The Penal Code of Turkey specifies the jurisdiction for cases involving foreign nationals, considering factors such as the location of the crime, the residence of the parties, the types of crime, and international agreements to determine the competent court.Formun Üstü

The Legal Process for Foreigners Involved in Criminal Cases

After a foreigner’s arrest, the legal process involves interrogation, a criminal trial, court establishment, and verdict issuance, with the option to appeal. Foreign nationals can secure a criminal lawyer by consulting with a criminal defense law firm for legal assistance.

Understanding Jurisdiction and Extradition in Turkey

In terms of jurisdiction, Turkish courts handle criminal litigation considering factors like the location of the crime and the residence of the parties. Turkey’s extradition process, initiated diplomatically, complies with both domestic laws and international agreements. To proceed with extradition, the alleged crime must be recognized as an offense in both Turkey and the requesting country, adhering to the principle of dual criminality.

The Criminal Cases of Foreigners Who Commit Detrimental Actions Against Turkey 

In the event that an individual of foreign nationality perpetrates a criminal offense beyond the borders of Turkey, and said offense results in harm to the nation of Turkey or its citizens, and should the wrongdoer remain unpunished in the jurisdiction where the crime occurred or if a victim of the crime seeks legal redress, it is stipulated that the pertinent case files shall be forwarded to the Supreme Court for adjudication. Both the victim and the accused have the right to get criminal solicitor.

Political or Military Spying Crime

In accordance with the provisions outlined in the Turkish Penal Code, individuals who acquire information deemed confidential for reasons pertaining to political or military espionage, thereby posing a threat to the nation’s security or both its domestic and foreign political interests, shall incur a penalty of imprisonment ranging from fifteen to twenty years. Additionally, it is imperative to note that such information must be specifically intended for employment in the pursuit of political or military espionage objectives.

Crime of Armed Rebellion Against The Goverment of Türkiye

Engaging in armed rebellion against the government of the Republic of Turkey results in aggravated life imprisonment for the primary offender. Collaborators face imprisonment from 6 to 10 years. In the context of war, committing the crime leads to aggravated life imprisonment. Additional criminal penalties apply for offenses like intentional injury, intentional homicide, or financial damage committed during the rebellion.

Crime of Terrorism

Terrorist offenses, encompassing activities such as affiliation with terrorist organizations, terrorist propaganda, and bombings, pose a direct threat to societal security. The severity of these crimes dictates the corresponding punitive measures, which commonly involve imprisonment, financial penalties, and security-related precautions.

Crimes Covered by Absolute Trial Authorization by Turkey

Crime of Human Trafficking

Human trafficking is explicitly prohibited by the Turkish Penal Code, encompassing actions such as recruiting, kidnapping, transferring, sheltering, or coercing individuals through deception or violence. Perpetrators are subject to 8-12 years of imprisonment and fines. Turkish courts demonstrate a steadfast commitment to addressing and prosecuting such grave offenses.

 Crime of Torture

According to Article 94 of the Turkish Penal Code, torture is defined as physical or mental abuse of individuals that results in physical suffering, impairment of perception or will, or humiliation. Such abuses are considered incompatible with human dignity. The scope of torture includes severe punishments that Turkish courts have jurisdiction over. Officials found guilty of this crime usually face three to twelve years in prison.

Crime of Genocide

Under Article 76 of the Turkish Penal Code, genocide involves the complete destruction of a national, ethnic, racial, or religious group through intentional murder, severe harm to individuals’ physical or mental integrity, and measures to prevent births. Perpetrators face aggravated life imprisonment, while involved individuals receive heavy penalties. Turkish courts have jurisdiction in such cases.

The Authorized Courts for the Crimes Which Committed in Other Countries

Minister of Justice’s Role in Prosecuting Serious Offenses

The Minister of Justice in Turkey oversees the proper functioning of the judiciary, appoints prosecutors, proposes legal reforms, and engages in international legal cooperation. The Minister of Justice in Turkey handles a wide range of crimes, from petty crime to serious ones, including battery crime, financial crime, organized crime, cybercrime, and more. This role emphasizes ensuring effective justice administration, maintaining prosecutorial standards, and addressing transnational legal challenges.

