Istanbul Criminal Defense Lawyer

When a foreign national, business executive, or traveler faces police detention, airport arrest on an international notice, financial asset freezing, or criminal indictment in Istanbul, immediate representation by a criminal defense attorney during the very first hours of investigation is decisive. Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No: 6281), provides criminal defense representation before the Istanbul Chief Public Prosecutor’s Offices (Cumhuriyet Başsavcılığı), Peace Criminal Judgeships (Sulh Ceza Hakimliği), and Heavy Penal Courts (Ağır Ceza Mahkemeleri) at Çağlayan, Kartal (Anatolian), Bakırköy, and Büyükçekmece Courthouses pursuant to the Turkish Penal Code No. 5237 (TCK) and the Criminal Procedure Code No. 5271 (CMK).

1. Emergency Police Detention, Airport Desks & Arrest Hearings (CMK Art. 90–109)

Under the Turkish Criminal Procedure Code No. 5271, any statement taken by police or gendarmerie without defense counsel present cannot be used as basis for a conviction unless explicitly confirmed by the suspect before a judge in the presence of their lawyer (CMK Art. 148/4):

• Istanbul Airport (IST) & Sabiha Gökçen (SAW) Courthouse Bureaus: Foreign nationals detained upon arrival or departure due to pending arrest warrants (Yakalama Kararı), customs complaints, or Interpol notices are brought before the dedicated airport prosecutor’s offices or SEGBİS video-link judgeships connected to Gaziosmanpaşa, Bakırköy, and Anadolu Courthouses.
• Detention Limits (Gözaltı Süresi — CMK Art. 91): Standard police custody may not exceed 24 hours from arrest (excluding transit time up to 12 hours), extendable by written prosecutor’s order in collective offenses (Toplu Suçlar) for up to 3 additional days.
• Peace Criminal Judgeship Interrogation & Judicial Control (Adli Kontrol — CMK Art. 100 & 109): If the prosecutor refers the suspect for pre-trial detention (Tutuklama), our attorneys challenge the evidentiary threshold under CMK Art. 100 before the Istanbul Peace Criminal Judgeship (Sulh Ceza Hakimliği) and advocate for release under Judicial Control (Adli Kontrol — CMK Art. 109), as well as filing 7-day appeals to lift travel bans (Yurt Dışı Çıkış Yasağı) or obtain release from Silivri (Marmara), Maltepe, Metris, or Bakırköy Correctional Institutions.

2. Interpol Red Notice Defense & Extradition Proceedings in Istanbul (Law No. 6706)

Foreigners detained in Istanbul on an Interpol Red Notice (Kırmızı Bülten) or Diffusion faces international judicial cooperation proceedings under Law No. 6706 on International Judicial Cooperation in Criminal Matters:

• Istanbul Heavy Penal Court Extradition Review (Law No. 6706 Art. 15–19): The competent Istanbul Heavy Penal Court examines whether the extradition request violates fundamental refusal grounds under Article 11 of Law No. 6706 and the European Convention on Extradition — including politically motivated charges, military/fiscal offenses, risk of torture or inhuman treatment (ECHR Art. 3), dual criminality failure, or statutory limitation.
• CCF Deletion Requests & Provisional Arrest Challenges: While defending against provisional arrest (Geçici Tutuklama — Law No. 6706 Art. 14) in Istanbul, we prepare comprehensive legal submissions to the Commission for the Control of INTERPOL’s Files (CCF) under Articles 2(1) and 3 of the INTERPOL Constitution.

3. Cybercrime, MASAK Account Freezes & Customs Offenses in Istanbul

Beyond dedicated commercial fraud defense (see our specialized guide on Istanbul Criminal Lawyer for Fraud — TCK Art. 157–158), our Istanbul criminal defense practice covers:

Frequently Asked Questions (FAQ)

What should a foreign national do immediately upon being detained by police or at Istanbul Airport?

Under Article 147 of the Turkish Criminal Procedure Code (CMK), you have the absolute right to remain silent (Susma Hakkı), the right to an interpreter free of charge, the right to notify your consulate and a relative, and the right to refuse to give any statement until your defense lawyer arrives in person.

How can a foreign suspect obtain release from Silivri (Marmara) or Maltepe Prison in Istanbul?

Defense counsel can file an objection against the arrest order within 7 days (CMK Art. 268) and submit periodic release petitions at every 30-day judicial detention review (CMK Art. 108), presenting concrete residential guarantees, bail security (Güvence Miktarı — CMK Art. 113), or judicial control measures.

Can Turkey extradite a foreigner detained in Istanbul on an Interpol Red Notice?

Extradition is not automatic. Under Law No. 6706, the Istanbul Heavy Penal Court conducts a full judicial hearing to determine whether the request is admissible. If the charges are political in nature, lack dual criminality, or expose the individual to torture or unfair trial in the requesting state, the court refuses extradition.

How do we lift a travel ban (Yurt Dışı Çıkış Yasağı) imposed by an Istanbul court?

An international travel ban is a judicial control measure under CMK Art. 109/3-a. Our attorneys petition the Peace Criminal Judgeship or trial court to lift the ban outright or convert it into a financial bail guarantee (CMK Art. 113) or periodic consular/signature reporting so the foreign defendant can return to their employment and family abroad.

Can a criminal complaint or defense file in Istanbul be monitored by power of attorney?

Yes. While a suspect must personally give their initial defense statement (either in Istanbul or via international letters rogatory / consulate if living abroad), a defense attorney holding a power of attorney can inspect the investigation file (unless a specific restriction order under CMK Art. 153 applies), submit exculpatory evidence, and challenge asset freezes or arrest warrants.