Criminal Case in Turkey

Under Turkish Law, criminal case is a lawsuit filed before Turkish criminal courts in order to determine whether a person has committed a criminal offense as defined by the Turkish Penal Code or other penal statutes, and if so, to decide which criminal sanctions should be applied. Foreigners in Turkey who become subject to a criminal case or investigation will find it crucial to understand the requirements, stages, and competent authorities for a criminal case under Turkish legal procedures.

What Is a Criminal Case under Turkish Law?

In Turkey, a criminal case is a type of public lawsuit filed by the prosecutor’s office with the competent Turkish criminal court. The fundamental purpose of the criminal case in the Turkish legal system is to establish, beyond reasonable doubt, whether a suspect or defendant has committed a crime, and if proven, to determine the criminal penalties prescribed by Turkish Law.

For foreigners residing in or visiting Turkey, any alleged criminal conduct will be prosecuted in accordance with these principles by Turkish judicial authorities.

Within the Turkish criminal justice system, a criminal case involves a trial where both the prosecution and the defense present and challenge evidence before a Turkish court, which then reaches a judgment.

The prosecutor must set out all allegations in the indictment, which is the official document opening the criminal case in Turkey. The court in Turkey cannot consider allegations not included in the indictment, nor can a trial prosecutor introduce new allegations during the hearing.

How Is a Criminal Case Initiated in Turkey?

The procedure for opening a criminal case in Turkey depends on the nature of the alleged offense. For crimes that require a complaint, prosecutors cannot start an investigation or file a criminal case unless the victim or harmed party lodges a formal complaint with Turkish authorities. For crimes not dependent on a complaint, the prosecutor is obliged under Turkish law to launch an investigation ex officio (automatically), based on any notice, report, or other means of awareness.

The initiation of a criminal case in Turkey is carried out by submitting an indictment to the competent and authorized criminal court. In respect to complaint-based crimes, the prosecutor acts upon the complaint itself; for other crimes, the prosecutor independently investigates whether a criminal act has occurred, who may be responsible, and what specific offense is involved under Turkish law. If, at the conclusion of the investigation, the prosecutor is convinced that a crime was indeed committed by someone, he or she must file a criminal case in Turkey.

The indictment must explicitly state the alleged act, the relevant provision of Turkish law, and the evidence collected during the investigation, all clearly linked together. Issuing an indictment signals there is “sufficient suspicion” of a crime—that is, the chance of conviction outweighs acquittal.

If the prosecutor determines that there is not enough suspicion to proceed with a criminal case in Turkey under Turkish law, a decision of non-prosecution (kovuşturmaya yer olmadığı kararı, also known as a dismissal of charges) must be issued.

Once the prosecutor submits an indictment to the criminal court, the court has 15 days to review the indictment and either accept it or send it back to the prosecutor for deficiencies. The prosecutor can appeal against such a return or address the indicated deficiencies and file a new indictment. If the indictment is accepted, the criminal court in Turkey prepares the criminal case for trial, sets a hearing date, and summons the parties. In a criminal case involving pre-trial detention, the court will issue an order to ensure the accused is brought from prison to the hearing.

Main Stages of a Criminal Case Before Turkish Courts

The process for a criminal case in Turkey generally unfolds in three principal stages:

• Investigation Phase: This is conducted by the Turkish public prosecutor, who gathers evidence, identifies suspects, and decides whether there are sufficient grounds to press charges. The investigation stage serves to clarify the facts and determine whether a public lawsuit should be instituted.
• Prosecution Phase: If the prosecutor concludes there is enough evidence, they file a public indictment in the relevant Turkish criminal court, thereby starting the judicial proceedings. The defendant is then formally charged and prosecuted before the court. In this stage, both the prosecution and the defense present their criminal case in Turkey, witnesses are heard, and evidence is examined by the Turkish criminal judges.
• Conclusion and Judgment: At the conclusion of the trial, the court issues its judgment. The court may acquit the defendant, convict them and impose a penalty, or dismiss the criminal case if procedural or legal reasons exist under Turkish Law.

