A foreign national facing arrest, police custody, or a criminal investigation in Turkey needs a defense that controls the first 24 hours and protects residence and entry status at the same time. Serka Law Firm defends international clients through every stage of a Turkish criminal process while managing the immigration consequences that a criminal file creates. We act in English and in the client’s own language, coordinate with consulates and family abroad, and keep the criminal defense and the deportation risk on one strategy rather than two disconnected files.
What is criminal defense for foreign nationals in Turkey?
Criminal defense for foreign nationals in Turkey is legal representation of a non-citizen suspect or defendant through police custody, prosecution, trial, and appeal under the Turkish Code of Criminal Procedure No. 5271 and the Turkish Penal Code No. 5237. For foreigners, the defense also covers two rights that decide the early outcome: the right to a defense lawyer and the right to a free, competent interpreter at every stage where a statement is taken.
A criminal accusation against a foreigner rarely stays inside the criminal courtroom. A conviction, and sometimes the investigation alone, can trigger a deportation decision and an entry ban under Law No. 6458 on Foreigners and International Protection. Treating the two as one connected matter is the core of competent foreign-national defense. What a criminal lawyer in Turkey for foreign nationals does from the first summons onward is set out on its own page.
What should I do in the first hours after arrest?
In the first hours after arrest in Turkey, say nothing beyond your identity, refuse to sign any statement you have not read in a language you understand, and request a lawyer and an interpreter immediately. Police custody (gözaltı) is time-limited under the Code of Criminal Procedure No. 5271; a statement signed without counsel or accurate translation can shape the entire case against you.
The right to remain silent and the right to counsel apply from the moment of detention. A suspect who does not speak Turkish has a statutory right to an interpreter, and the quality of that translation becomes part of the defense record, not a side detail. Serka attends the statement stage, reviews what has already been recorded, and intervenes before procedural mistakes harden into evidence.
- Ask for the accusation, the authority handling it, and the case number in writing.
- Do not waive the right to a lawyer to “speed things up.”
- Have the embassy or consulate notified; consular notification is a recognized right.
- Preserve passport, residence permit, and travel records for the immigration side of the file.
How does criminal procedure work for foreigners in Turkey?
Criminal procedure in Turkey moves through four stages: police custody, prosecution investigation, trial before the competent criminal court, and appeal. The Code of Criminal Procedure No. 5271 sets the rules for detention, statements, evidence, and review, while the offense itself is defined by the Turkish Penal Code No. 5237 or a related special statute.
- Custody and statement. Police take an initial statement; counsel and an interpreter must be available.
- Prosecution. The public prosecutor investigates, may seek arrest before a criminal judgeship of the peace, and decides whether to file an indictment.
- Trial. The competent criminal court hears evidence; the defendant has the right to attend, to challenge evidence, and to be heard through an interpreter.
- Appeal. A conviction can be carried to the regional court of appeal and, on points of law, to the Court of Cassation.
Can I be detained before trial, and how is release obtained?
Yes. A foreign national can be placed in pre-trial detention (tutukluluk) if a criminal judgeship of the peace finds strong suspicion and a ground such as flight risk or evidence tampering. Detention is not automatic. The defense applies for release or for judicial control measures (adli kontrol) such as a travel ban, reporting obligations, or security, and objects to a detention order before the reviewing court.
For foreigners, flight risk is the prosecution’s usual argument, so the release strategy focuses on Turkish address, employment, family ties, and a credible plan to remain available. Serka files the objection within the statutory period and requests judicial control as a proportionate alternative to detention.
What types of criminal cases does the firm handle for foreign clients?
Serka Law Firm defends foreign nationals across the categories that most often reach international clients in Turkey: economic and financial offenses, customs and import-export matters, immigration-related offenses, traffic and assault cases, narcotics charges, and cases arising from international cooperation requests. Each is handled with the residence and entry-ban consequence assessed from day one.
- Economic and financial crime: fraud, breach of trust, forgery, and money-laundering allegations.
- Customs, smuggling, and import-export offenses affecting traders and investors.
- Narcotics and possession charges, including airport and border cases.
- Assault, threat, and traffic offenses involving foreign residents and visitors.
- Cybercrime and digital-evidence cases, including data and crypto-related allegations.
- Offenses connected to residence, work-permit, or visa status.
A separate situation concerns account holders after P2P exchange: a bank account blocked in Turkey after P2P, where the bank suspends the recipient’s account and the prosecutor decides whether its holder is a witness or a suspect.
