- Turkey Prison and Arrest Process: What Happens If You Are Detained in Istanbul?

A Detailed Legal Guide for Foreigners Who Have Been Arrested in Turkey.

Many foreigners search for “Turkish prison” when they actually mean immigration detention or deportation centers. These are legally different institutions. For more information about detention in deportation centers, you can read our article: Detained in a Deport-Immigration Center in Turkey? . If the case concerns an American national, you may also review: US Citizen Deported from Turkey .

1- Arrest vs Immigration Detention

Arrest and immigration detention are legally different in Turkey.,
For detailed information about foreigner detention, see our guide: Turkish Prison - Detained in Turkey? Deportation Process Overstay Rules An arrest occurs when a person is suspected of committing a criminal offense. The person is taken to a police station, questioned, and brought before a judge. If the court orders detention, the person is sent to prison pending trial.

Immigration detention, however, is not a criminal punishment. It applies to foreigners who overstay visas, violate residence permit rules, or face deportation. These individuals are held in deportation (removal) centers, not prisons.

Many foreigners who search for “Turkish prison” are actually referring to immigration detention centers. Legal assistance can help challenge detention and prevent deportation.

For detailed information, see our guide: Detained in a Deport-Immigration Center in Turkey?

Only a lawyer can visit you at the police station; relatives, friends and consular staff are not normally allowed to visit.

3- How Long Can Police Hold You?

In Turkey, the maximum police custody period for adults is 24 hours under normal circumstances. For serious offenses, this period may extend to 48 hours. In cases involving organized crime, mass offenses, or terrorism, custody can last up to 96 hours.

An additional up to 12 hours may be added to cover transportation time from the police station to the courthouse.

Personal Belongings

Your personal belongings — including your passport, identification documents, and mobile phone — will be temporarily confiscated by the police. You will receive a written receipt. If you are released, these items are returned unless they are retained as evidence in the investigation.

4- Can Foreigners Be Sent to Turkish Prison?

Yes. Foreign nationals can be sent to Turkish prison if a criminal court orders detention during an investigation or trial. This is different from immigration detention in a deportation center.

Prosecutor Process

After your statement is taken at the police station, the file is submitted to the public prosecutor. If deemed necessary, the prosecutor may request the criminal court to issue a pre-trial detention (arrest) order.

Court Decision

You will be brought before a judge, who will decide whether you will remain free during the investigation or be detained. This is not the main criminal trial — it only determines your custody status.

The court may decide on one of the following:

• Release without conditions
• Release on bail
• Judicial control measures
• Detention in prison (pre-trial detention)

Judicial Control and Bail

Instead of prison, the judge may impose judicial control, which can include reporting regularly to a police station, house arrest, electronic monitoring, or a travel ban. Foreigners are rarely granted bail, but it may be considered depending on the charge and residency status.

Failure to comply with judicial control conditions may result in a new arrest order.

When Is Prison Ordered?

Pre-trial detention is typically ordered if there is a strong suspicion of a serious offense and a risk of flight, evidence tampering, or reoffending. Certain serious crimes — such as violent offenses, organized crime, drug trafficking, terrorism-related crimes, or crimes against state security — are more likely to result in detention.

Pre-trial detainees (remand prisoners) are usually held in the same prison facilities as convicted prisoners, though in separate sections. Their legal status differs, but detention conditions are largely similar.

For detailed information about the difference between prison and detention, see our guide: Turkey Prison vs Removal Center (GGM) – Arrest Process, Police Custody Rules (2026)

5- Release, Bail and Deportation Risk

Being released by a criminal court does not automatically mean you can remain in Turkey. Criminal proceedings and immigration procedures are legally separate.

• After release, you may still be transferred to an immigration (deportation) center if the authorities initiate removal proceedings.
• Foreign nationals may face deportation, even if they hold a residence permit, depending on the nature of the offense and administrative assessment.
• If a deportation decision becomes final, you (or someone on your behalf) may be required to cover the cost of the return flight.

Early legal intervention is critical to challenge deportation decisions, request suspension of removal, and apply for alternative legal remedies where possible.

For more information about detention in deportation centers, you can read our article: Detained in a Deport-Immigration Center in Turkey?

To stop deportation, you can contact us from WhatsApp and visit our law firm's website.

4- What to Do After Being Arrested and How to Get Released from Prison

If you have been arrested in Turkey or placed under judicial control, it is crucial to contact our lawyers specializing in criminal and immigration law immediately. An experienced lawyer can protect your rights and increase your chances of release or acquittal. For effective legal support during your trial, contact our law office today.

- FRAQUENTLY ASKED QUESTIONS

1) What happens if you get caught shoplifting in Turkey?
Shoplifting in Turkey can lead to 1–3 years in prison. For first-time offenders with a sentence under 2 years, probation is possible. If you stay crime-free for 5 years, the record may be cleared.

2) Is it illegal to record someone in Turkey?
Recording someone without permission is illegal and can result in 1–3 years in prison. Sharing private recordings increases the penalty to 2–5 years.

3) Is getting arrested serious?
Being arrested means you are accused of a crime and can face serious jail time. Overstay or deportation detention is different from a criminal arrest.

4) What is the most common crime in Turkey?
According to statistics the most common crimes are intentional injury and theft in 2020.

5) Do you go straight to jail after being arrested?
Everyone is presumed innocent. You may be released or placed under alternative measures like house arrest or signing in regularly. Jail is usually the last resort.

6) What happens if you get arrested in a foreign country?
First of all use your right to call family and remain silent. Inform them of your location and ask them to hire a lawyer. Remain silent until lawyer arrives.

7) What happens when you get arrested for the first time?
Before arrest, the court may apply alternatives like house arrest, electronic monitoring, or signing in. Arrest is the last option—contact a lawyer immediately.

8) What is the next step after being arrested?
If the court orders arrest, you stay in jail during the trial. The court reviews your arrest order regularly. Release is possible after evidence collection.

9) Can you leave the country after going to jail?
If you are a foreigner and serve a prison sentence in Turkey, you may be deported afterward. Humanitarian reasons can delay deportation.

10) How long can the police hold you without charge?
Adults can be held up to 24 hours, 48 hours for serious crimes, 96 hours for terrorism. For visa violations, detention can last 6 months–1 year in the detention center.

11) What happens if you flee the country to avoid jail?
If there is an extradition treaty, you can be sent back to serve your sentence. For visa violations, you may face entry bans and deportation.

12) Can police detain you without arresting you?
Yes. Detention is different from arrest. Police can hold you for questioning; serious cases allow up to 96 hours in custody.

13) How strict are Turkish laws?
Turkish criminal law is based on Italy, commercial law on Germany, civil law on Switzerland. Laws are similar to European standards.

14) Do criminal records show up on passports?
No. Criminal records are not on passports but may be required for certain visas or residence permits.

15) What is the punishment for first-time theft?
First-time theft usually leads to probation. If no new crimes occur for 5 years and damages are paid, the record may be reduced or cleared.

16) Do foreigners should obey Turkish Law?
Tourists must respect Turkish laws like citizens. Avoid insulting the Turkish nation, flag, or currency. Violations can lead to 6 months–3 years in prison.

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