Foreigners charged with a crime in Turkey are subject to the same stages and protections as Turkish citizens, but often face additional procedural steps such as interpreter assistance and notification to consular authorities.

How Long Does It Take to Open a Criminal Case in Turkey?

After a criminal complaint is filed with Turkish authorities, the timeline for a criminal case to be opened depends on the complexity of the criminal investigation in Turkey, the number of parties and witnesses to be interviewed, the need for reports from other institutions, and expert assessments. These factors can either speed up or lengthen the process.

After exercising their right to file a complaint, a complainant in Turkey may experience an investigative process that may last just a few days or extend for several years, depending on the criminal case in Turkey.

There is no maximum statutory duration for the investigation phase under Turkish law—each criminal case is assessed individually. On average, a typical criminal case in Turkey is filed within about six months.

Criminal Complaints and Withdrawal of Complaints in Turkey

During the investigation or prosecution phase, victims or injured parties may request to participate in the criminal case and proceeding as intervenors. The complainant, after making this request, becomes a party to the criminal case alongside the prosecutor and can submit opinions, challenge evidence, object to procedural matters, and question witnesses or defendants.

Withdrawing a complaint or rescinding it in Turkey generally results in criminal case dismissal for complaint-based offenses but does not end prosecutions for crimes that are not dependent on a complaint.

A complainant who withdraws their complaint cannot participate further as an intervenor and forfeits their rights to appeal, object, or seek other post-trial remedies. By revoking a complaint, the individual waives all such rights.

Even if a complaint is withdrawn in crimes not dependent on a complaint, the Turkish prosecutor must pursue the criminal case in Turkey until a final judgment is reached. This reflects the principle of obligatory prosecution within Turkish criminal law, making public prosecution a duty not subject to private will.

Mediation and Settlement Procedures in Turkish A Criminal Case

Mediation as an out-of-court settlement process is found in Turkey’s civil law system; it is not applicable to criminal case. However, the Turkish criminal justice system does provide for conciliation (uzlaştırma) in certain offenses.

Only specific crimes, mostly under the jurisdiction of the Basic Penal Court, are eligible for this type of settlement, though, under special circumstances, a pending criminal case in Turkey in the Heavy Penal Court may also be referred for conciliation depending on changes in the legal qualification of the offense.

How Is a Defense Presented in a Criminal Case in Turkey?

During the investigation phase, the person is referred to as a “suspect” (“şüpheli” under Turkish law), and if prosecution is pursued, the person becomes the “defendant” (“sanık”). Throughout the trial, the defendant may be acquitted, convicted, or subjected to other legal rulings by the court in Turkey. The accused has the right to defend themselves at every stage, both orally and in writing.

In a Turkish criminal case or proceeding, the parties personally describe the circumstances of the alleged offense, providing statements considered as factual evidence.

The attorney deals primarily with legal strategy and cannot substitute the factual account of the accused but may elaborate on inconsistencies in witness statements and analyze legal aspects. The attorney can rearticulate favorable testimony and highlight arguments to the court.

Hearings are the oral part of the Turkish criminal trial, during which the defense is provided, claims are advanced, evidence is discussed, and all parties—the accused, the complainant, and witnesses—are heard. Proceedings, statements, and main arguments are documented in the hearing minutes, with defenses generally made verbally during hearings, although written statements can also be submitted at any stage.

During the first hearing, the defendant is questioned and given an opportunity to present their defense, which can continue at any subsequent stage, both orally and in writing. The defendant has the final right to speak at the close of the trial.

Defense Petition in A Criminal Case under the Turkish Legal System

A defense in a criminal case in Turkey can also be presented in writing through a petition to the court. To be considered by the court, such petitions must address technical aspects, including any factors in favor of the defendant, contradictions in the evidence, and court decisions supporting the legal interpretation. The form and length of a defense petition will depend on the nature of the criminal case, and it is advisable for foreigners to consult with their lawyer while preparing their submission.

A sample defense petition for criminal case in Turkey can often be requested from Turkish legal resources or counsel.

