Criminal Investigations
in Turkey

01 / The Investigation Stage

Criminal Investigations in Turkey

A request for a statement, a complaint or news of a Turkish case can leave important questions unanswered. What is the allegation? Which authority holds the file? Are you a suspect, a witness or the person reporting an offence? The first legal task is to establish these facts before deciding how to respond.

Legal Istanbul advises on criminal investigations in Turkey and represents clients during the agreed procedures. The work includes reviewing accessible records, preparing for statements, submitting evidence and assessing prosecutor decisions. For clients abroad, it also involves planning lawful participation and checking known orders before travel.

Under the Criminal Procedure Code, known as the CMK, the investigation runs from the authorities learning of a suspected offence until acceptance of an indictment. The public prosecutor directs the investigation. Article 160 requires evidence both for and against the suspect to be gathered and preserved.

A complaint is not a finding of guilt or proof that a warrant exists. Equally, an open file should not be ignored because no hearing has been scheduled. This service focuses on the investigation stage. Our criminal defence service also covers court proceedings and appeals where the matter moves beyond that stage.

02 / Scope Of The Work

How We Assist During an Investigation

The appropriate work depends on the client's role, the available records and any urgent procedure. A limited file review is different from ongoing representation or attendance at a police station.

Before accepting instructions, we check who the client is and whether there is a conflict of interest. A business partner, family member or employer may have a different position in the same events. Paying the fees does not automatically give that person control over the advice or access to confidential information.

The engagement defines the scope, fees and communication arrangements. It should also explain what information could not be verified. No undertaking to investigate a file amounts to a guarantee of closure, release or unrestricted travel.

03 / Establishing The Facts

Understanding a Notice or Report of a Case

Keep the complete notice, its envelope or electronic delivery record and the date it reached you. A forwarded photograph may omit the authority, reverse page or deadline. A case number usually includes a year and a number; it should be matched to the correct office and type of file.

Verify unexpected calls or payment demands through independently obtained official contact details. Do not send money or account passwords simply because a caller mentions a prosecutor or claims a payment will close the file. At the same time, do not dismiss a genuine communication without checking it.

Name spelling, an earlier passport number or a mistaken identity can affect the enquiry. Explain such differences with supporting records. A reliable review links the person, authority and file; a similar name in a screenshot is not enough.

04 / The Available Record

Lawyer Access and UYAP Searches

UYAP is Turkey's judicial information system. Its citizen and lawyer portals have different functions and access conditions. The information displayed depends on the user's authority and the type and stage of the file. An account search should not be treated as a complete record of every investigation.

The official lawyer-portal guidance describes requests to inspect investigation documents in files where the lawyer is registered. The prosecutor's approval affects which documents become available through that route. Portal access is a practical means of obtaining information; the legal right to inspect the file must still be assessed under the CMK.

A file not appearing in a portal does not prove that no investigation exists. A criminal-record certificate is also not a certificate that there are no pending proceedings. Counsel may need to make an enquiry with the identified prosecutor's office using the proper authority and identifying information.

The result should distinguish records actually obtained, information confirmed by the authority and matters still unresolved. A search on one date cannot rule out later orders. Lawyers should use their own authorised access; there is no need to share a personal e-government password to arrange a legal consultation.

05 / Confidentiality And Defence Rights

Restricted Files and Documents Still Available

Investigation procedures are generally confidential under Article 157, without removing defence rights. This does not mean that every investigation is completely closed to the defence. Article 153 gives counsel rights to inspect the contents and obtain copies, subject to the restrictions allowed by law.

For specified offences, a judge may restrict inspection at the prosecutor's request if access could endanger the investigation. The existence, scope and reasons of the order need to be checked. A general reference to confidentiality should not be confused with a specific judicial restriction.

Article 153(3) protects access to the suspect's statement, expert reports and records of procedures the person is entitled to attend from that particular restriction. A restriction does not automatically cover every document. Counsel can assess whether a refusal is justified and what application or objection is available.

Advice may initially be limited when the main evidence cannot lawfully be obtained. That limit should be explained rather than filled with guesses. Documents received for the defence should not be published online or circulated beyond those properly involved in the representation.

06 / Questioning And Participation

Police and Prosecutor Statements

A person called for questioning needs to know their role and the allegation. Under Article 145, a formal invitation identifies the reason for the call and warns of compulsory attendance if the person does not appear. A genuine obstacle should be raised promptly; silence is not an agreed postponement.

