Arrested in Turkey as a Foreigner (2026): Your Rights in Police Custody, Detention and Trial

What Happens When a Foreigner Is Arrested in Turkey?

Turkish criminal procedure follows a sequence of stages. Knowing where you are in this sequence tells you what can happen next and which rights apply.

Stage	Who decides	What happens
Arrest (yakalama)	Police or gendarmerie	You are apprehended and informed of your rights
Police custody (gözaltı)	Public prosecutor	You are held while the investigation continues; statement may be taken
Prosecutor's decision	Public prosecutor	Release, or referral to the criminal judgeship of peace with a request for detention or judicial control
Hearing before the judge	Criminal judgeship of peace (sulh ceza hâkimliği)	Detention, judicial control (such as a travel ban) or release
Investigation continues	Public prosecutor	Evidence is gathered; the case is closed or an indictment is filed
Trial	Criminal court of first instance or heavy criminal court	Hearings, judgment, and possible appeals

How Long Can the Police Hold You in Turkey?

Under Article 91 of the Code of Criminal Procedure (Law No. 5271), police custody may not exceed 24 hours from the moment of arrest, excluding the time needed to take you to the nearest judge, which itself may not exceed 12 hours. Custody requires that it be necessary for the investigation and that there be concrete evidence suggesting you committed an offence.

Situation	Maximum police custody
Individual offence	24 hours, plus up to 12 hours to reach the judge
Offences committed collectively	Extension by written order of the prosecutor, one day at a time, for up to three days

At the end of custody you must either be released or brought before a judge. Holding someone beyond these limits is unlawful, and a lawyer can challenge the custody order before the criminal judgeship of peace.

Your Rights in Police Custody in Turkey

Article 147 of the Code of Criminal Procedure lists the rules that must be followed when a suspect's statement is taken. As a foreigner arrested in Turkey, you have the right:

• to be told what offence you are accused of,

• to choose a lawyer, and to have the lawyer present during your statement; if you cannot choose one, a lawyer is appointed by the bar association,

• to have a relative or a person you choose informed of your arrest,

• to remain silent about the accusation,

• to request that evidence in your favour be collected,

• to have your consulate informed, and to an interpreter free of charge.

Right to Have Your Consulate Informed

Article 95 of the Code of Criminal Procedure requires the authorities to inform a relative or a person you designate without delay. For foreigners, paragraph 2 adds that the consulate of your country is notified of your arrest or custody unless you object in writing. This reflects Article 36 of the Vienna Convention on Consular Relations.

Code of Criminal Procedure Article 95: if the arrested person is a foreigner, their consulate is notified unless they object in writing (Source: mevzuat.gov.tr)

Your consulate cannot act as your lawyer or get you released, but it can check on your welfare, provide lists of local lawyers, and contact your family.

Right to a Lawyer

You may have one or more lawyers at every stage of the investigation and trial. If you cannot choose a lawyer and want one, the bar association appoints one (Art. 150/1). For offences punishable by a minimum of more than five years' imprisonment, and for children and persons unable to defend themselves, a lawyer is appointed even without a request (Art. 150/2-3). A lawyer you choose yourself, ideally one who speaks your language, can be instructed at any time, even after a bar-appointed lawyer has attended the first statement.

Right to an Interpreter Free of Charge

If you do not speak Turkish well enough to express yourself, an interpreter appointed by the judge or prosecutor translates the essential points during the investigation and at trial (Art. 202). The cost of the interpreter is not charged to you: it is borne by the State and is not counted as a trial expense (Art. 324/5). At trial, you may also make your oral defence in a language you express yourself better in, with an interpreter you choose from the official list; in that case the State does not pay for that interpreter (Art. 202/4).

Right to Remain Silent

You must answer questions about your identity truthfully, but you have the legal right not to make any statement about the accusation (Art. 147/1-e). Remaining silent cannot be used against you as an admission.

Why You Should Not Give a Statement Without a Lawyer

Article 148 prohibits ill-treatment, deception, threats and promises of unlawful advantages during questioning. Statements obtained by prohibited methods cannot be used as evidence even with consent. Most importantly for foreigners, a statement taken by the police without a lawyer present cannot be the basis of a judgment unless you confirm it before a judge or court (Art. 148/4).

