Criminal Law

Criminal Lawyer in Turkey

Criminal law is the only area of law that can strip a person of their liberty, reputation, and future in a single proceeding. In Turkey, as in any country, the difference between a favourable outcome and a devastating one often comes down to the legal support obtained from the very first hours of a criminal investigation.

At Keleş Law & Consultancy, we represent Turkish citizens and foreign nationals at every stage of criminal proceedings — from the first police interview through to appeals before the Constitutional Court and the European Court of Human Rights. We provide full legal support in English, Arabic, Russian, and Farsi.

What Is Criminal Law in Türkiye?

Turkish criminal law is governed by two principal statutes: the Turkish Penal Code (Law No. 5237 — TCK), which defines offences and penalties, and the Code of Criminal Procedure (Law No. 5271 — CMK), which regulates how criminal proceedings must be conducted.

Criminal law is not simply about punishment. Its broader purposes include protecting individual rights, safeguarding victims, and ensuring that every person accused of an offence receives a fair trial. This balance is fundamental to the Turkish legal system and is reinforced by Turkey's obligations under the European Convention on Human Rights.

For anyone involved in a criminal case in Turkey — whether as a suspect, accused, or victim — early legal advice from an experienced criminal law attorney is essential.

Core Principles of Turkish Criminal Law

Presumption of Innocence: Every person accused of a criminal offence is presumed innocent until their guilt is proven and a conviction becomes final. No authority may treat an accused person as guilty before this point.

Legality Principle (Nullum crimen sine lege): No one may be prosecuted or punished for an act that was not defined as a criminal offence at the time it was committed. This protects individuals from arbitrary state action.

Proportionality: The severity of any sentence must be proportionate to the gravity of the offence. Excessive or arbitrary punishment is prohibited.

Benefit of the Doubt (In dubio pro reo): Where evidence is insufficient or ambiguous, any doubt must be resolved in favour of the accused.

Right to a Fair Trial: Guaranteed by Article 36 of the Turkish Constitution and Article 6 of the European Convention on Human Rights, this right encompasses the right to legal representation, to be heard before an impartial court, and to receive a judgment within a reasonable time.

Our Practice Areas

A criminal case in Turkey begins with an investigation (soruşturma), which may be initiated by a complaint, a notification, or ex officio by the Public Prosecutor. Once the investigation is complete, the Prosecutor either issues a decision not to prosecute (KYOK) or files an indictment (iddianame), at which point the prosecution phase (kovuşturma) begins.

Legal representation from the investigation stage is critical. Statements made to police or the Prosecutor without prior legal advice can be used as evidence in court. Our firm represents clients at police interviews, before the Prosecutor, in all court hearings, and throughout the appeals process.

Pre-trial detention (tutukluluk) is the most severe restriction on personal liberty available to Turkish courts before a verdict. Under Turkish law, detention requires both a strong suspicion of an offence and a specific detention ground — such as risk of flight or risk of evidence tampering. These conditions must be continually justified; otherwise, the accused must be released.

Our firm actively challenges detention decisions at review hearings, argues for alternatives such as judicial supervision (adli kontrol), travel bans, and bail, and — where prolonged detention constitutes a rights violation — files individual applications to the Constitutional Court.

Cases heard before Heavy Criminal Courts (Ağır Ceza Mahkemesi) — including homicide, drug trafficking, aggravated fraud, robbery, sexual offences, and terrorism-related charges — require the most thorough and experienced defence. Evidence management, expert witness challenges, and the overall defence strategy are decisive at this level.

Our firm handles serious criminal cases from the initial investigation through to the finalisation of any judgment.

Social media posts, online threats and defamation, cyber fraud, unauthorised access to computer systems, and unlawful processing of personal data are increasingly prosecuted in Turkey. In such cases, how digital evidence was obtained — and whether it was obtained lawfully — is often central to the defence.

Tax evasion, money laundering, document fraud, bid rigging, and banking fraud are complex cases that typically involve lengthy investigations, multiple defendants, and extensive financial documentation. Our firm works with financial experts and forensic accountants where necessary to build a comprehensive defence strategy.

Causing death or injury through negligent driving, workplace accidents, or medical malpractice gives rise to criminal liability in Turkey, regardless of whether a civil claim is also brought. We represent both defendants and victims in these proceedings.

Not every criminal case needs to end in a conviction or acquittal at trial. For qualifying offences, mediation (uzlaşma) between the parties can result in the case being closed. Where a conviction is unavoidable, suspended sentences (erteleme), conversion of imprisonment to a fine, and probation (denetimli serbestlik) can significantly reduce the impact on a client's life. We explore all available options at every stage.

Where a first-instance court reaches an incorrect decision, we pursue all available legal remedies: appeal to the Regional Court of Appeal (Bölge Adliye Mahkemesi — BAM), cassation before the Court of Cassation (Yargıtay), individual applications to the Constitutional Court (Anayasa Mahkemesi), and — as a final remedy — applications to the European Court of Human Rights (ECtHR). The end of domestic proceedings does not mean the end of the road.