What is Interpol Red Notice and extradition defense?
A Red Notice is an Interpol request to locate and provisionally arrest a person pending extradition; it is not a verdict and it is not a Turkish arrest warrant. A foreign national can challenge a Red Notice before the Commission for the Control of Interpol’s Files (CCF) on grounds such as political motivation or due-process violations, and can contest extradition before the Turkish courts that examine the request.
Extradition from Turkey is decided through a judicial process and is refused in defined situations, including where the request is politically motivated or where fundamental-rights guarantees are not met. Serka builds the CCF challenge and the domestic extradition defense as parallel tracks and coordinates with counsel in the requesting state where needed.
How does a criminal case affect my residence permit or trigger deportation?
A criminal investigation or conviction in Turkey can lead to a deportation decision and an entry ban under Law No. 6458 on Foreigners and International Protection, separately from any criminal sentence. The deportation file is administrative, runs on its own deadlines, and must be answered even while the criminal case continues.
This is where a single coordinated strategy matters most. A defense lawyer who handles only the criminal charge may win or settle the criminal case while the client loses residence and faces a years-long entry ban. Serka tracks both files together, files the administrative challenge to a deportation order on time, and aligns the criminal-defense position with the immigration record. For the administrative side, see our work on deportation orders and entry bans and on residence permits and immigration status.
What defense rights do foreign suspects have?
A foreign suspect in Turkey has the right to remain silent, the right to a defense lawyer, the right to a free and competent interpreter, the right to be informed of the accusation, and the right to consular notification. These rights are protected under the Code of Criminal Procedure No. 5271 and the Constitution of the Republic of Turkey, and reinforced by the European Convention on Human Rights, to which Turkey is a party.
A statement taken in breach of these rights, especially without proper interpretation, can be challenged. Preserving and documenting any rights violation early is part of the defense, because it supports later objections and, if domestic remedies are exhausted, an individual application to the Constitutional Court and a later application to the European Court of Human Rights.
Can the case be appealed?
Yes. A criminal conviction in Turkey can be appealed to the regional court of appeal on the facts and the law, and then, on points of law, to the Court of Cassation. After domestic remedies are exhausted, a foreign national may bring an individual application to the Constitutional Court for breach of fundamental rights, and afterward an application to the European Court of Human Rights.
Appeal deadlines are short and start running from notification. Missing an appeal or objection period is one of the most damaging mistakes in a foreign-national file, so the defense calendars every period from the moment a decision is served.
Can a foreign client be represented remotely?
Often, yes. A foreign client outside Turkey can instruct Serka and be represented through a power of attorney, with the lawyer attending hearings and filings on the client’s behalf. Some stages, such as a personal statement or specific hearings, may still require attendance, but much of the criminal and immigration file can be managed without the client being continuously present.
Remote representation requires a properly executed and, where needed, apostilled power of attorney, certified translations of key documents, and a clear communication channel. Serka sets this up at the start so filings are never delayed by missing authority.
What documents and information should I send first?
Send the accusation or charge, the authority and case number, the custody or detention status, any statement already given, and any deadline you have been told. Add passport, residence permit, and a short timeline of events. This is enough to assess whether the urgent step is release, an objection, evidence work, trial defense, appeal, or deportation-risk management.
| Document or detail | Why it controls the file |
|---|---|
| Charge, authority, case number | Identifies the offense, stage, and reviewing court |
| Custody or detention decision | Sets objection and release deadlines |
| Statement record and translation notes | Shows what was said and whether interpretation was adequate |
| Passport and residence permit | Drives the deportation and entry-ban assessment |
| Any served decision or notice | Starts appeal and administrative-challenge clocks |
What happens before the firm takes the file?
The work a defense involves depends on the offense, the stage, the detention status, and whether a parallel deportation file is open, and it is named in the engagement agreement, which under Turkish law sets the service and the fee (Article 163 of Attorneyship Law no. 1136); the fee cannot fall below the minimum-fee tariff of the Union of Turkish Bar Associations (Articles 164 and 168).
The engagement, and the attorney-client relationship, begins only on a signed engagement agreement.
How Serka Law Firm runs a foreign-national criminal file
Serka works in four moves. We stabilize the custody stage and stop avoidable statements; we map the offense, stage, deadlines, and deportation exposure together; we act by filing objections, release or judicial-control requests, evidence challenges, and the administrative immigration response on their own clocks; and we carry the matter through trial, appeal, and, where fundamental rights were breached, Constitutional Court and European Court of Human Rights remedies.
