Türkiye hosts millions of foreigners from different countries. Students, tourists, employees, and investors take part in daily life. However, from time to time, foreign nationals may also face criminal accusations.
When a crime is committed in Turkey, foreigners are subject to the provisions of the Turkish Penal Code (TPC) just like Turkish citizens. So, how does the process work when a foreigner commits a crime? How are detention periods, arrest, and trial procedures applied?
Every crime committed in Turkey is subject to Turkish law, regardless of the perpetrator’s nationality.
This means that if a foreigner commits a crime within Turkish borders, they will be tried in the same way as a Turkish citizen.
Example: If a tourist commits theft in Turkey, the provisions of the Turkish Penal Code regarding theft are applied. Nationality does not change the legal assessment of the crime.
The detention process for foreigners is the same as for Turkish citizens. According to Criminal Procedure Code (CMK) Article 91:
General rule: Detention period is 24 hours.
For collective crimes: Up to 48 hours.
In exceptional cases (e.g., mass incidents): With the prosecutor’s order, detention can last up to 4 days (96 hours).
Any extension of the detention period must be made in writing with justification and notified to the suspect.
After detention, a foreigner may either be released or brought before a judge.
An arrest decision can only be given by a judge.
If there is a risk of escape, risk of destroying evidence, or strong suspicion of a serious crime, arrest may be applied.
The duration of arrest depends on the nature of the offense.
In practice, since foreigners are often considered to have a higher “risk of flight,” arrest measures are applied more frequently.
Foreigners also enjoy the right to a fair trial.
If the foreign national does not know Turkish, the court provides a free interpreter.
If they cannot afford a lawyer, the state appoints one free of charge.
They have the right to meet with their lawyer without restrictions.
When a foreigner is detained or arrested in Turkey, the situation is notified to the consulate of the country of which they are a citizen.
This is both a requirement of international law and ensures that the foreigner can receive legal and humanitarian support from their own country.
As a result of the trial, foreigners are punished just like Turkish citizens:
They may face imprisonment, judicial fines, or other penalties.
After serving their sentence, an additional deportation decision may be issued. This decision is given by the Directorate General of Migration Management.
Foreigners are subject to the same enforcement rules in prisons as Turkish citizens.
They have the right to meet with their consulates.
International treaties grant them certain humanitarian rights.
After serving their sentence, they are generally deported.
1. Are foreigners tried in the same way as Turkish citizens if they commit a crime in Turkey?
Yes. Every crime committed in Turkey is evaluated under the Turkish Penal Code, regardless of nationality.
2. What rights do foreigners have during detention and arrest?
Right to an interpreter,
Right to meet with a lawyer (including free legal aid if they cannot afford one),
Right to have their consulate informed.
3. Is an interpreter provided during the trial?
Yes. A free interpreter is provided for foreigners who do not speak Turkish.
4. Are foreigners deported after serving their sentence in Turkey?
Yes, in some cases, especially for serious crimes. However, deportation is not automatic; the decision is made by the Directorate General of Migration Management.
5. Can the consulate intervene directly in the case?
The consulate generally provides support and informs the family but cannot directly intervene in the court case.
6. Can a foreigner be extradited to another country?
Yes, depending on the nature of the crime and Turkey’s agreements with other countries. Extradition procedures are carried out in accordance with international law and require the approval of the Ministry of Justice.
7. Do foreigners have a special status in prison?
No. They are subject to the same rules as Turkish citizens. However, they benefit from consular visits and humanitarian rights under international conventions.
1. How can we learn where our relative is detained?
The detention is immediately reported to the prosecutor’s office and the relevant consulate. Families can obtain information through the consulate or the lawyer.
2. Can family members visit someone under detention?
No. During detention, family visits are not allowed. However, once arrested and placed in prison, visitation rights are granted.
3. Do families need to provide an interpreter for their relative?
No. The state provides a free interpreter during detention and trial.
4. Can the family provide financial support or bail?
Yes, in cases where the judge decides on judicial control or bail, families can provide financial support. The decision, however, rests entirely with the judge.
5. How safe are prisons for our detained relative?
Foreigners stay under the same conditions as Turkish citizens. Consulates regularly monitor their situation. Families can also send letters or money through official channels.
6. How long does the trial process take?
It depends on the nature of the crime and the court’s workload. Some cases may end in a few months, while serious crimes may take years.
7. Will our relative remain in Turkey after serving the sentence?
Generally, foreigners convicted of serious crimes are deported after serving their sentence. The final decision is made by the Directorate General of Migration Management.
8. How is the health condition of our relative monitored in prison?
Prisons have infirmaries, and if necessary, prisoners are referred to state hospitals. Families can obtain information through consulates or lawyers.
9. Are there special arrangements for foreigners with children?
Yes. The best interest of the child is considered. If a foreigner with young children is detained, the family or social services may step in to protect the child.
10. How can families abroad follow the process?
They can follow through their consulate in their home country or by hiring a lawyer in Turkey.
When foreigners commit crimes in Turkey, the legal process works without discrimination of nationality. However, additional considerations such as detention periods, arrest decisions, interpreter rights, consular notification, and deportation are particularly important for foreigners.
Therefore, it is crucial for foreigners and their families in Turkey to know their legal rights and to seek the assistance of a professional lawyer if faced with a criminal case.
