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Criminal Lawyer in Turkey: Expert Defence for Locals and Foreigners

Oct 14, 2024
7 min read

Updated: Oct 10

If you face a police investigation or criminal charges in Turkey, an experienced criminal lawyer in Turkey can make a real difference. The Turkish system has its own rules, its own language and its own procedures. Without help, it is easy to miss a right or a deadline.

Whether you live in Turkey or are only visiting, it is important to know your rights and how the system works. This guide explains what a criminal lawyer in Turkey does and how a defence lawyer protects clients at every stage.

Understanding Turkish criminal law

Turkey's legal system is a civil law system. It is based on written codes, not on case precedent. The main sources are the Turkish Penal Code, which defines offences and penalties, and the Code of Criminal Procedure, which sets out how cases are investigated and tried.

Criminal procedure in Turkey has two main phases. The first is the investigation phase. A public prosecutor leads it, with the help of the police. The second is the prosecution phase, which starts when a court accepts an indictment and the trial begins.

Judges in Turkey take an active part in examining evidence. This makes a clear defence strategy essential. Recent reforms have also put more focus on forensic evidence and expert reports. Local knowledge matters, because practice can differ between courts and regions.

criminal lawyer in Turkey

What does a criminal lawyer do in Turkey?

A criminal defence lawyer in Turkey protects your rights from the first moment of an investigation. In practice, a lawyer will:

  • Attend police questioning. Your lawyer makes sure you understand your rights, including the right to remain silent and the right to have a lawyer present.

  • Review the evidence. Your lawyer reads the case file and looks for weak or unlawful evidence.

  • Speak up for you at hearings. Your lawyer makes legal arguments and questions witnesses.

  • Use experts where needed. Good defence teams call on expert reports, for example on digital or financial evidence.

  • Keep your conversations private. What you tell your lawyer is confidential, so you can speak openly and plan your defence.

Types of criminal cases in Turkey

Criminal lawyers handle a wide variety of cases. They include drug offences, theft, assault and financial crimes. Business growth has brought an increase in white collar crimes such as fraud and embezzlement. Cybercrime cases, such as hacking and online fraud, are also more common.

Some cases involve international law or more than one country. These add extra challenges for the lawyer and the client. They can include extradition requests, evidence held abroad or defendants who do not speak Turkish.

The legal process: from arrest to trial

1. Arrest and police custody

When someone is detained, their lawyer steps in to make sure their rights are respected during questioning. The law limits the time a person can be held in police custody. The limit is normally short, but longer periods can apply to some group offences. A lawyer can check that the limits are respected.

A suspect has the right to a lawyer. If you cannot afford one, the bar association can appoint a lawyer for you in some cases. You also have the right to an interpreter if you do not speak Turkish.

2. The prosecutor and the investigation

The public prosecutor decides whether to bring charges. Your lawyer can submit documents and evidence, and ask for further investigation steps. A good submission at this stage can sometimes end a case before trial.

3. Detention or release

A judge decides whether a suspect is held in pre-trial detention. If the accused is held, the lawyer can ask for release or for alternatives to detention. Examples include a travel ban or a duty to report to a police station.

4. Trial

Trials in Turkey take place over several hearings. Which court hears the case depends on the offence. More serious offences go to the heavy penal courts. Defence lawyers use the hearings to question the evidence and protect their clients.

5. Appeal

A judgment can usually be appealed. Appeals go first to a regional court of appeal and may then go to the Court of Cassation. Strict time limits apply, so your lawyer must act quickly.

Rights of foreign nationals in Turkey

Foreign nationals have the same basic rights in the criminal process as Turkish citizens. These include the right to a fair trial and the right to legal representation. They also include the right to an interpreter.

  • Ask to speak to a lawyer as soon as you are detained.

  • Ask for an interpreter if you do not understand Turkish.

  • Ask to contact your consulate or embassy.

  • Do not sign any statement you do not understand.

British nationals can find help on GOV.UK. The government also publishes a list of lawyers in Turkey. It is a starting point, not a recommendation. Consular staff cannot give legal advice or get you out of prison, but they can support you.

