Turkish Criminal Proceedings: How to Defend Yourself from Germany | Doğru Kanzlei

Imagine arriving at Istanbul airport after years away. You are visiting family, attending to an inheritance matter, maybe just taking a holiday. At passport control, the officer checks your details and pulls you aside. There is an active arrest warrant against you. A criminal case you knew nothing about — because all the summons were sent to a Turkish address you left years ago.

This is not a hypothetical. It happens regularly to members of the Turkish diaspora in Germany, the Netherlands, Austria, and the UK. People who lead normal lives abroad, unaware that criminal proceedings are quietly running their course in Turkey — sometimes all the way to a conviction and an arrest warrant.

This guide explains how Turkish criminal procedure works, what your rights are as a suspect or defendant under Turkish law, what an arrest warrant means for travel, how trials in absentia happen, how to pursue a defence from Germany, and what options exist to resolve or close a case without a criminal record.

How Turkish Criminal Procedure Works

Turkish criminal procedure is governed by the Ceza Muhakemesi Kanunu (CMK) — the Code of Criminal Procedure, roughly analogous to Germany's StPO or England's Criminal Procedure Rules. Proceedings have two main phases:

Phase 1: Soruşturma — Investigation

The public prosecutor (Cumhuriyet Savcısı) leads the investigation. During this phase:

The investigation is confidential; your lawyer can access the file.

Phase 2: Kovuşturma — Prosecution / Trial

Once the court admits the indictment, the trial phase begins:

Acting without a lawyer in either phase is a serious risk.

Which Turkish Court Handles What?

For diaspora in Germany, the overwhelming majority of cases land before the Asliye Ceza Mahkemesi: fraud allegations from inheritance disputes, WhatsApp insult complaints, bodily harm, or traffic accident charges.

Your Rights as a Suspect or Defendant

Turkish criminal law guarantees defendants substantial protections — on paper comparable to German and European standards. Understanding these rights matters especially when you are abroad:

Right to Silence (Art. 147(1)(e) CMK)

You are not required to incriminate yourself. Saying "I am exercising my right to silence" is not an admission of guilt — it is a constitutional right (Turkish Constitution, Art. 38). Do not sign any statement document without your lawyer being present.

Right to a Defence Lawyer (Art. 147(1)(c, d) CMK)

You are entitled to consult a lawyer before making any statement. If you cannot afford one, a duty solicitor (zorunlu müdafi) will be appointed. For serious offences, legal representation is mandatory.

Protection Against Coerced Statements (Art. 148 CMK)

Statements obtained through threats, physical pressure, psychological manipulation, or deception are inadmissible and may not be used as evidence. Your lawyer can raise this objection during proceedings.

Access to the Case File

During the trial phase, your lawyer has full access to the case file — all evidence, witness statements, and expert reports can be examined and challenged.

The Arrest Warrant Risk: Yakalama Müzekkeresi

A Yakalama Müzekkeresi (arrest warrant or detention order) is a court-issued instruction authorising Turkish authorities to detain you. It is typically issued when:

For people living in Germany, the practical effect is straightforward and severe: you will be detained the moment you enter Turkey. This applies at airports, land borders, and ports.

Because summons are sent to Turkish addresses — which many diaspora members no longer use — this situation often comes as a complete surprise.

What to Do if You Have an Arrest Warrant

Your Turkish lawyer can apply to the relevant court (usually the Sulh Ceza Hâkimliği) to have the warrant lifted. Options include:

Adli Kontrol (Art. 109 CMK) — Supervisory Conditions: The court replaces the warrant with lighter conditions: address registration, passport deposit, periodic reporting, or a financial bond. This typically allows you to enter Turkey safely for court appearances.

Voluntary Compliance: If your lawyer demonstrates to the court that you will appear voluntarily and engage with proceedings, the court may lift the warrant without imposing heavy conditions.

⚠️ Before any trip to Turkey: Ask a Turkish lawyer to run a UYAP search for active warrants, pending cases, and served summons. This takes a matter of hours and can prevent weeks of pre-trial detention.

In Absentia Proceedings: How You Can Be Convicted Without Knowing

Turkish criminal procedure allows a case to run — and a verdict to be delivered — in the defendant's absence (gıyabi yargılama), provided the summons were legally served.

Here is how it happens for diaspora defendants:

Once an in absentia conviction is final, the window for standard appeal (istinaf) may have passed. Your lawyer will need to assess whether extraordinary remedies remain available — such as challenging the service of summons as defective.

The lesson: Do not assume silence from Turkey means no case exists. A proactive UYAP search is the only reliable way to know.

Common Offences Affecting the Turkish Diaspora

Insult and Threats (TCK Art. 125–126, 106)

The most rapidly growing category. A WhatsApp message sent from Germany, a Facebook post, an argument in a family group chat — any of these can trigger a criminal complaint in Turkey. Turkish courts accept digital evidence; the geographical origin of the communication does not prevent Turkish jurisdiction when the victim is in Turkey.