Criminal Proceedings in Turkey: A Guide for Foreign Nationals

Foreign nationals in Turkey who face criminal investigation or prosecution encounter a legal system that may be entirely unfamiliar to them. Language barriers, unfamiliarity with Turkish procedural rules, and uncertainty about consular rights can compound an already stressful situation significantly.

Keleş Law & Consultancy has extensive experience representing foreign nationals in Turkish criminal proceedings. We provide full support in English, Arabic, Russian, and Farsi at every stage.

Any foreign national detained or questioned in Turkey has the following rights under Turkish law and international treaties to which Turkey is a party:

1. Right to an interpreter: Where a person does not understand Turkish, a sworn interpreter must be provided free of charge at all stages of proceedings, including police interviews, Prosecutor questioning, and court hearings (CMK Article 202).
2. Right to legal counsel: Every suspect has the right to consult a criminal lawyer from the moment of detention (CMK Article 149). This right must be respected without delay.
3. Right to silence: No person can be compelled to make a statement against themselves. This right applies from the first moment of detention.
4. Right to consular notification: Under Article 36 of the Vienna Convention on Consular Relations, a detained foreign national has the right to have their consulate notified without delay. Turkish authorities are obliged to inform the detainee of this right.

A foreign national detained by Turkish police must be brought before a judge within 24 hours (or 48 hours for collective offences). If the judge does not order pre-trial detention, the person must be released. Statements taken at the police station are conducted through a sworn interpreter and may be used as evidence in subsequent proceedings. Our firm attends police interviews alongside clients to manage this process.

Turkish courts sometimes view foreign nationals as presenting a higher risk of absconding than Turkish citizens. Our firm counters this presumption by presenting concrete evidence of the client's ties to Turkey — business activities, property ownership, family connections, and length of residence — and by arguing for judicial supervision measures as an alternative to detention.

Foreign nationals facing criminal charges in Turkey may simultaneously face administrative deportation proceedings. These two processes are legally distinct but can influence each other significantly: a criminal conviction may affect deportation status, and a deportation order may be issued during a pending criminal case. Our firm manages both tracks concurrently, drawing on our experience in both criminal and immigration law.

All communication with foreign clients is conducted in their preferred language. Court documents, judgments, indictments, and Prosecutor correspondence are translated and explained in full. No stage of the proceedings should be opaque to the person at its centre.

Why Keleş Law?

Full-Spectrum Criminal Defence: Not just courtroom representation, but investigation strategy, evidence management, detention challenges, and appeals — managed as a seamless whole.

Dual Expertise for Foreign Clients: In cases where criminal law and immigration law intersect — deportation, visa consequences, residence permit issues — our firm handles both dimensions.

Multilingual Communication: Turkish, English, Arabic, Russian, and Farsi. No communication barriers at any stage.

Transparent Fee Policy: Fees are agreed in writing at the outset. No unexpected charges.

Cross-Practice Integration: Where a criminal case gives rise to tax, administrative, or immigration issues, our firm's other practice areas are available without interruption.

Frequently Asked Questions

What should I do if I am arrested or detained in Turkey? Do not make any statement before speaking to a lawyer. Request legal counsel immediately and ask that your consulate be notified. Both of these rights are guaranteed by Turkish law and international treaties. Exercise them from the first moment.

How long does a criminal case take in Turkey? Duration varies considerably by offence type and court workload. Cases before courts of first instance (asliye ceza) typically take 6 to 18 months; serious criminal cases (ağır ceza) may take 1 to 4 years. The investigation phase precedes these timelines and is not included.

Can I leave Turkey while a criminal case is pending? If a travel ban (yurt dışı çıkış yasağı) has been imposed, you may not leave. Your lawyer may apply to the court to lift or vary this restriction.

Is it compulsory to have a lawyer in Turkiye? Mandatory defence counsel is required only in certain serious cases; in others, the court appoints a public defender if the accused does not retain one. However, the scope of assigned counsel differs significantly from retained counsel. We strongly recommend retaining a lawyer from the outset.

I received a summons from Turkish authorities while outside Turkey. What should I do? Turkish criminal jurisdiction can extend to certain offences committed outside Turkey. Before travelling to Turkey in response to any such communication, consult a criminal lawyer. The circumstances of your entry and initial contact with authorities can have significant consequences.

Will a criminal conviction in Türkiye affect my visa or residence permit? Potentially, yes. Certain convictions can result in visa refusal, residence permit cancellation, or a ban on re-entry. Our firm advises on the immigration consequences of criminal proceedings alongside the criminal defence itself.

We are committed to providing prompt and effective legal support to clients facing criminal investigation or prosecution. Contact us to discuss your case.

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