Criminal Defence Lawyer in Istanbul and Criminal Law

In criminal proceedings the most critical moments are often the first hours of the case: custody, the statement, search and seizure cannot be undone later. When you are summoned to give a statement as a suspect, you have the right to remain silent and the right to consult a lawyer; using these rights correctly is the foundation of the defence.

On this page you will find the investigation and prosecution stages of criminal proceedings, the steps to take when you are summoned to give a statement or when a relative is detained, the current time limits for objections and appeals, the penalties for common offences such as fraud, theft, intentional injury and threats as updated by the 2025–2026 amendments, victim–offender mediation and suspension of the pronouncement of judgment (HAGB), calculation of time served and probation, which courthouse in Istanbul handles your case, and answers to frequently asked questions.

How do criminal proceedings work?

1. Investigation (soruşturma): The offence comes to light through a complaint, a report or a finding by the police. The Chief Public Prosecutor’s Office (Cumhuriyet savcılığı) gathers evidence; the suspect’s statement is taken by the police or the prosecutor. In certain serious offences a judge may order a restriction on the file; in that case even defence counsel cannot inspect some of the documents.
2. Outcome of the investigation: If there is no sufficient suspicion, a decision not to prosecute (takipsizlik) is issued. If there is sufficient suspicion, an indictment is drawn up; for offences within the scope of victim–offender mediation, mediation (uzlaştırma) is tried first, and for offences within the scope of pre-payment, pre-payment (önödeme); for some minor offences the filing of the public prosecution may be deferred for five years.
3. Acceptance of the indictment: The court examines the indictment within 15 days; if it finds it deficient it returns it, and if it accepts it the prosecution (trial) stage begins.
4. Prosecution (kovuşturma): At the hearings the defendant and witnesses are heard, expert reports are discussed, and the defendant and defence counsel make their defence on the merits.
5. Judgment: The court issues an acquittal, a conviction, suspension of the pronouncement of judgment (HAGB), a security measure or a decision to discontinue the case.
6. Appeals and enforcement: Appeal to the regional court (istinaf) and appeal on points of law to the Court of Cassation (temyiz); once ordinary remedies are exhausted, an individual application to the Constitutional Court. A final judgment is enforced by the enforcement bureau of the Chief Public Prosecutor’s Office.

How can you find out whether there is an investigation or case against you?

Many people only learn of an investigation against them when they are summoned to give a statement or when applying for a job. Yet seeing in advance that an investigation or prosecution exists gives you time to prepare the defence. By logging in to the UYAP Citizen Portal via e-Devlet (the e-Government gateway), you can see the case files to which you are a party, hearing dates and documents served on you; some investigation files, however, may not be fully visible because of confidentiality. The safest way to check whether there is an arrest warrant against you is for your lawyer to make an enquiry at the Chief Public Prosecutor’s Office.

It is important that your address details in MERNİS (the central population register) are up to date and that your e-Tebligat (electronic service) address is checked regularly: service made to the known address may be sufficient for time limits to start running even if the person is unaware of it. For those living abroad or staying away from their address for long periods, this check is the simplest measure to prevent a judgment becoming final in their absence.

If you have been summoned to give a statement: what to do, step by step

A summons to give a statement usually comes as a phone call from the police station, a notice left at the door or a document served via e-Devlet. When the call is made, you may ask whether you are being summoned as a suspect or a witness and in connection with which incident; if you are summoned as a suspect, not going unprepared determines the course of the rest of the file.

1. Find out your status and the file: Note the name of the unit calling you, the investigation number and the accusation for which you are summoned. The obligations of a person summoned as a witness differ from those of a suspect.
2. Do not miss the date: A warrant to bring a suspect by force may be issued if the suspect fails to respond to a duly made summons. If you have an excuse, give notice in writing and ask for a new date.
3. Speak to your lawyer first: If there is no restriction, defence counsel may inspect the investigation file and take copies (CMK 153). A statement given without knowing what is in the file is the evidence that is hardest to change later.
4. Prepare your documents: Bring your identity document, correspondence about the incident, bank receipts, contracts, and anything in your favour such as camera footage or location data, together with a chronology.
5. Use your rights during the statement: You have the right to remain silent; you may ask for evidence in your favour to be collected. Read the record from beginning to end before signing it, and ask for any missing or incorrectly written sentences to be corrected.
6. After the statement: If you have been released, follow the outcome of the investigation via e-Devlet and the UYAP Citizen Portal; a decision not to prosecute, an indictment or a mediation offer may be served on you. For details of your rights during custody, see our guide to giving a statement at the police station and the prosecutor’s office.