For suspects, Article 147 provides information about the allegation, access to legal assistance, the right to remain silent about the alleged offence and the right to request evidence in their favour. Identity questions must be answered truthfully. Witness questioning involves different duties and protections, so advice should reflect the actual role.

Preparation means reviewing the available facts, not learning a suggested story. Distinguish personal knowledge from information received from someone else. Explain uncertainty about dates and events. Tell counsel about earlier statements, relevant health needs and any pressure to sign a document.

Where required, interpretation should allow meaningful participation. Read the statement, or have it properly interpreted, and request corrections before signing. An English-speaking lawyer does not replace official interpretation where the procedure requires it. A written account prepared in advance may help organise the facts but does not automatically replace the formal statement.

07 / Supporting The Account

Preserving and Presenting Evidence

A useful account sets out what happened, when it happened and which record supports each point. Original messages, agreements, bank records, travel details and photographs may establish a different picture from a short complaint summary. Include material that appears unfavourable so it can be assessed in context.

Preserve original electronic files and their available date and source information. Screenshots can be useful, but cropped messages may lose important context. Record where a document came from and whether it has been translated. Keep the original alongside the translation rather than replacing it.

Do not delete messages, alter records, access someone else's account without authority or ask witnesses to agree on a version of events. If relevant evidence is held by a bank, employer, building manager or another organisation, identify the material so a lawful preservation or production request can be considered.

Searches, seized devices and expert reports raise separate questions about the authority used and the way evidence was handled. Counsel can assess the order, inventory and available review route. A request for the return of a device is not permission to interfere with evidence or disregard an existing order.

08 / Cross-Border Participation

Managing an Investigation While Living Abroad

Living outside Turkey does not end a Turkish investigation or make every request invalid. It does affect how documents are served, how a statement may be taken and what representation documents are needed. Provide a reliable current address and explain any earlier notice sent elsewhere.

A lawyer can review accessible records, submit applications and communicate with the authority within the agreed scope. These steps do not automatically remove a requirement for the client to appear. A power of attorney cannot itself cancel a warrant or approve remote participation.

International judicial assistance may allow a statement to be taken through the authorities in the country where the person is located. An authorised video procedure may also be possible. The applicable treaty, local rules, request and decisions of the relevant authorities matter. This is not a right to join any procedure through a private video call.

Ministry of Justice guidance explains that a request for video participation must be stated in the official judicial-assistance papers. Counsel can assess and request a suitable route, but cannot promise another country's approval or completion date. If foreign proceedings concern the same events, coordination with a lawyer there may be necessary.

09 / Personal Attendance And Movement

Warrants, Custody and Travel Restrictions

A summons, compulsory-attendance order, apprehension warrant and remand decision have different purposes. Advice should start with the written measure, not an informal description that the person is simply wanted. An order securing attendance is not the same as a final prison sentence, but it still requires a lawful response.

Where someone is being held, identify the place, time and responsible unit promptly. Legal assistance, interpretation and health needs should be raised without waiting for a complete file search. Detailed custody and release issues are addressed in our criminal defence service.

A visa, residence permit or previous uneventful visit is not travel clearance. Review any known order before booking or travelling, and distinguish criminal restrictions from an administrative entry ban. A pending application does not suspend an existing restriction. The outcome of border checks cannot be guaranteed.

10 / Reporting An Alleged Offence

Representation for Complainants and Victims

A person reporting an offence should explain the events, supporting evidence and any continuing risk accurately. Article 158 permits complaints to the public prosecutor or police, in writing or orally for an official record. Keep a copy or reference number and tell counsel about earlier reports concerning the same events.

Article 234 provides rights for victims and complainants, including requests to collect evidence, access to documents within the applicable limits and an objection to a decision not to prosecute under the prescribed procedure. These rights do not allow private access to another person's accounts or confidential records.

Some offences depend on a complaint made within a statutory period, while others can be prosecuted without one. The deadline and the effect of any withdrawal need assessment against the alleged offence and dates. Do not assume that informal discussions with the other party keep the complaint period open.

A failed agreement or unpaid debt is not automatically a criminal offence. Criminal proceedings should not be presented as a guaranteed way to collect money. Compensation or debt recovery may need separate proceedings, even where a criminal complaint is justified. Urgent protection needs should also be identified separately from the investigation itself.

