What Happens If a Foreigner Commits a Crime in Turkey? | 2025

Globalization and increasing international human mobility make it more common for individuals of different nationalities to become parties to a state’s criminal proceedings. So, what legal processes are foreigners subject to when they commit a crime within the borders of the Republic of Turkey? This article examines the trial process for a foreigner who commits a crime in Turkey, the principles underlying the jurisdiction of Turkish courts, the rights of foreign defendants, and the sanctions they may face upon conviction, in light of current legislation and judicial decisions as of 2025.

On What Basis Do Turkish Courts Have Jurisdiction? (Principles of Territorial Application)

Whether a foreigner can be tried by Turkish courts is determined by the principles governing the territorial scope of criminal law.

1. The Fundamental Principle: Territoriality (Principle of Territoriality – TPC art. 8)

The principle of territoriality means that a state applies its own criminal laws to crimes committed within its sovereign territory, regardless of the nationality of the perpetrator or victim. This is a natural consequence of state sovereignty and the main rule of the Turkish Penal Code (TPC). TPC art. 8/1 clarifies this principle by stating, “Turkish laws shall apply to crimes committed in Turkey.”

• What Does “Crime Committed in Turkey” Mean? The law interprets this concept broadly. A crime is considered committed in Turkey if the act is partially or wholly committed in Turkey, or if the result occurs in Turkey (TPC art. 8/1). For example, if fraud is committed via the internet from abroad against a person in Turkey, the perpetrator can be tried under Turkish law because the result occurred in Turkey.

• What Does “Territory” Encompass? According to TPC art. 8/2, the concept of “territory” includes not only the landmass but also Turkish territorial waters, airspace, Turkish sea and air vessels on the high seas, Turkish warships and aircraft, and fixed platforms established on Turkey’s continental shelf. Crimes committed in these areas are also considered committed in Turkey.

2. The Issue of Double Jeopardy: Absoluteness of Territoriality and Conflict with “Non Bis In Idem” (TPC art. 9)

The Turkish legal system attaches a very strong meaning to the principle of territoriality. TPC art. 9 states, “A person who has been convicted in a foreign country for a crime committed in Turkey shall be retried in Turkey.” This means that even if a foreigner who committed a crime in Turkey has been tried, convicted, and even served their sentence in another country for the same crime, this does not prevent them from being tried again in Turkey.

This situation conflicts with the universal legal principle of “non bis in idem” (prohibition of double jeopardy). The Turkish legislator, prioritizing the state’s sovereignty in punishing crimes committed within its territory, has placed the state’s power to punish above the individual’s right not to be tried twice for the same act.

• Compensation Mechanism: Deduction of Sentence (TPC art. 16): The system offers a solution to prevent double punishment. According to TPC art. 16, time spent in detention, custody, or imprisonment in a foreign country for the same crime is deducted from the sentence to be imposed in Turkey. The Court of Cassation also mandates this deduction in its decisions.

3. Other Principles of Jurisdiction (Exceptional Cases)

For situations where the territoriality principle may be insufficient, the TPC includes exceptional jurisdictional rules based on other principles:

• Personality Principle: Links jurisdiction to the nationality of the offender (Active Personality – TPC art. 10, 11) or the victim (Passive Personality – TPC art. 12). Turkish laws can apply to crimes committed abroad under certain conditions.

• Protective (Reality) Principle (TPC art. 13): Allows Turkish laws to apply to certain crimes committed abroad against the vital interests of the state (e.g., state security), regardless of the perpetrator’s nationality.

• Universality Principle (TPC art. 13): Allows Turkish courts to prosecute certain international crimes (e.g., genocide, torture), regardless of where or by whom they were committed, if the perpetrator is found in Turkey.

Summary Table: Principles of Jurisdiction According to the Turkish Penal Code

Table 1: Principles of Jurisdiction and Conditions of Application

Criminal Procedure for Foreign Defendants

If Turkey has jurisdiction, criminal proceedings begin against the foreign defendant according to the Turkish Code of Criminal Procedure (CMK). During this process, the foreign defendant has the same fundamental rights as Turkish citizens, plus additional guarantees.

Investigation Phase

The investigation phase begins when the public prosecutor learns of a suspicion of crime and continues until the indictment is accepted by the court. The main purpose is to collect all evidence (for and against the suspect), uncover the material truth, and determine if there is sufficient suspicion to file a public lawsuit. Investigation proceedings are generally confidential.

During this process, the foreign suspect, like Turkish citizens, may be subjected to various protective measures based on the nature of the evidence and legal conditions. Measures regulated under the CMK include:

• Arrest (CMK art. 90 et seq.): Temporary deprivation of liberty without a judge’s order in cases of flagrante delicto or where delay is prejudicial.

• Detention (CMK art. 91): Holding the arrested person by order of the public prosecutor for a specific period (usually 24 hours, extendable for collective crimes) at Police or Gendarmerie units to ensure the proper conduct of investigative procedures. Foreign suspects must be informed of their right to consular contact upon detention.

• Pre-trial Detention (Tutuklama) (CMK art. 100 et seq.): The most severe protective measure, applicable only by a judge’s decision when there is strong suspicion supported by concrete evidence and a ground for detention exists (risk of flight, danger of tampering with evidence, etc.). While being a foreigner alone is not sufficient grounds for risk of flight, factors like the lack of a fixed residence in Turkey can strengthen this suspicion. Decisions for pre-trial detention can be appealed.

• Judicial Control (CMK art. 109 et seq.): Release of the person subject to certain obligations instead of pre-trial detention, even if grounds for detention exist. For foreigners, judicial control decisions often include bans on leaving the country, restrictions on going to certain places, or regular signing requirements.