Custody and statements: your rights

• Right to remain silent: Not making any statement about the accusation is your legal right and cannot be interpreted against you.
• Right to defence counsel: You may consult your lawyer before and during the statement; no power of attorney is required for this (CMK 154). If you do not have a lawyer, you may ask for defence counsel to be appointed free of charge by the bar association. For offences carrying a minimum sentence of more than 5 years of imprisonment, for children and for persons so disabled that they cannot defend themselves, defence counsel is appointed without any request (CMK 150).
• Informing relatives: A relative of the person taken into custody is informed without delay.
• Custody period: As a rule it is 24 hours from arrest (excluding the travel time needed to bring the person before the nearest judge). For offences committed collectively it may be extended by written order of the public prosecutor, one day at a time, up to three days; the total period can thus be at most 4 days. Custody may be challenged before the criminal judgeship of peace (sulh ceza hâkimliği); the judge decides before 24 hours have passed (CMK 91).
• Value of a police statement: A police statement taken without defence counsel present and not confirmed before a judge or court cannot be used as the basis of a judgment.

Pre-trial detention, judicial control and objections

Pre-trial detention (tutuklama) is not a punishment but a protective measure, and may be ordered only where strong suspicion of an offence exists together with a risk of flight or of tampering with evidence, and provided that it is proportionate. Detention cannot be ordered for offences punishable only by a judicial fine, nor for offences whose maximum penalty does not exceed two years, except for intentional offences against bodily integrity (CMK 100/4). Instead of detention, judicial control (adli kontrol) measures such as a ban on travelling abroad, an obligation to report and sign, or an order not to leave the residence may be imposed. During the investigation stage, continued detention is reviewed at intervals of 30 days at most.

An objection may be lodged against the detention order of the criminal judgeship of peace within two weeks of learning of the decision; in addition, release may be requested at any stage. For how to write the objection and who examines it, see our guide to objecting to a detention order.

Maximum periods of pre-trial detention

These periods are upper limits; detention must be reassessed with reasons at every review. Time spent in detention is deducted from the sentence in the event of conviction.

What to do if a relative has been taken into custody or detained

For the family, the first hours are both uncertain and valuable. The following order prevents the most common losses of rights:

1. Find out where the person is: Ask which police unit or gendarmerie is holding them and at which Chief Public Prosecutor’s Office the file is. As a rule, relatives cannot speak directly with a person in custody; contact is made through the lawyer.
2. Contact a lawyer immediately: Defence counsel may meet the person in custody without a power of attorney and be present at the statement. In certain organised crime and terrorism offences this meeting may be restricted by a judge’s decision for 24 hours; no statement may be taken during that period.
3. Gather supporting documents: Proof of residence, employment certificate, SGK (social security) registration, student certificate, medical reports and documents concerning dependants are directly useful for the judge’s assessment of the risk of flight.
4. Note the date of the detention order: The two-week objection period runs from this date. Obtain the reasoning of the decision through the lawyer; an objection is effective when it responds to the reasons one by one.
5. Power of attorney and prison formalities: Because a detained person cannot go to a notary, the power of attorney is drawn up by the notary coming to the institution. Closed and open visiting days and the rules for sending money and belongings are learned from the institution’s administration. In Istanbul, detainees are mostly sent to institutions such as the Marmara Prisons Campus in Silivri, Maltepe and Metris.
6. Follow the prosecution stage: When the indictment is accepted, the court reassesses detention at the first hearing; release may be requested at every hearing and between hearings.

A person who, after being detained, receives a decision not to prosecute or an acquittal may claim pecuniary and non-pecuniary damages from the state (CMK 141). Under Law No. 7499, in these cases the claim is examined under the procedure of the Compensation Commission within the Ministry of Justice instead of by the serious crimes court; in other cases, such as unlawful detention, the serious crimes court has jurisdiction. The claim must be made within three months of service of notice that the decision has become final and in any event within one year of its becoming final (CMK 142).

Current time limits for objections and appeals

Law No. 7499 changed the time limits in criminal procedure. For decisions issued on or after 1 June 2024:

For decisions issued before that date, the old time limits (7 days for appeal, 15 days for appeal on points of law) apply. The time limits are strict; if missed, the decision becomes final. Except for those converted from imprisonment, convictions resulting in a judicial fine of up to and including 15,000 TL cannot be appealed (CMK 272/3). You can use our time limit and limitation period check tool to calculate time limits; however, in a criminal file, correctly establishing the date of service requires examination of the file.

