A social media post made abroad can lead to criminal proceedings in Turkey — often unnoticed until you travel. This guide covers the offences, the question of jurisdiction and the defence.
- TCK Arts. 299, 301, 216 and TMK Art. 7(2): which offences a post can fall under
- Minister’s permission, jurisdiction, limitation: where the defence comes in
- Check, power of attorney, SEGBİS: what can be done from abroad
Av. Hasan Doğru · Turkish criminal law · Mannheim & Ankara
Legal notice: This article addresses Turkish law exclusively and is for general information only; it does not replace advice in an individual case. Doğru Kanzlei advises under § 207 BRAO exclusively in Turkish law and public international law.
A post sent from a phone in Germany can turn into a criminal investigation in Turkey. What these files have in common: the person often learns of them years later at the airport — long after deleting the post. This article explains which offences under Turkish law a social media post can fall under, when a Turkish court has jurisdiction over something done abroad, and what can be done from outside Turkey. It contains no political assessment; it describes offences and procedure only.
The offences that come up most often
| Offence | Provision | Penalty range | Typical post |
|---|---|---|---|
| Insulting the President | Turkish Criminal Code (TCK) Art. 299 | 1–4 years; increased by one sixth if committed publicly. Prosecution requires the Minister of Justice's permission (Art. 299(3)) | Insulting comment, cartoon |
| Inciting hatred and hostility / degrading a group | TCK Art. 216 | 1–3 years (para. 1); 6 months–1 year (paras. 2, 3) | Comment targeting an ethnic or religious group |
| Degrading the Turkish nation, the State and its institutions | TCK Art. 301 | 6 months–2 years. Investigation requires the Minister of Justice's permission (Art. 301(4)) | Harsh statements about state institutions |
| Propaganda for a terrorist organisation | Anti-Terror Law (TMK) Art. 7(2) | 1–5 years; increased by half if committed through press and broadcasting | Sharing an organisation's symbols, slogans or content |
| Publicly spreading misleading information | TCK Art. 217/A | 1–3 years | A post classed as "disinformation" |
| Insulting a person | TCK Art. 125 | 3 months–2 years or a fine; increased by one sixth if committed publicly | Comment aimed at a specific person; as a rule only on complaint |
Does a Turkish court have jurisdiction over a post made abroad?
Under TCK Art. 8 an offence is deemed committed in Turkey if the act was carried out there in whole or in part, or if its result occurred there. In the practice of the Court of Cassation (Yargıtay), for offences committed online it is often accepted that the result occurs in Turkey where the content can be accessed from Turkey. On that view, a post made in Germany counts as an offence committed in Turkey, and the conditions for offences committed abroad under TCK Arts. 11–12 do not apply. This point can be challenged in the defence, but in practice jurisdiction is usually accepted.
Two offences differ on the Minister's permission: for TCK Art. 299 the permission is needed to prosecute, for TCK Art. 301 it is needed even to investigate. If permission is refused under Art. 299, the file ends at the prosecutor's office; under Art. 301 there can be no investigation without it. Which stage the file has reached can be seen on UYAP.
How a file is opened — and how you find out
Most cases start with a complaint — often a screenshot from someone the person knows — or with police monitoring of social media. The prosecutor can ask the platform or the telecoms authority BTK for account-holder details; accounts linked to a Turkish phone number or e-mail address can be traced to a person. An account created abroad makes identification harder but not impossible; the profile, name and photo visible in a screenshot are relied on in many files.
During the investigation the file is generally not visible on e-Devlet; a lawyer has to check with the prosecutor's office. A summons to give a statement is sent to the last known address in Turkey; if it is not answered, an arrest warrant may be issued. More on this: Is there a case against me in Turkey? and Will I be arrested when I enter Turkey?
The main lines of defence
Closing the account or deleting the post does not close the file; the prosecutor usually already has the screenshot and the platform's reply. Deleting it can at most be taken into account in the suspect's favour.
⚠️ Important: If there is an arrest warrant, it will show up at the border — even if you deleted the post long ago. Do not travel to Turkey until the status of the file is clear.
Step by step from abroad
Whether the same post is also an offence in the country where you live is a question of that country's law and is outside the scope of this article.
How we help
Avukat Hasan Doğru is admitted to the Ankara Bar and registered with the Karlsruhe Bar under § 207 BRAO. In cases arising from social media posts he carries out the check, prepares the defence, and handles the proceedings — statement, objection, lifting the warrant — under a power of attorney, without you travelling.
Describe your case on WhatsApp →
Related pages
This article is also available in Turkish and German: Sosyal Medya Paylaşımı Yüzünden Türkiye'de Dosya · Social-Media-Beitrag aus Deutschland, Strafverfahren in der Türkei
Legal notice: This article is for general information, does not replace advice in an individual case and contains no political assessment. Avukat Hasan Doğru advises and represents exclusively in Turkish law and public international law (§ 207 BRAO).
Done-for-you defence
We clarify your file and conduct the defence — from abroad
Use the short WhatsApp intake form to describe what happened. Hasan Doğru checks the file, prepares the defence and handles the statement, objection and application to lift any warrant under a power of attorney.
What we handle
- Checking the file, allegation, stage and any arrest warrant
- Defence on identity, content and procedure
- Questioning via SEGBİS or istinabe and lifting a warrant
Av. Hasan Doğru · Turkish criminal law · Mannheim & Ankara