Code of Criminal Procedure Article 148/4: a police statement taken without a lawyer cannot be the basis of a judgment unless confirmed before a judge (Source: mevzuat.gov.tr)

Detention or Release: The Criminal Judgeship of Peace

If the prosecutor does not release you, you are brought before the criminal judgeship of peace. The judge hears you, in the presence of your lawyer, and decides on the prosecutor's request.

Grounds for Detention and the Flight-Risk Argument

Detention (tutuklama) requires concrete evidence of strong suspicion and a ground for detention, and it must be proportionate to the importance of the case and the expected sentence (Art. 100/1). The main grounds are concrete facts suggesting that the suspect will flee or hide, or will destroy evidence or pressure witnesses (Art. 100/2). For certain serious offences listed in the law, a ground for detention may be presumed (Art. 100/3).

Prosecutors often argue that a foreigner with no ties to Turkey is a flight risk. A good defence answers this with concrete facts: a registered address in Turkey, a residence permit, employment, family, property, or the willingness to accept a travel ban instead. The decision must state, with reference to concrete facts, why judicial control would be insufficient (Art. 101/2).

Judicial Control Instead of Detention: Travel Bans and Bail

Instead of detention, the judge can impose judicial control under Article 109. For foreigners, these measures are the most common outcome of a first hearing:

Judicial control measure	What it means for a foreigner
Ban on leaving the country (yurt dışına çıkamamak)	You cannot leave Turkey until the measure is lifted; border police will stop you
Regular reporting	Signing in at a police station on set days
Security deposit (bail)	A sum set by the judge, paid in one or several instalments
Ban on using vehicles, surrender of driving licence	Common in traffic-related offences
Treatment obligations	For example for drug or alcohol dependency

A travel ban can keep a foreigner in Turkey for the whole length of the proceedings, sometimes for many months. Lawyers regularly apply for it to be lifted or replaced by other measures once the evidence has been collected.

How Long Can Pre-Trial Detention Last in Turkey?

Type of case	Maximum detention (Art. 102)
Cases outside the jurisdiction of the heavy criminal court	One year, extendable by six months
Heavy criminal court cases	Two years, extendable up to three more years (five years for certain state-security and terrorism offences)
Investigation stage only, lighter cases	Six months
Investigation stage only, heavy criminal court cases	One year (longer for certain offences and collectively committed crimes)

These are maximum limits, not targets. Detention must be reviewed regularly, and you can request release at any stage of the investigation or trial (Art. 104).

Challenging Detention and Travel Bans: The Two-Week Objection Period

Decisions of the criminal judgeship of peace, including detention and judicial control orders, can be challenged by objection (itiraz). Under Article 268 of the Code of Criminal Procedure, unless the law provides otherwise, an objection must be filed within two weeks of learning of the decision. Many English-language sources still mention the old seven-day period.

Code of Criminal Procedure Article 268: objections must be filed within two weeks of learning of the decision (Source: mevzuat.gov.tr)

The objection is examined by the next criminal judgeship of peace in the same courthouse. Separately, a detained person can ask for release at any time (Art. 104), and a lawyer can apply for judicial control measures such as a travel ban to be lifted.

What Happens Next: Indictment, Trial and Appeals

If the prosecutor finds sufficient suspicion, an indictment is filed before the criminal court of first instance or the heavy criminal court, depending on the offence. At trial, the court hears you, the witnesses and experts; you are presumed innocent until proven guilty (see presumption of innocence). Judgments can be appealed to the regional court of appeal and then to the Court of Cassation; deadlines are short, and our appeal deadline calculator helps you check them.

Deferment of the Announcement of the Verdict (HAGB)

For sentences of two years or less, the court can defer the announcement of the verdict (HAGB) if the defendant has no prior conviction for an intentional offence, the court believes they will not reoffend, and any damage has been compensated. If the defendant commits no new intentional offence during the supervision period, the case is dismissed. For foreigners, this can be a significant outcome, but the supervision period and its consequences should be discussed with your lawyer before you accept it.