11 / Understanding The Outcome

Closure, Further Enquiries and Indictment

An investigation can involve additional evidence requests, statements and expert work before a decision. The absence of a recent update does not establish closure. Ask what is known to be outstanding and obtain the eventual written decision.

The decision not to investigate under Article 158(6) is distinct from closing an investigation under Article 172. The first can apply where the report is abstract and general or clearly describes no offence without needing investigation. The person complained about is not given suspect status under that provision.

An indictment is not a conviction. Under Article 175, acceptance starts the prosecution stage. Conciliation, advance payment or postponement of prosecution have separate conditions and should not be offered as universal options. A private settlement does not automatically bind the prosecutor.

12 / Reviewing A Closure Decision

Objections and Notification Deadlines

Under the current wording of Article 173, a person harmed by the alleged offence generally has two weeks from service of a decision not to prosecute to object through the prescribed route. The objection goes to the competent criminal judgeship of peace. The decision, legal basis and notification record must be checked; this is not a universal deadline for every prosecutor decision.

An objection should identify the relevant facts, evidence and shortcomings in the investigation. Repeating dissatisfaction without addressing the reasons may not assist. The judge may require further investigation, reject the objection or accept it under the statutory procedure. Acceptance is not itself a finding that the suspect is guilty.

Older decisions, different remedies and transitional rules may require a different analysis. Do not rely on an old online reference to fifteen days or calculate time solely from when a friend forwards the decision. Translation requests and a change of lawyer do not automatically extend the period.

For a suspect, a closure decision should be retained with its challenge history. Under Article 172(2), later prosecution for the same act requires new evidence creating sufficient suspicion and the required judicial decision. Closure should not be described as an unconditional promise that the matter can never be reopened.

13 / Separate Legal Questions

Immigration, Business and Cross-Border Issues

A criminal file may overlap with a residence application, an entry restriction, a business dispute or proceedings in another country. The documents may be related, but the authorities, remedies and deadlines can differ. A single letter should not be assumed to resolve them all.

Closure of a criminal investigation does not itself prove that every immigration restriction has been removed. If an administrative decision exists, it needs separate review. Our deportation and detention service explains that procedure. Equally, an investigation should not be described as automatic deportation in every case.

International notices and extradition requests are separate from an ordinary domestic complaint. Whether such a measure exists must be established through appropriate legal channels. Being named in a Turkish file does not by itself prove that an Interpol notice has been issued.

In a business matter, the company, directors and employees may have different interests. Identify whose conduct is being examined and who requires advice. A coordinated response can be useful, but should not compromise independent representation or the accurate preservation of records.

14 / Preparing Instructions

Documents, Authority and Legal Fees

Begin with a short account and the records already available. Do not delay an urgent enquiry to create a perfect evidence bundle. Before sending detailed personal information, agree how it will be shared and who will receive it.

Representation documents depend on the proposed work. Some defence rights do not depend on producing a notarised power of attorney, while other tasks require formal authority. For documents issued abroad, confirm the accepted form, certification and translation before arranging them.

Agree whether fees cover a file review, statement attendance, applications or ongoing representation. Translations, notarial work, travel and experts may be separate costs. Court proceedings after an indictment or advice in another country should be included only if expressly agreed.

15 / The Agreed Process

From Initial Enquiry to the Next Decision

1. 01

   Identify the Matter

   Confirm the authority, client's role and any immediate deadline.

2. 02

   Agree the Scope

   Check conflicts, authority, fees and communication arrangements.

3. 03

   Review Available Records

   Obtain lawful access and distinguish known facts from unresolved questions.

4. 04

   Take Required Steps

   Prepare statements, evidence requests and agreed applications.

5. 05

   Explain the Decision

   Review the outcome, challenge periods and continuing obligations.

Urgent work may need to proceed before every document is available. The plan should identify what can be done immediately and what depends on an authority's response. Keep contact details current and forward new notices promptly.

There is no reliable fixed completion time for every investigation. Evidence abroad, expert reports, multiple parties and pending requests can affect progress. Updates should explain actual steps taken and the next known requirement, without promising influence over the prosecutor or a particular result.

16 / Investigation Questions

Common Questions About Turkish Investigations