Prosecution Phase

If the prosecutor concludes there is sufficient suspicion, an indictment is prepared, and a public lawsuit is filed in the competent court. The prosecution phase (trial) begins when the court accepts the indictment. Hearings are held, the defendant is questioned, witnesses are heard, and evidence is discussed. The court then renders a verdict (acquittal, conviction, etc.).

Fundamental Rights and Guarantees for Foreign Defendants

Failure to provide these guarantees undermines the fairness of the trial and can lead to the annulment of the verdict.

• Right to a Fair Trial: Guaranteed by Article 36 of the Constitution and Article 6 of the European Convention on Human Rights (ECHR). Includes the right to be tried by an independent and impartial court, within a reasonable time, and publicly. Also includes rights like having adequate time and facilities for defense, presenting evidence, and “equality of arms.”

• Right to an Interpreter (CMK art. 202): If the defendant does not know Turkish, they have the right to free assistance of an interpreter at all stages. This includes translation of essential documents like the indictment. Violation of this right is grounds for annulment. However, the Court of Cassation General Assembly ruled that appointing an interpreter is not mandatory if the defendant knows Turkish well enough to express themselves.

• Right to Counsel (CMK art. 150): The foreign defendant has the right to legal assistance at every stage. If they cannot afford a lawyer, one is appointed free of charge by the bar association. Representation by a lawyer is mandatory for crimes punishable by more than five years of imprisonment.

• Right to Consular Contact: Upon request of a detained or arrested foreigner, the authorities must inform the consulate of their state (Vienna Convention). Authorities must inform the foreigner of this right without delay.

Legal Remedies (Appeals)

Foreign defendants have the same rights as Turkish citizens to appeal court decisions:

• Istinaf (Regional Court of Appeal): Appeals against first-instance court decisions. Reviews both facts and law.

• Temyiz (Court of Cassation): Appeals against certain decisions of the regional court of appeal. Generally reviews only points of law.

  • Exception: Decisions regarding extradition requests are appealed directly to the Court of Cassation.

Trial Outcomes and Sanctions

The decisions rendered at the end of the criminal trial produce both direct criminal sanctions and indirect administrative sanctions for the foreign defendant.

Conviction and Execution of Sentence

If found guilty, the defendant is sentenced to imprisonment or a judicial fine. The situation of a foreigner sentenced to imprisonment is reported to the Ministry of Interior (Directorate General of Migration Management) after the sentence is served or upon parole, for evaluation regarding deportation procedures (TPC art. 59).

Administrative Consequence of Conviction: Deportation

Deportation is not a criminal penalty but an administrative sanction applied under the Law on Foreigners and International Protection No. 6458 (LFIP). The decision is made by the Directorate General of Migration Management or governorates.

Grounds for Deportation (LFIP art. 54)

A deportation order against a foreigner who committed a crime can usually be based on:

• Those deemed necessary to be deported under TPC art. 59 (art. 54/1-a).

• Leaders, members, or supporters of terrorist or profit-oriented criminal organizations (art. 54/1-b).

• Those who pose a threat to public order, public security, or public health (art. 54/1-d).

The concept of “threat to public order” grants broad discretion but requires concrete evidence. The mere existence of a criminal investigation may not be sufficient.

Effect of Deferral of Announcement of Verdict (HAGB) on Deportation

HAGB suspends the legal consequences of a conviction for 5 years. It is not a final conviction in the criminal law sense. However, in practice, administrative authorities can still issue a deportation order based on the nature of the act underlying the HAGB decision, interpreting it as a “threat to public order.” An HAGB decision does not provide absolute protection against deportation, which reduces legal foreseeability for foreigners.

Legal Remedies Against Deportation Orders

Foreigners have effective legal remedies against deportation orders:

• Persons Who Cannot Be Deported (LFIP art. 55): Those who face a serious risk of the death penalty, torture, or inhuman treatment in the destination country cannot be deported (principle of “non-refoulement”).

• Annulment Lawsuit in Administrative Court: An annulment lawsuit can be filed with the administrative court within 7 days of notification. Filing the lawsuit automatically stays the execution of the deportation order until the case is concluded. Decisions of the administrative court on this matter are final (no further appeal).

• Individual Application to the Constitutional Court: Even if the administrative court decision is final, an individual application can be made to the Constitutional Court (AYM). AYM reviews deportation orders particularly concerning:

  • Prohibition of Ill-Treatment (Constitution art. 17): If there is a concrete risk in the destination country, AYM may issue an interim measure to stop the deportation.

  • Right to Respect for Family Life (Constitution art. 20): AYM and ECHR examine whether a fair balance has been struck between protecting public order and the individual’s right to family life (considering crime severity, length of stay, family ties, best interests of the child, etc.).

Conclusion and Evaluation

The trial of a foreigner who commits a crime in Turkey involves a complex process at the intersection of criminal law and administrative law. The Turkish legal system strongly emphasizes its criminal sovereignty based on the principle of territoriality, as reflected in TPC art. 8 and 9, while also granting significant procedural rights and guarantees to foreign defendants during criminal proceedings, in line with the Constitution and international conventions.

The criminal justice process in Turkey, especially for foreigners, is quite complex due to language barriers, procedural differences, and additional risks such as deportation. Therefore, it is crucial for a foreigner facing criminal charges to obtain professional legal assistance from a lawyer specialized in criminal law and foreigners’ law right from the investigation stage to protect their rights and ensure a fair trial process.