Obtaining a Copy of the Criminal Case File in Turkey

A copy of the criminal case in Turkey file can be obtained from the relevant Turkish criminal court in which the case was filed. Only official parties in the case, such as the complainant or accused (or their legal representative), are entitled to such copies. Non-parties are not granted access under Turkish law.

Obtaining a file copy is done by submitting a petition to the court or, at the investigative stage, to the public prosecutor’s office, requesting a photocopy of the case documents.

Presenting a Defense Without a Lawyer in Turkish Courts

Defending yourself in court without legal counsel in Turkey can lead to significant loss of rights. If you cannot afford to hire a private lawyer, you are entitled—by petitioning the court or outside the hearing—to request a court-appointed lawyer (provided through the Bar Association) free of charge.

Foreigners or defendants who wish to defend themselves without an attorney should, as a first step, obtain a full copy of their case file, review the charges and evidence, and address any inaccuracies or misleading evidence through their defense submissions in court.

Trial Without Detention: Trial While Not in Custody in Turkey

In Turkish criminal cases where the defendant is not in custody, the accused might prefer not to attend hearings in person. In such instances, a request can be made to the court for “exemption from attendance” (duruşmadan vareste tutulma) but only after the defendant has been formally questioned by the court. Once granted, only the defense lawyer is required to attend on behalf of the accused.

How Long Does a Criminal Case Last in Turkey?

The duration of a criminal case in Turkey depends on the size and complexity of the case file, the number of defendants, complainants, and witnesses, the diversity of evidence, whether on-site inspections are necessary, and if expert reports must be obtained. All these factors influence how long a criminal case lasts under Turkish law.

For example, a trial in a regular local Turkish court with two or three defendants, one complainant, and two witnesses typically takes around two years. If collecting evidence proves more difficult—such as when witnesses can’t be reached—delays are common. Even when the court orders compulsory attendance, law enforcement may not always succeed in bringing witnesses to court, extending the trial period.

Legal Basis for Criminal Proceedings in Turkey

The main legal texts governing criminal case in Turkey are the Turkish Penal Code (Türk Ceza Kanunu) and the Turkish Code of Criminal Procedure (Ceza Muhakemesi Kanunu). These codes define criminal conduct, outline the rights and obligations of the accused, and dictate the procedural steps in all criminal proceedings before Turkish judicial authorities. Foreigners involved in criminal case should pay particular attention to these statutes, as they underpin all stages of the criminal justice process in Turkey.

Statute of Limitations for Criminal Case in Turkey

There are two types of statutes of limitations in the Turkish criminal justice system:

1. Prosecution Statute of Limitations: This period begins with the commission of the crime and continues until the judgment becomes final. The criminal case in Turkey must be concluded and finalized within this period, or else the case must be dismissed. For example, the general minimum statute of limitations for prosecution under Article 66 of the Turkish Penal Code (Law No. 5237) is eight years; if the criminal case in Turkey is not completed in that timeframe, it is dropped.

2. Punishment Statute of Limitations: This begins with the finalization of the judgment and relates to executing the punishment itself. If a sentence is not executed within a certain period—at least ten years for certain offenses—enforcement is no longer possible under Turkish law.

Claims for Material and Moral Compensation during a Criminal Case in Turkey

Direct claims for financial or emotional damages cannot be made within the framework of a criminal case in Turkey. The main objective of a criminal trial is to resolve whether a criminal act occurred, who committed it, and what the appropriate penalty is, according to the indictment’s boundaries. Compensation for damages must be pursued in a separate civil action either during or after the criminal case in Turkey has ended.

Appeal Periods for Criminal Verdicts in Turkish Courts

The appeal period for criminal case verdicts in Turkey—whether by objection or regular appeal—is two weeks from the date that the reasoned decision is officially communicated to the parties. Even if the verdict is announced in court, the appeal or objection window only starts when the written reasoning is delivered to the defendant or their lawyer.

How to File an Appeal Petition in Turkish Criminal Cases

An objection or appeal is submitted by filing a written petition to the court that rendered the judgment, or by stating it before the court clerk, where it is officially recorded and signed by the judge or presiding authority. The appeal petition must set out the legal grounds and arguments for why the verdict is considered unlawful under Turkish law.