Which court handles the case? Criminal courthouses in Istanbul

Offences punishable by aggravated life imprisonment, life imprisonment or imprisonment of more than 10 years are heard by the serious crimes court (ağır ceza mahkemesi); offences below that are heard by the general criminal court of first instance (asliye ceza mahkemesi). Measures during the investigation stage such as detention, searches and objections are handled by criminal judgeships of peace. Those who had not reached the age of 18 at the time of the offence are tried in juvenile courts.

As a rule, the competent court is the court of the place where the offence was committed; your residence or your lawyer’s office does not change jurisdiction. In Istanbul, criminal courts are located at the Istanbul (Çağlayan) Courthouse, the Anadolu Courthouse (Kartal), and the Bakırköy, Küçükçekmece, Büyükçekmece, Gaziosmanpaşa, Silivri and Şile courthouses. Appeals are examined by the criminal chambers of the Istanbul Regional Court of Appeal. Hearings are as a rule held at the courthouse; a detained defendant may be connected by SEGBİS (the audio-video conferencing system) from the institution where they are held. You can see which courthouse your district belongs to on our Istanbul district and courthouse pages.

What happens if you do not attend the hearing?

As a rule, no hearing is held in respect of a defendant who is not present, and a defendant without a valid excuse is ordered to be brought by force (CMK 193). If, on the evidence gathered, a decision other than conviction, such as acquittal, is to be given, the case may be concluded in the defendant’s absence. A defendant who has already been questioned may be excused from subsequent hearings at their own request or that of their authorised defence counsel; a defendant living in another city may, for offences carrying a minimum sentence of less than five years’ imprisonment, be questioned by letter rogatory before the court where they are (CMK 196). Since missing a hearing date often results in an arrest warrant, the excuse should be documented and notified in advance.

Common offences and their current penalties (2026)

The judicial reform packages enacted over the last two years raised the penalty ranges of many offences and changed the scope of mediation. Tables based on old texts still circulate on the internet; the table below has been prepared according to the text in force as of September 2026. The penalty range shows the basic form; aggravated forms and grounds for reduction and increase change the result.

What you need to know about the 2025–2026 amendments

• Law No. 7550 (June 2025): The basic penalty for intentional injury rose to 1 year 6 months – 3 years, and the penalty for threats with a weapon to 2 – 7 years; the minimum penalties for injury aggravated by its consequences were increased.
• Law No. 7571 (December 2025): The penalty for negligent injury rose to 4 months – 2 years. Insult was removed entirely from the scope of mediation and brought within the scope of pre-payment. In aggravated theft and fraud committed through IT systems, banks were empowered to suspend a suspicious account for up to 48 hours (CMK 128/A).
• Law No. 7589 (Official Gazette 31 July 2026): The penalty of a person whose participation in fraud consists only of giving their bank account, card or account details to someone else is reduced by half (TCK 158/4). For those already sentenced whose files are on appeal or before the Court of Cassation, the file returns to the first-instance court for this reduction to be assessed; those at the enforcement stage may benefit from the effective repentance reduction if they fully compensate the damage within six months of the court’s warning.

In offences against property, full compensation of the damage before the prosecution begins gives a reduction of up to two thirds of the penalty, and compensation before judgment a reduction of up to half (TCK 168). For files alleging links to an organisation, see our article on forming and membership of a criminal organisation, and for drug use files, our article on the offence of drug use and probation.

Mediation, pre-payment and deferral of the public prosecution

These three mechanisms can allow a file to be closed without a conviction; which one applies depends on the type of offence, and one cannot be chosen in place of another.

• Mediation (CMK 253): For offences prosecuted only upon complaint and for offences listed individually in the law (such as intentional injury other than the 86/3 forms, negligent injury, threats under 106/1, violation of the inviolability of the home, simple theft, fraud and breach of trust), the file is sent to the mediation bureau if there is sufficient suspicion. The mediator invites the parties to talks; if no reply to the offer is given within 7 days, it is deemed rejected. Mediation is not available for sexual offences, stalking and, since Law No. 7571, for any form of insult. If agreement is reached and the undertaking is performed, a decision not to prosecute is issued at the investigation stage, or the case is discontinued at the prosecution stage; no compensation claim can later be brought for damage known at the time of the agreement.
• Pre-payment (TCK 75): For offences punishable only by a judicial fine or by imprisonment with a maximum not exceeding 6 months, and for offences separately listed in the law such as insult, the prosecutor notifies the offender of an amount to pay. If it is paid within 10 days of service, no public prosecution is brought; if requested within 10 days, payment in three equal instalments is possible.
• Deferral of the filing of the public prosecution (CMK 171): For offences outside the scope of mediation and pre-payment and carrying a maximum of 3 years’ imprisonment or less, the prosecutor may defer the public prosecution for 5 years if the suspect has not previously been sentenced to imprisonment for an intentional offence and the damage has been compensated. If no intentional offence is committed during this period, a decision not to prosecute is issued.

