstruct crime scenes and prove that our client’s actions were necessary for survival, aiming for acquittal or significant sentence reduction under "Unjust Provocation" clauses.

White Collar Crimes & Financial Allegations

In Turkey, commercial disputes can aggressively escalate into criminal investigations. International business owners often face charges of "Qualified Fraud" (Nitelikli Dolandırıcılık) or "Abuse of Trust" (Güveni Kötüye Kullanma) stemming from failed contracts or partnership disagreements. These are not just civil matters; they carry heavy prison sentences.

Our team specializes in the intersection of commercial and criminal law. We analyze financial records, audit trails, and banking data to prove that the dispute is purely civil, aiming for a "Non-Prosecution Decision" (Takipsizlik) before the case even reaches the court.

High-Stakes Litigation: Heavy Penal Courts (Ağır Ceza)

Cases involving sentences exceeding 10 years (such as organized crime, major smuggling, or homicide) are tried in Heavy Penal Courts. These are panels of three judges, not a single magistrate. The atmosphere is intense, and the procedural rules are unforgiving.

We deploy a "team defense" strategy for Heavy Penal cases. While one attorney handles cross-examination, another monitors the court clerk's minutes to ensure every defense argument is recorded verbatim. This attention to detail creates the solid foundation needed for future appeals.

Post-Conviction: Appeal (İstinaf) & Supreme Court (Yargıtay)

A verdict is not the end of the road. The Turkish judicial system has a robust appellate structure. If an unfavorable decision is reached, we immediately file an appeal to the Regional Court of Justice (BAM - İstinaf). If necessary, we escalate the case to the High Court of Appeals (Yargıtay). Timing is critical here; missing the 7-day appeal window results in the finalization of the sentence. Do not lose your right to challenge the verdict due to a procedural error.

Every second counts in criminal defense. If you are facing investigation or trial, Contact Us immediately for a confidential case evaluation.

Our Approach to Criminal Defense: Diligence & Procedure

In the Turkish legal system, the outcome of a case is often determined by procedural precision rather than courtroom drama. We focus on the strict application of the Criminal Procedure Code (CMK) to ensure a fair trial.

Turkish criminal law is inquisitorial, meaning the prosecutor and judge play active roles in investigating the truth. Our role as defense counsel is to ensure that this investigation remains objective, lawful, and that favorable evidence is not overlooked. We build our defense on four concrete legal pillars.

Lawyer analyzing a massive amount of discovery documents and state evidence boxes for a wh

1. Pre-Trial Evaluation & Evidence Submission

The Investigation Phase (Soruşturma) is decisive. Rather than waiting passively for an indictment, we actively submit petitions and evidence to the Prosecutor's Office. Our goal is to demonstrate the lack of sufficient suspicion early on, aiming for a "Decision of Non-Prosecution" (Kovuşturmaya Yer Olmadığına Dair Karar - KYOK) whenever the file merits it.

2. Scrutinizing Expert Reports (Bilirkişi)

In Turkish courts, technical matters are referred to court-appointed experts (Bilirkişi). A faulty report can lead to an unjust conviction. We meticulously analyze these reports—whether they concern financial audits in fraud cases or forensic data in other matters. If we detect errors or bias, we file detailed objections and request a new expert panel to re-evaluate the evidence.

Crime scene investigation in Istanbul with yellow evidence marker number 4 next to a bulle

3. Protecting Your Legal Status in Turkey

For foreign nationals, a criminal conviction can trigger administrative consequences, such as deportation or visa cancellation under Law No. 6458. We view your case holistically. While defending you in penal court, we also monitor the administrative implications to protect your residency rights and ability to stay in Turkey.

4. Procedural Compliance & Statement Analysis

The Supreme Court (Yargıtay) precedents place immense weight on the initial statements given to law enforcement. We ensure that your statements were taken in accordance with the law, with a sworn translator present if needed. We challenge any procedural violations—such as prohibited interrogation methods or lack of legal counsel—to have unlawfully obtained evidence excluded from the file.

Uncertain About Your Legal Standing?