Fraud (TCK Art. 157–158)

Frequently arising from inheritance disputes, property transactions, and business relationships that span Turkey and Germany. Fraud allegations and civil claims often run in parallel — both need to be managed simultaneously.

Negligent Bodily Harm / Negligent Homicide (TCK Art. 89, 85)

Traffic accidents in Turkey that result in injury or death. If you leave Turkey after an accident without the criminal matter being resolved, proceedings may continue in your absence.

Intentional Bodily Harm (TCK Art. 86)

Family disputes, neighbour conflicts, or physical altercations during Turkey visits. A particular complication: parties often file cross-complaints, creating mirror-image proceedings that must be coordinated strategically.

Inheritance-Linked Criminal Complaints

In Turkish succession disputes, parties sometimes file criminal complaints — fraud, document forgery, breach of trust — as tactical pressure in parallel with the civil case. Managing both tracks simultaneously requires coordinated legal strategy.

Complaint-Based Offences: The 6-Month Deadline

Turkish criminal law distinguishes between offences the prosecutor pursues automatically (offences of public prosecution) and complaint-based offences (şikayete tabi suçlar) that require the victim to file a formal complaint.

Examples of complaint-based offences:

The deadline: The victim must file the complaint within 6 months of learning of the offence and the identity of the offender. After this period, the right to complain expires and the case must be dismissed.

For diaspora members, this runs in two directions:

Resolving the Case: Settlement (Uzlaşma) and Deferred Judgment (HAGB)

Uzlaşma — Restorative Settlement (Art. 253 CMK)

For certain offence categories, Turkish prosecutors are required to attempt a settlement process before filing charges. The process works as follows:

Applicable to: insult, simple bodily harm, negligent bodily harm, certain property offences. Not available for serious offences, armed threats, or sexual offences.

From Germany, your lawyer manages this process on your behalf. You do not need to be present.

HAGB — Deferred Judgment (Art. 231 CMK)

HAGB is perhaps the most practically significant mechanism in Turkish criminal law for diaspora defendants. The structure:

Conditions for HAGB:

Important for German naturalisation applicants: German naturalisation authorities may ask for criminal records from Turkey. How they treat a HAGB entry — which does not appear in the main criminal register — depends on the individual authority and circumstances. Seek legal advice from someone familiar with both systems before submitting a naturalisation application.

Step-by-Step: Handling a Turkish Criminal Case from Germany

Step 1 — UYAP Search

Have a Turkish lawyer run a search on UYAP for any active cases, warrants, or undelivered summons against you. This is the essential first step — it takes hours and establishes the full picture.

Step 2 — Assess the Current Stage

Investigation or trial? What charges? What evidence? Have any deadlines been missed? Your lawyer maps the procedural landscape.

Step 3 — Grant a Power of Attorney

At the Turkish consulate in Germany or at a German notary with apostille. The power of attorney must expressly cover: criminal defence, case file access, arrest warrant applications, and — if applicable — settlement and HAGB procedures.

Step 4 — Statement Strategy

If a statement is required, decide with your lawyer whether to exercise your right to silence, and if a statement is given, what it contains. Statements can be taken through mutual legal assistance at the Turkish consulate or at a German court — you do not need to travel to Turkey.

Step 5 — Assess Resolution Options

Before making any substantive submission: has the statute of limitations run? Is the complaint time-barred? Is uzlaşma available? Is HAGB a realistic outcome? These questions shape the entire defence strategy.

Step 6 — Hearing Representation

Your Turkish lawyer attends hearings in your name. For serious crimes before the Ağır Ceza Mahkemesi, or when the judge explicitly orders your presence, personal attendance may be required. In that case, the arrest warrant situation must be resolved before you travel.

Step 7 — Post-Judgment

Conviction: appeal (istinaf) to the Regional Court of Justice; if unsuccessful, cassation (temyiz) to the Yargıtay. Acquittal or HAGB: obtain written confirmation of the outcome; verify your entry (or non-entry) in the criminal register.

Doğru Kanzlei: Turkish Criminal Defence for Clients in Europe

Doğru Kanzlei holds dual bar membership: Ankara Bar (Reg. No. 47068) and Karlsruhe Bar (§ 207 BRAO). We advise clients in Germany, Austria, Switzerland, the Netherlands, and the UK on Turkish criminal matters — from the initial UYAP check through to post-conviction remedies.

Turkish criminal cases involving diaspora clients require managing two legal systems in parallel: Turkish criminal procedure and, in parallel, German naturalisation and residence law implications. Our clients have not had to travel to Turkey to manage their defence: all process steps — from power of attorney to hearing representation to HAGB negotiation — were handled remotely.

In an initial consultation, we establish the UYAP picture, assess the charge and evidence situation, identify any resolution options, and lay out the immediate steps.

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This article is also available in Turkish:

Türkiye'de Ceza Davası: Almanya'dan Savunma Haklarınız →

This article is also available in German:

Strafverfahren in der Türkei: Ihre Rechte als Betroffener in Deutschland →