HAGB, suspended sentence and conversion to a judicial fine

The 2024 and 2026 changes to HAGB

For HAGB decisions issued on or after 1 June 2024, the defendant’s consent is not required; in return, the decision is no longer reviewed by objection but by appeal to the regional court, both procedurally and on the merits (for decisions before that date the old objection procedure and the consent requirement still apply). After the Constitutional Court annulled the relevant paragraphs of CMK 231, Law No. 7589 reorganised the mechanism: where HAGB is ordered, the prison sentence cannot additionally be suspended or converted to an alternative sanction, and HAGB cannot be granted a second time for an intentional offence during the supervision period. If an intentional offence is committed or the obligations are not complied with during the supervision period, the court pronounces the judgment; however, depending on the situation of a defendant unable to fulfil the obligations, it may order that up to half of the penalty not be enforced, or, where the conditions are met, a suspended sentence or an alternative sanction. HAGB does not apply to torture, torment and ill-treatment offences committed by public officials. More detail: what HAGB is and whether it appears on the criminal record.

Calculating time served: conditional release and probation

Not all of the sentence imposed is spent in prison. If the convict is of good conduct, they are conditionally released after serving the proportion of the sentence set by law in the institution; the last period before the conditional release date may, where the conditions are met, be spent outside under probation (denetimli serbestlik).

Probation (art. 105/A): A convict of good conduct held in an open penal institution (or unable to be transferred there for reasons beyond their control) may, on request, spend the remaining period outside under supervision if 1 year or less remains until conditional release. For offences committed after Law No. 7550 entered into force, at least one tenth (at least 5 days) of the period to be served in prison until the conditional release date must also have been spent in the institution. This period is 2 years for women with children aged 0–6, and 3 years for those unable to live on their own because of serious illness or disability. For most offences committed before 30 March 2020, the 1-year period is applied as 3 years.

A worked example

Consider a person without recidivism sentenced to 3 years (36 months) of imprisonment for simple fraud committed in 2026:

• The conditional release ratio is one half: 36 ÷ 2 = 18 months to be served in prison.
• Probation may begin 12 months before conditional release: 18 − 12 = 6 months in prison. The one-tenth requirement (one tenth of 18 months ≈ 54 days) is already met within these 6 months.
• If the person spent 4 months in pre-trial detention during the trial, this is deducted; if the open institution and good conduct conditions are met, the time remaining in prison falls to approximately 2 months.
• After conditional release, a supervision period equal to the period to be served in prison (18 months) runs; if no intentional offence is committed during this period, the sentence is deemed served.

This calculation is approximate: the conditions for transfer to an open institution, disciplinary penalties, continuing offences, multiple convictions and transitional provisions that vary by the date of the offence change the result. The exact date appears in the time-served calculation (müddetname) prepared by the enforcement bureau of the Chief Public Prosecutor’s Office; the calculation in the müddetname may be challenged before the enforcement judgeship. It is also possible to ask the enforcement judge for imprisonment of up to 3 years in total for intentional offences, and up to 5 years for negligent offences (excluding negligent killing), to be served at weekends or at night; and for women, children and convicts over 65, for a sentence of up to 3 years to be served at home.

When are criminal record and archive entries deleted?

A final conviction is entered in the criminal record and appears on the “criminal record” certificate obtained from e-Devlet. When enforcement of the sentence is completed, when the limitation period for enforcement expires, or in the case of withdrawal of complaint or effective repentance that removes the conviction with all its consequences, the entry is deleted from the criminal record and transferred to the archive record (Law No. 5352 art. 9). Judicial fines and suspended sentences are entered directly in the archive without ever entering the criminal record; HAGB decisions and decisions deferring the public prosecution are kept in a separate system.