Criminal charges in Turkey move fast. A procedural error today can become a permanent verdict tomorrow. Let us review your file and provide a clear, step-by-step legal roadmap.

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The Legal Framework: Governing Statutes of Criminal Law in Turkey

Turkey operates under a codified Civil Law system, distinct from Common Law jurisdictions. Criminal liability and procedural rules are strictly defined by written statutes, leaving limited room for judicial discretion compared to American or British courts. Our defense strategies are built directly upon the primary legislation governing the Turkish justice system.

Primary Legislation of Criminal Law

Turkish Penal Code (TCK) No. 5237: Enacted in 2005, this is the substantive law that defines what constitutes a crime and prescribes specific penalties. It covers offenses ranging from white-collar crimes to violent felonies. [External Link] Access the full text on the Official Legislation System: Mevzuat.gov.tr - TCK No. 5237
Criminal Procedure Code (CMK) No. 5271: This code governs the process of justice—from police detention and evidence collection to trial procedures and appeals. It dictates your rights during interrogation and the limits of state power. Review procedural rights: Mevzuat.gov.tr - CMK No. 5271
Law on the Execution of Penalties (CGTİHK) No. 5275: A prison sentence in court does not always mean time behind bars. This law regulates probation, parole, and alternative sentencing. Understanding this code is crucial for calculating the actual time likely to be served.

Constitutional & International Protections

The Constitution of the Republic of Turkey (Anayasa): Article 38 is the bedrock of criminal defense, establishing the "Presumption of Innocence" (Masumiyet Karinesi). It explicitly states that no one can be considered guilty until a final court verdict is reached. We use this constitutional right to challenge premature detentions and media trials. Read Article 38: Mevzuat.gov.tr - Turkish Constitution
Law on Foreigners and International Protection (YUKK) No. 6458: For non-citizens, a criminal case is never just about prison; it's about staying in the country. This law governs deportation (Sınır Dışı) procedures. Specifically, Article 54 allows the state to deport individuals considered a "threat to public order." Our defense strategy integrates this law to prevent your criminal file from becoming a deportation order. Access the Law on Foreigners
European Convention on Human Rights (ECHR): As a member of the Council of Europe, Turkey is bound by the ECHR. In cases where domestic remedies fail or procedural rights (such as the Right to a Fair Trial - Art. 6) are violated, we prepare the groundwork for an individual application to the Constitutional Court (AYM) and potentially the European Court of Human Rights (ECtHR).

Why Choose Istanbul Attorneys for Your Liberty?

Criminal defense requires more than just legal knowledge; it requires availability and clear communication. We bridge the gap between complex Turkish procedures and international legal standards.

Immediate Intervention

Arrests don't happen on a schedule. The first 24 hours of detention are critical for the outcome of your case. We provide rapid response services to police stations across Istanbul, ensuring you are never interrogated without proper legal counsel present.

No Language Barriers

The Turkish legal system operates entirely in Turkish, but we don't. Our team is fluent in English, ensuring that you understand every allegation, document, and strategy. You will never be left "lost in translation" during a hearing or consultation.

Holistic Defense Strategy

We don't just fight the criminal charge; we protect your future in Turkey. Our defense strategy integrates Immigration Law (Law No. 6458) from Day 1, aiming to prevent collateral damage such as deportation orders or entry bans alongside the criminal verdict.

Defense Led by Senior Partners

Criminal defense allows no room for error. At Istanbul Attorneys, your case is not handed off to junior associates. Our defense strategy is personally directed by our founding partners, combining aggressive courtroom litigation with astute regulatory interpretation.

Attorney Oruç Aygün, Founding Partner of Istanbul Attorneys, specialized in heavy penal court litigation and criminal defense for foreign nationals in Turkey.

Att. Oruç AYGÜN

Head of Criminal Litigation & Defence

As a co-founder of Istanbul Attorneys, Mr. Aygün leads the firm’s high-stakes litigation department. He specializes in representating international clients in Turkish Criminal Courts, with a specific focus on procedural defense strategies in Heavy Penal cases. His practice encompasses complex dispute resolution, negotiating with law enforcement authorities, and dismantling prosecution arguments through rigorous cross-examination.

