Antalya Criminal Defence Lawyer

Being drawn into a criminal investigation in a foreign country is one of the most stressful situations a resident or visitor can face. Within hours, decisions have to be made about what to say in a statement, how to respond to custody or detention, whether a travel ban applies, and, for victims, how and when to file a complaint or challenge a prosecutor’s decision. These early steps often shape the outcome of the whole file.

Ozturk Law Office acts in criminal investigations and trials across Antalya from our office in Muratpaşa, both as defence counsel for suspects and accused persons and as counsel for victims, in English and Turkish. This page explains the main rules of Turkish criminal procedure, with each statement linked to the official text of the Code of Criminal Procedure and the Turkish Penal Code. It is general information, not advice on a particular case.

Defence Counsel and Victim’s Counsel

Foreign Nationals in Criminal Proceedings

Antalya receives millions of visitors every year and is home to a large foreign community, so many criminal files involve people who do not speak Turkish or whose family is abroad. Turkish law contains several rules that matter particularly to them:

In files involving foreign clients, we check in particular whether statements were taken with an interpreter, whether the client understood the rights read to them, and whether family and consulate were informed.

How Criminal Proceedings Work

Turkish criminal proceedings have two main phases. The investigation runs from the moment a suspected offence becomes known until the indictment is accepted; the prosecution runs from the acceptance of the indictment until the judgment becomes final (Criminal Procedure Code art. 2).

1. Investigation: when the prosecutor learns of a suspected offence by complaint, report or otherwise, an investigation begins; evidence is gathered and statements are taken.
2. Prosecutor’s decision: if the evidence gives sufficient suspicion that the offence was committed, the prosecutor prepares an indictment (Criminal Procedure Code art. 170); if not, or if prosecution is not possible, the prosecutor decides not to prosecute (Criminal Procedure Code art. 172).
3. Review of the indictment: the court may return an indictment that does not meet the legal requirements within the statutory period (Criminal Procedure Code art. 174). Once it is accepted, the public prosecution has begun (Criminal Procedure Code art. 175).
4. Trial: the identity of the accused is established, the charges and evidence are explained, the accused is reminded of the right to remain silent and, if they agree, is questioned (Criminal Procedure Code art. 191).
5. Judgment: the court acquits, finds that no penalty should be imposed, convicts, imposes a security measure, or rejects or dismisses the case (Criminal Procedure Code art. 223).
6. Appeals: first-instance judgments can be appealed to the regional court (istinaf) (Criminal Procedure Code art. 272), and in the cases set out in the law, regional court decisions can be appealed on points of law to the Court of Cassation (temyiz) (Criminal Procedure Code art. 286).

Read our step-by-step guide to criminal procedure ›

Rights of Suspects and Accused Persons

Unlawful Evidence and Freely Given Statements

An offence may be proven by any evidence lawfully obtained, and the judge may base the judgment only on evidence presented and discussed at the hearing (Criminal Procedure Code art. 217). A request to present evidence is rejected if the evidence was obtained unlawfully (Criminal Procedure Code art. 206).

A suspect’s or accused’s statement must be based on their free will. Ill-treatment, torture, administering drugs, exhaustion, deception, force or threats are prohibited, and no unlawful advantage may be promised; statements obtained by prohibited methods cannot be used even with consent. Importantly, a statement taken by the police without a lawyer present cannot be used as the basis of a judgment unless the suspect or accused confirms it before a judge or court (Criminal Procedure Code art. 148). For someone detained in a country whose language and system they do not know, legal assistance at the first statement is therefore especially important.

Search and Seizure

Where there is reasonable suspicion that a suspect can be caught or evidence obtained, the suspect’s person, belongings, home, workplace and other places belonging to them may be searched (Criminal Procedure Code art. 116). Other people’s premises may only be searched where facts support the conclusion that the person or evidence sought is there (Criminal Procedure Code art. 117).