As a rule, the archive record is automatically deleted 5 years after the date on which the conditions for transfer to the archive arose. For convictions that result in deprivation of rights under Article 76 of the Constitution or under laws other than the TCK, this period is 15 years if a decision restoring the forfeited rights has been obtained, and 30 years if not (art. 12). If the act ceases to be an offence, the records are deleted entirely without any request. The archive record is disclosed to the person concerned and to the authorities listed in the law; it does not appear on the criminal record certificate requested when applying for a job.

If you are the victim: complaint and joining the case

A person harmed by an offence may file a complaint with the police or directly with the Chief Public Prosecutor’s Office. For offences prosecuted only upon complaint such as insult, the simple form of intentional injury, threats against property and breach of trust, a complaint must be made within 6 months of learning of the perpetrator and the act; for insult this period cannot in any event exceed 2 years from the act. Threats against life or body, the basic form of intentional injury, theft and fraud are not dependent on a complaint; nor is a complaint required where simple injury is committed against a spouse, a former spouse, a sibling, an ascendant or a descendant, or with a weapon (TCK 86/3): withdrawing the complaint does not automatically end the investigation, although the file may be closed through mediation.

Joining the case as an intervening party (katılan) at the prosecution stage gives the right to submit evidence, have witnesses heard and appeal. An objection to a decision not to prosecute may be lodged with the criminal judgeship of peace within two weeks. A separate action must be brought in the civil court to recover damage caused by the offence; for insult on social media, see our article on insult on social media and blocking access.

Common mistakes in criminal files

• Giving a statement unprepared, thinking “if I explain, they will understand”: Dates and times given by guesswork later enter the file as contradictions.
• Signing the record without reading it: Summary phrases such as “I regret it” or “I accept it” remain in the file even if changed at the hearing.
• Contacting the victim directly: Calls and messages made in good faith may be interpreted as pressure on or threats to a witness; mediation talks should be conducted through the mediator or a lawyer.
• Not following service of documents: Service to an old address or to the e-Tebligat account is valid; appeal and objection periods may expire without the person noticing.
• Leaving compensation until the last hearing: Timely and full compensation of the damage is decisive for the effective repentance reduction, HAGB and a suspended sentence.
• Deleting messages and records on the phone: Deleting messages and records may give rise to suspicion of tampering with evidence; records in your favour should be backed up in good time.
• Relying on old time limit and penalty tables: Information such as a 7-day appeal period, mediation for insult or the consent requirement for HAGB is no longer current.

Our work in criminal law

• Defence counsel at the custody and statement stage; objections to detention and requests for release
• General criminal court cases: injury, threats, insult, fraud, breach of trust, forgery
• Serious crimes court cases: aggravated fraud, robbery, drug offences, organised crime, intentional killing
• Cybercrime, investigations for letting others use one’s bank account, and economic crimes
• Representation of victims and intervening parties, objections to decisions not to prosecute, mediation talks
• Appeals to the regional court, the Court of Cassation and individual applications to the Constitutional Court
• Enforcement law: objections to the time-served calculation, conditional release, probation, special enforcement procedures
• Compensation claims for unlawful custody and detention

Costs, legal fees and duration

Because a criminal case is brought on behalf of the state, the defendant pays no court fee when it is filed; in the event of conviction, trial costs such as witness, expert and service expenses are charged to the defendant with the judgment. For an acquitted defendant who was defended by a lawyer, attorney fees are as a rule awarded according to the tariff and paid by the Treasury.

These are amounts that by law cannot be undercut; the fee is set in writing at the first meeting according to the scope and stage of the file. An investigation may last from a few weeks to a year. At the prosecution stage in Istanbul, general criminal court cases mostly last 1–2 years, and serious crimes court cases 2 years or more depending on the number of witnesses and experts; files with detained defendants are given priority, and appeals are added to these durations.

Documents to bring to the meeting

• Records of the statement, arrest, custody, search and seizure
• Indictment, decision not to prosecute, mediation offer or hearing summons
• Detention or judicial control order and the document showing the date of service
• File information obtained from the UYAP Citizen Portal or e-Devlet
• If you are the victim: medical report, message and call records, receipts and damage documents
• If you are a convict: the final judgment and the time-served calculation (müddetname)
• Criminal record certificate obtained from e-Devlet and identity document

The information on this page is general in nature and has been prepared according to the legislation in force as of September 2026. In criminal proceedings time limits are short, consequences are serious and the law is amended frequently; you are advised to consult a lawyer without delay about your specific situation.