Attorney Onur Çalışıcı, Founding Partner of Istanbul Attorneys, expert in white collar crimes, corporate fraud defense, and regulatory compliance in Istanbul.

Att. Onur ÇALIŞICI

Head of Regulatory Defense

Mr. Çalışıcı directs the firm’s strategy on "White Collar" crimes and regulatory compliance. He advises foreign investors and corporate entities on criminal liability arising from commercial activities, including allegations of fraud, embezzlement, and customs violations. His expertise bridges the gap between commercial law and penal sanctions, ensuring that business disputes do not escalate into irreversible criminal convictions.

FAQ: Criminal Defense for Foreigners

This is the most common concern. Under the Law on Foreigners and International Protection (No. 6458), authorities have the right to issue a deportation order (Sınır Dışı Kararı) for individuals considered a "threat to public order." However, a criminal conviction does not automatically trigger deportation. The administrative court process is separate from the criminal trial. We file simultaneous lawsuits to halt deportation execution, arguing that the crime does not meet the threshold of a "public security threat" or that you have strong family ties in Turkey prohibiting removal.

Retracting a signed statement (İfade) is difficult but possible under specific conditions. If you were denied a sworn translator, if you were coerced, or if you were not informed of your right to legal counsel, we can file a motion to suppress that statement as "prohibited evidence" (Yasak Delil) under CMK Article 148. However, you must act immediately. The longer the statement remains on file unchallenged, the more weight the judge will assign to it.

Turkey has a mechanism called HAGB (Hükmün Açıklanmasının Geri Bırakılması) to keep first-time offenders out of prison. If your sentence is less than 2 years and you have no prior criminal record in Turkey, the judge may choose to "suspend" the verdict. This means you do not go to jail and the conviction does not appear on your standard criminal record (Sabıka Kaydı), provided you do not commit another crime for 5 years. We strategically aim for HAGB in lower-level offenses to protect your liberty.

Instead of pre-trial detention, courts often impose "Judicial Control" (Adli Kontrol), which includes travel bans and regular police station sign-ins. If your passport has been seized, you cannot legally leave the country. Attempting to cross the border illegally will severely worsen your case. Our strategy involves petitioning the court to lift the travel ban by proving you are not a flight risk—submitting evidence of your fixed residence, business investments, or family status in Turkey.

The Turkish justice system is thorough but slow. The investigation phase (Soruşturma) can last from 3 to 12 months depending on the complexity of the evidence (e.g., waiting for forensic reports). Once the trial begins (Kovuşturma), hearings are typically scheduled 3-4 months apart. A standard criminal case may take 1 to 2 years to reach a verdict. We expedite this by proactively submitting evidence and constantly following up with the prosecutor’s office.

Generally, the defendant must be present for the first hearing to give their defense statement in person. After this, if the court grants permission, we can request an exemption from attending future hearings (Vareste Tutulma). This allows you to carry on with your daily life or work while we represent you in the courtroom. However, for serious felonies in Heavy Penal Courts, the judge may require your presence at critical stages.

Trusted by International Clients in Critical Moments

J.S. 🇬🇧 (United Kingdom

My son was detained at Istanbul Airport due to a misunderstanding with security. We were terrified and didn't speak the language. Istanbul Attorneys arrived at the police station within two hours. He calmed us down, handled the statement process professionally, and my son was released the same night without charges. Truly a lifesaver.

Ahmed Al-R. 🇰🇼 (Kuwait)

I faced a serious 'fraud' accusation regarding a real estate investment that went wrong. It was a nightmare; my bank accounts were frozen. Istanbul Attorneys analyzed the contracts and proved to the prosecutor that this was a civil dispute, not a crime. The case was closed with a 'Non-Prosecution' decision before it even went to court.

Dmitri V. 🇷🇺 (Russia)

After a minor altercation, I was facing not just a fine but immediate deportation. I have a family and business here. The team didn't just look at the penal code; they fought the immigration order simultaneously. Thanks to their quick injunction, my residence permit was saved. Highly recommended for foreigners in trouble.