As a rule the police search on the basis of a judge’s decision; where delay would be harmful, on the written order of the prosecutor, and where the prosecutor cannot be reached, of the senior police officer. A home, workplace or non-public closed place, however, may only be searched on a judge’s decision or, where delay would be harmful, on the prosecutor’s written order. The order must state the act, the person or place to be searched and how long it is valid; where a home or workplace is searched without the prosecutor present, two members of the local council or two neighbours must be present (Criminal Procedure Code art. 119).

A seizure made without a judge’s decision must be submitted to the judge for approval within twenty-four hours; the judge must decide within forty-eight hours of the seizure, otherwise it lapses automatically. A person whose property has been seized may ask the judge for a decision at any time (Criminal Procedure Code art. 127).

Custody, Detention and Judicial Control

Decisions of judges can be challenged by objection (Criminal Procedure Code art. 267). Unless otherwise provided, the objection must be filed within two weeks of learning of the decision (Criminal Procedure Code art. 268). Because these periods are short, detention or judicial control orders should be reviewed without delay.

For Victims of Crime

Mediation, Prepayment and Other Alternatives

Repaying the Loss in Property Offences

In offences such as theft, damage to property, breach of trust and fraud, compensating the victim can significantly reduce the sentence. If, after the offence but before the prosecution begins, the offender, instigator or accessory personally shows remorse and fully compensates the victim by returning the property or paying for the loss, the sentence is reduced by up to two thirds; if this happens after the prosecution begins but before judgment, by up to one half. Partial repayment requires the victim’s consent for the reduction to apply (Penal Code art. 168).

Limitation Periods for Prosecution

Unless the law provides otherwise, the public prosecution lapses after a period set according to the maximum penalty for the offence: eight years for offences punishable by up to five years’ imprisonment or a judicial fine; fifteen years for more than five and less than twenty years; twenty years for at least twenty years; twenty-five years for life imprisonment; and thirty years for aggravated life imprisonment (Penal Code art. 66). The period generally runs from the date of the offence, with special starting points for attempts, continuing and successive offences and certain offences against children; aggravated forms supported by the evidence are taken into account (Penal Code art. 66). Separate rules on suspension and interruption apply, so whether a period has expired is calculated case by case.

Appeals

An appeal (istinaf) against a first-instance judgment is filed within two weeks of service of the reasoned judgment, by petition to the court that gave the judgment or by declaration to the court clerk (Criminal Procedure Code art. 273). An appeal on points of law (temyiz) against a regional court decision is likewise filed within two weeks of service of the reasoned decision (Criminal Procedure Code art. 291). Failing to state the grounds does not prevent review for the accused or the intervening party, but an effective appeal requires a careful analysis of the reasoning.

Compensation for Unlawful Custody or Detention

People subjected to protective measures unlawfully may claim compensation from the State. This includes those arrested or detained outside the conditions set by law, not brought before a judge within the legal custody period, acquitted or not prosecuted after lawful detention, searched disproportionately, or whose property was seized without the legal conditions (Criminal Procedure Code art. 141). The claim must be made within three months of being notified that the decision is final and in any case within one year of finality. It is generally decided by the high criminal court where the claimant lives; for some cases, such as acquittal or a decision not to prosecute, the procedure before the Compensation Commission under Law No. 6384 applies (Criminal Procedure Code art. 142).

Which Court Hears the Case?

High criminal courts hear cases concerning offences punishable by aggravated life imprisonment, life imprisonment or more than ten years’ imprisonment (Law No. 5235 art. 12). Other cases are heard by the criminal courts of first instance (Law No. 5235 art. 11). Jurisdiction depends on the maximum penalty laid down for the offence (Law No. 5235 art. 14). During the investigation, decisions on detention and similar measures are made by the criminal judgeship of peace (Criminal Procedure Code art. 101).

We handle criminal files from all districts of Antalya, including Muratpaşa, Konyaaltı, Kepez, Alanya, Manavgat, Serik (Belek), Kemer and Kaş. Drug-related cases are covered in detail on our drug offences lawyer page. Families abroad can contact us through online consultation.

Common Offences

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