Frequently asked questions
Will I be deported if I am convicted?
A conviction can lead to a deportation decision and entry ban under Law No. 6458, but deportation is a separate administrative process with its own challenge. The outcome depends on the offense, the sentence, and the immigration defense filed alongside the criminal case.
I do not speak Turkish. Can I be questioned without an interpreter?
No. You have a right to a free, competent interpreter when a statement is taken. A statement recorded without adequate interpretation can be challenged, so the translation record is part of the defense, not a formality.
Can I leave Turkey while my case is pending?
Not freely. The court may impose a travel ban as a judicial-control measure, and leaving without permission can be treated as flight and damage the case. Travel must be addressed through the court, not assumed.
I received a Red Notice. Am I already convicted?
No. A Red Notice is a location-and-arrest request, not a judgment. It can be challenged before Interpol’s Commission for the Control of Files, and any extradition is decided separately by the courts.
How fast must I act after a decision is served?
Immediately. Objection and appeal periods in criminal procedure are short and start from the date of service. Send the served decision the day you receive it so the deadline is not lost.
Which offenses can Turkey try? The jurisdiction rules
Before a defense is built, one question is settled: does Turkish criminal law reach the offense at all? The Turkish Penal Code No. 5237 answers it, and what follows states what its articles say.
- Article 8: committed in Turkey. Turkish law applies to offenses committed in Turkey, and an offense counts as committed in Turkey where the act is carried out there wholly or partly, or where the result occurs there. The same follows for offenses committed in Turkish land and air space and territorial waters; on the high seas and the air space above them, aboard or by means of Turkish sea and air craft; aboard or by means of Turkish naval and military craft; and on or against fixed platforms established on Turkey’s continental shelf or in its exclusive economic zone. Article 9 adds that a person judged abroad for an offense committed in Turkey is tried again in Turkey.
- Article 11: a Turkish citizen offending abroad. Where a Turkish citizen commits abroad an offense carrying a minimum of not less than one year’s imprisonment under Turkish law, outside the Article 13 list, he is punished under Turkish law if he is present in Turkey, no judgment has been given abroad, and prosecution is possible in Turkey. Below that one-year minimum, proceedings depend on a complaint by the injured party or the foreign government, made within six months of his entry into Turkey.
- Article 12: a foreign national offending abroad. Where a foreign national commits abroad, to Turkey’s detriment, an offense carrying a minimum of at least one year under Turkish law and outside the Article 13 list, he is punished under Turkish law if he is present in Turkey, and the proceedings depend on the request of the Minister of Justice. Where the offense was committed to the detriment of a Turkish citizen or of a private-law legal person established under Turkish law and the offender is in Turkey, the injured party’s complaint is what opens the proceedings, provided no judgment was given abroad. Where the victim is a foreign national, the Minister’s request is required, the Turkish-law minimum must be not less than three years, and extradition must be absent or refused.
- Article 13: offenses reached wherever they are committed. Turkish law applies to a listed group of offenses committed abroad by a citizen or a foreign national, among them torture (arts. 94, 95), intentional pollution of the environment (art. 181), manufacture and trafficking of narcotic or stimulant substances (art. 188), counterfeiting currency (art. 197), forgery of seals (art. 202), and the hijacking or seizure of sea, rail or air transport vehicles (art. 223(2) and (3)). Proceedings depend on the request of the Minister of Justice, except for the offenses in Book Two, Part Four, Chapters Three to Seven.
Source: Turkish Penal Code No. 5237, adopted 26 September 2004, Official Gazette 12 October 2004 No. 25611, articles 8, 9, 11, 12 and 13, in the consolidated text at mevzuat.gov.tr. Which article governs a particular file is a question of the facts and the documents.
Custody, a summons or a Red Notice: write first
Send us the accusation, the authority and case number, the custody status, any statement already given, and any deadline; the criminal defense and the immigration consequences are run as one file, because a conviction can open a deportation file. WhatsApp +90 530 127 59 35 and e-mail at info@serkalaw.com reach the firm directly.
Related practice areas: deportation orders and entry bans, residence and immigration, family and divorce matters, and employment and work-permit law.
Where a criminal matter has already produced a removal decision, the appeal against that decision runs on its own short timetable, set out in how to appeal a deportation decision.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship, which is formed only by a signed engagement agreement with Serka Law Firm. Criminal procedure is fact-specific and time-sensitive; obtain advice on your own situation before acting.