Turkish Criminal Law

Criminal investigations and prosecutions in Turkey are governed by the Turkish Penal Code No. 5237 (Türk Ceza Kanunu — TCK) and the Criminal Procedure Code No. 5271 (Ceza Muhakemesi Kanunu — CMK). Kalem Law Office provides defence representation for suspects and defendants, as well as legal representation for victims and complainants (müşteki / katılan), during police and prosecutor investigations, detention hearings, trial proceedings, and appeals.

1. Investigation Stage, Police Questioning and Detention (CMK Art. 90–108)

The initial investigation stage conducted by the Public Prosecutor’s Office (Cumhuriyet Başsavcılığı) and law-enforcement authorities often shapes the entire outcome of a criminal file. Under the Criminal Procedure Code:

• Right to Defence Counsel and Sworn Interpreter: A foreign national questioned as a suspect has the absolute statutory right to consult defence counsel in private before giving a statement, to remain silent, and to be assisted by an independent interpreter.
• Detention (Gözaltı) and Judicial Control (Adli Kontrol — CMK Art. 109): Where a suspect is referred to the Criminal Judgeship of Peace (Sulh Ceza Hakimliği) for pre-trial arrest (tutuklama), defence counsel challenges the evidentiary basis and argues for release or proportionate judicial-control measures such as periodic signature or security deposit.

2. Principal Criminal Offences Handled Under the Turkish Penal Code (TCK No. 5237)

• Property and Financial Offences: Simple and qualified fraud (TCK Art. 157–158), breach of trust (TCK Art. 155), forgery of official or private documents (TCK Art. 204–207), and real estate or investment fraud.
• Offences Against the Person and Liberty: Intentional or negligent bodily harm, threats, blackmail, deprivation of liberty, and traffic or workplace accidents involving injury.
• Cybercrime and Banking Offences: Unlawful access to information systems (TCK Art. 243–245), misuse of bank or credit cards, and digital financial fraud.
• Immigration and Cross-Border Consequences: Assessing the administrative impact of criminal investigations on residence permits, deportation orders, and entry restriction codes under Law No. 6458 (YUKK).

3. Representation Before Criminal Courts and Appeals (İstinaf & Temyiz)

Depending on the statutory penalty range of the alleged offence, trials are heard before the Criminal Court of First Instance (Asliye Ceza Mahkemesi) or the Heavy Penal Court (Ağır Ceza Mahkemesi). Defence representation includes challenging unlawful searches or digital seizures, cross-examining witnesses, requesting independent expert reports, and filing appeals before the Regional Court of Appeal (Bölge Adliye Mahkemesi — İstinaf) and the Court of Cassation (Yargıtay — Temyiz).

Frequently Asked Questions

Should a foreign national sign a police statement in Turkish without a lawyer?

No. A suspect should never sign a statement record that has not been reviewed with defence counsel and accurately translated by an interpreter.

Can a victim of fraud or assault in Turkey file a criminal complaint from abroad?

Yes. Through a criminal Power of Attorney granting specific authority to file complaints and intervene in proceedings, a lawyer can submit a detailed criminal complaint with supporting evidence directly to the competent Public Prosecutor’s Office.

Does a criminal investigation automatically cause deportation from Turkey?

An investigation or arrest can trigger administrative review by the Directorate of Migration Management under Law No. 6458, making coordinated criminal defence and administrative representation essential.

See also our Alanya Criminal Lawyer guide and What to Do After Detention or Arrest in Alanya.