How to choose the right criminal lawyer in Turkey

Choosing the right lawyer is important for your defence. Look for someone who knows the Turkish legal system well and has handled similar cases. Here are some points to check:

  • Registration: a lawyer in Turkey must be registered with a bar association, such as the Istanbul Bar Association. Ask which bar they belong to.

  • Experience: ask about experience with your type of case.

  • Language: many lawyers also work in English, which helps international clients. See our guide to finding the perfect Turkish lawyer.

  • Communication: the lawyer should explain each step, and keep you updated.

  • Fees: ask for the fee terms in writing before you start.

For more background, read what a lawyer is called in Turkey. You may also wonder whether a UK lawyer can practise in Turkey.

Why local knowledge matters in Turkish criminal defence

Knowing the local legal landscape is crucial. Court customs and procedures can influence how a case is handled. A lawyer with local connections can often make the process smoother and more efficient. It is also important for lawyers to keep up with changes in the law.

defense attorney turkey

The role of technology in criminal defence

Technology is an important part of criminal defence in Turkey. Digital evidence, such as emails and phone records, can be a major part of a case. Lawyers must understand both the law and the technology involved. Protecting personal data is also a major concern in cases involving online offences.

Criminal law services we provide

At CANKO Law Firm, we offer criminal defence services to clients facing charges in Turkey. We handle many types of cases, from straightforward charges to more complicated ones. Our services also cover white collar crimes such as fraud, bribery, money laundering and corruption. Whether you face a serious charge or a minor offence, we are here to protect your rights and guide you through the process.

What to bring to your first meeting

A first meeting works best when you arrive prepared. Bring the papers you have, and write down the key events in order. This helps the lawyer assess your criminal proceedings quickly.

  • Your passport or identity card.

  • Any summons, charge sheet or police paperwork.

  • The names and contact details of anyone involved.

  • Messages, emails or documents that relate to the case.

  • A short timeline of what happened and when.

Be honest with your lawyer. They can only protect you properly if they know the full facts.

Fundamental rights in Turkish criminal proceedings

The Turkish Constitution and the Code of Criminal Procedure protect the fundamental rights of the accused. Turkey is also bound by the European Convention on Human Rights. Key rights include:

  • The presumption of innocence.

  • The right to be told the reasons for your arrest.

  • The right to a fair trial before an independent court.

  • The right to question the evidence against you.

  • The right to legal representation at every stage.

A criminal defense lawyer checks that these rights are respected in practice. If they are not, the lawyer can raise the point before the Turkish courts.

Criminal law and property disputes

Some real estate disputes lead to criminal complaints. Examples include alleged fraud in a property sale or a forged document. A property buyer who becomes the target of a complaint needs advice on both the criminal side and the property side. Our guide to a Turkish property lawyer explains the property side.

After a conviction

A conviction is not always the end of the road. After a judgment, options may include an appeal, an objection or an application to change the way a sentence is carried out. Each has its own deadline and rules. Post conviction work needs fast action. Ask your lawyer at once what steps remain open to you.

English speaking support

Many foreign clients need a lawyer who can explain Turkish procedure in English. At CANKO Law Firm, we work with clients in English and Turkish. We explain each stage in plain language, so you can follow your own case.

Frequently asked questions

Do I need a lawyer if I am only a witness?

A witness is not a suspect, but things can change during questioning. It is sensible to ask a lawyer how your statement could affect you.

Can a foreigner be held in custody in Turkey?

Yes. Foreign nationals can be detained and held in custody on the same legal basis as Turkish citizens. They keep their rights to a lawyer and an interpreter.

How long does a criminal case take?

It depends on the offence and the court. A simple case may finish in months. A complex case, with many hearings or expert reports, can take years. Your lawyer can give an estimate for your case.

Can I hire a lawyer from outside Turkey?

Yes. You can sign a power of attorney and appoint a Turkish lawyer remotely. You may need notarised and translated documents.

Get help early

The first hours of a criminal case are often the most important. Statements made early can shape the whole case. If you or a family member needs a criminal lawyer in Turkey, seek advice at once. Early legal help gives you the best chance to protect your rights.

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