Mediation for Certain Offences

Some offences, typically minor ones where the victim's complaint matters, go through mediation (uzlaştırma). If the parties reach agreement and it is fulfilled, the case can end without a prosecution.

Common Criminal Cases Involving Foreigners in Turkey

Type of case	Typical situation
Drug offences	Possession at airports or in nightlife venues; trafficking charges for larger quantities
Bank account and payment fraud	Lending or renting a bank account, or receiving funds from fraud victims, often through crypto P2P trades
Cultural property	Trying to take antique coins, stones or artefacts out of Turkey without permission
Forged documents	Forged passports, visas or residence documents
Assault and threats	Disputes in bars, traffic or with neighbours
Cybercrime	Online fraud, unauthorised access or data offences

If your bank account in Turkey has been frozen in connection with a fraud investigation, see our guides on bank accounts frozen in Turkey and on crypto P2P trades and frozen accounts.

Deportation and Entry Bans After a Criminal Case

A criminal investigation or conviction can also lead to an administrative deportation decision and an entry ban under the Law on Foreigners and International Protection (Law No. 6458). This is a separate procedure with its own, very short, time limits for applying to the administrative court. Even if the criminal case ends well, the immigration consequences must be handled separately and quickly.

Leaving Turkey During a Criminal Case

Unless a travel ban has been imposed, a foreigner is generally free to leave Turkey during an investigation or trial. But leaving can affect the case: summonses and judgments may be served at your registered address, hearings continue, and a warrant can be issued if you fail to appear when required. Some statements can be taken abroad through judicial assistance or by video link, depending on the court. Discuss any travel plans with your lawyer first.

Serving a Sentence and Transfer to Your Home Country

If a prison sentence is imposed, conditional release (parole) rules determine how much of it must be served; our conditional release calculator gives a first estimate. Turkey is a party to the Council of Europe Convention on the Transfer of Sentenced Persons and to several bilateral agreements, which may allow a foreign prisoner to serve the rest of a sentence in their home country, subject to the consent of both states and of the prisoner.

Practical Checklist for Family Members

• Find out where the person is held and which prosecutor's office is handling the case.

• Contact your country's embassy or consulate in Turkey.

• Instruct a Turkish criminal lawyer as early as possible, ideally before the statement or the hearing before the judge.

• Collect documents showing ties to Turkey: residence permit, lease, employment, family, property. These matter for the detention decision.

• Note the date of any detention or travel ban decision: the objection period is two weeks.

• Keep copies of all documents and decisions, and have them translated.

Criminal Lawyer in Istanbul and Ankara

A criminal case is in principle heard by the court of the place where the offence was committed (Article 12 of the Code of Criminal Procedure). If a foreign national is detained in Ankara, the statement, the investigation and the trial take place there, and the lawyer attends in that city. A criminal lawyer in Turkey registered with a Turkish bar can act before all prosecutors' offices and courts.

We act as a criminal lawyer in Istanbul and before the prosecutors and courts in Ankara. See our criminal lawyer in Turkey page, and Deportation and Entry Bans in Turkey for immigration consequences of a criminal case.

Conclusion

If you are arrested in Turkey as a foreigner, the law gives you strong rights: a lawyer, a free interpreter, consular notification, the right to remain silent and a 24-hour limit on police custody. The first hours matter most: do not give a statement without a lawyer, do not sign what you do not understand, and prepare concrete evidence of your ties to Turkey for the detention hearing. Detention and travel bans can be challenged within two weeks, and immigration consequences must be handled separately. For criminal defence before Turkish courts, see our criminal lawyer in Istanbul and Ankara page.

Sources

• Code of Criminal Procedure No. 5271 (Arts. 91, 95, 100-104, 109, 147-150, 202, 268, 324)

• Law No. 6458 on Foreigners and International Protection

• Vienna Convention on Consular Relations (1963) (Art. 36)

• Council of Europe Convention on the Transfer of Sentenced Persons (ETS No. 112)