Crimes Handled Directly by the Turkish Government

Turkey exercises comprehensive jurisdiction over international crimes, including the Holocaust, crimes against humanity, and human trafficking, regardless of the location. The Minister of Justice oversees the investigation and prosecution of offenses against Turkish sovereignty, such as torture, environmental pollution, drug-related activities, counterfeiting, violent crime, and prostitution. This underscores Turkey’s commitment to upholding global legal standards and addressing a wide range of transnational criminal activities.

Preconditions Requested by the Supreme Court for Court Proceedings

Instances involving challenges to the decisions of various lower courts are subject to the jurisdiction of the Supreme Court in Turkey. Specifically, cases protesting decisions rendered by the Court of Appeal, the Labor Court, the Civil Court of First Instance, and the administrative courts are directed to the Supreme Court for further review and adjudication.

Jurisdictional Challenges in Foreign Criminal Cases

Foreign criminal cases present challenges that hinge on factors such as the location of the crime, the nationality of the offender, and variations in legal systems. Due to these complexities, the investigation of such cases encounters judicial challenges. Consulting with a criminal defence solicitor becomes crucial, as it enables individuals to understand the rights of the accused in criminal cases and navigate the intricacies of different legal jurisdictions.7

Defending Rights in Criminal Proceedings

Individuals facing criminal charges in Turkey or abroad have the right to request criminal legal aid from criminal defense and civil rights attorney proficient in both criminal law and civil rights. They also retain the right to appeal decisions regarding lawyer dismissals, ensure access to relevant documents, and advocate for timely proceedings, ensuring a fair legal process.
Individuals can formally explore options for criminal attorneys and criminal law firm by using Google and seeking recommendations from relatives.

Criminal Justice Attorney near me and The Role of Serka Law Firm as Criminal Lawyers near me

Finding lawyers for criminal cases in Turkey who are proficient in criminal defense cases requires significant effort, as there are numerous criminal lawyers specializing in criminal cases. Serka Law Firm offers solicitor criminal law and criminal civil rights attorney who is specializing in criminal law and civil rights. Our attorneys are available 24/7 to provide assistance with your legal needs. We are conveniently located to serve as your local criminal solicitors. If you are in search of criminal solicitor near me, you can contact our criminal lawyer Turkey for assistance

FAQ

In circumstances where a foreign national commits a crime outside of Turkey necessitating jurisdiction within the country, two primary types of proceedings apply. Firstly, if the foreigner’s actions abroad lead to an offense that damages Turkey’s reputation and carries a minimum punishment of one year of imprisonment, legal proceedings are initiated. Secondly, regardless of specified legal penalties, certain offenses prompting jurisdiction in Turkey involve cases where the criminal act, committed abroad, causes harm to an individual.

Crimes falling under Turkey’s absolute trial authorization encompass offenses that are deemed of utmost significance and are subject to prosecution regardless of their occurrence within the country. These include, but are not limited to, the Holocaust, crimes against humanity, human trafficking, refugee trafficking, crimes harming Turkey’s reputation, and those falling within the realm of extraterritorial jurisdiction.

In the absence of an extradition agreement between Turkey and another country, the extradition process hinges on factors such as diplomatic negotiations, adherence to the legal frameworks in both nations, consideration of international treaties, and the principle of dual criminality.

In accordance with Article 14 of the Turkish Penal Code, the legal provisions governing jurisdiction for crimes committed in foreign countries are stipulated as follows: In instances where the location of the crime is not evident, the competent court is vested with authority based on the apprehension of the suspect or perpetrator. Alternatively, jurisdiction is conferred upon the nearest court where the suspect or perpetrator was last known to have resided.

In Turkey, criminal cases involving foreign perpetrators who harm the country or its citizens are heard in the Supreme Court. Prerequisites include the crime occurring outside Turkey, the perpetrator lacking Turkish citizenship, and the crime causing harm. The Supreme Court assumes jurisdiction if the perpetrator is not prosecuted elsewhere, or if the victim, irrespective of nationality, requests legal action. Turkey can prosecute and penalize the perpetrator even if the victim is not of Turkish nationality or the crime did not occur within its borders, demonstrating the commitment to addressing offenses against the country or its citizens globally.