Jurisdiction and Legal Processes for Foreign Nationals in Turkey: A Guide by Arden & Co

The Turkish Penal Code specifies the jurisdiction for cases involving foreign nationals, considering factors such as the location of the crime, the residence of the parties, the types of crime, and international agreements to determine the competent court.

The Legal Process for Foreigners Involved in Criminal Cases

After a foreign national's arrest, the legal process involves several stages: interrogation, criminal trial, court establishment, and verdict issuance, with the option to appeal. Foreign nationals can secure a criminal lawyer by consulting with a criminal defense law firm for legal assistance.

Understanding Jurisdiction and Extradition in Turkey

Jurisdiction

Turkish courts handle criminal litigation considering factors like the location of the crime and the residence of the parties.

Extradition

Turkey’s extradition process, initiated diplomatically, complies with both domestic laws and international agreements. To proceed with extradition, the alleged crime must be recognized as an offense in both Turkey and the requesting country, adhering to the principle of dual criminality.

Criminal Cases Involving Foreign Nationals

Detrimental Actions Against Turkey

If a foreign national commits a criminal offense outside Turkey that harms Turkey or its citizens and remains unpunished in the jurisdiction where the crime occurred, or if a victim seeks legal redress, the case files shall be forwarded to the Supreme Court for adjudication. Both the victim and the accused have the right to legal representation.

Political or Military Spying

Individuals acquiring confidential information for political or military espionage, posing a threat to national security, face imprisonment ranging from fifteen to twenty years.

Armed Rebellion Against the Government of Turkey

Engaging in armed rebellion against the Turkish government results in aggravated life imprisonment for the primary offender, while collaborators face six to ten years in prison. During wartime, the penalty increases to aggravated life imprisonment.

Terrorism

Terrorist offenses, such as affiliation with terrorist organizations, terrorist propaganda, and bombings, are met with severe punitive measures, including imprisonment and financial penalties.

Crimes Covered by Absolute Trial Authorization by Turkey

Human Trafficking

The Turkish Penal Code prohibits human trafficking, including recruiting, kidnapping, transferring, sheltering, or coercing individuals through deception or violence. Offenders face 8-12 years of imprisonment and fines.

Torture

Article 94 of the Turkish Penal Code defines torture as physical or mental abuse that causes suffering, impairs perception or will, or humiliates the individual. Offenders usually face three to twelve years in prison.

Genocide

Article 76 of the Turkish Penal Code addresses genocide, involving the complete destruction of a national, ethnic, racial, or religious group through murder, severe harm, or measures to prevent births. Perpetrators face aggravated life imprisonment.

Authorized Courts for Crimes Committed Abroad

Minister of Justice’s Role

The Minister of Justice in Turkey oversees the judiciary, appoints prosecutors, proposes legal reforms, and engages in international legal cooperation, handling a wide range of crimes from petty to serious offenses, including cybercrime and financial crime.

Direct Jurisdiction

Turkey exercises comprehensive jurisdiction over international crimes, regardless of location. The Minister of Justice oversees the investigation and prosecution of offenses against Turkish sovereignty.

Preconditions for Supreme Court Proceedings

Challenges to decisions by lower courts, such as the Court of Appeal, Labor Court, Civil Court of First Instance, and administrative courts, are subject to review and adjudication by the Supreme Court.

Jurisdictional Challenges in Foreign Criminal Cases

Foreign criminal cases present challenges due to the location of the crime, the nationality of the offender, and variations in legal systems. Consulting with a criminal defense solicitor is crucial for understanding the rights of the accused and navigating different legal jurisdictions.

Defending Rights in Criminal Proceedings

Individuals facing criminal charges in Turkey or abroad have the right to request legal aid from attorneys proficient in both criminal law and civil rights. They can appeal lawyer dismissals, access relevant documents, and advocate for timely proceedings to ensure a fair legal process.

Finding Legal Assistance

Finding competent criminal defense lawyers in Turkey requires effort. Arden & Co offers specialized criminal law and civil rights attorneys available 24/7. If you are searching for a criminal solicitor, contact Arden & Co for assistance. We provide expert legal support tailored to your needs.

For comprehensive legal assistance, contact Arden & Co’s experienced team of lawyers today. We specialize in navigating the legal complexities for foreign nationals involved in criminal cases in Turkey, ensuring effective representation and protection of your rights.