- What Happens When You’re Arrested in Turkey?

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

1- What Happens When You’re Arrested in Turkey?

Arrest and detention are different concepts. Arrest refers to taking a person into custody based on suspicion of committing a criminal offense. If you're arrested in Turkey, you’ll be taken to a police station, questioned, and held in custody for up to a few days before being brought to court.
The judge will decide whether you’ll be prosecuted or released. If prosecuted, you’ll be held in prison until trial. If released, you may still be sent to a deportation center. Deportation is common for foreigners, even if they have residency.

However, what foreigners usually encounter is not arrest, but administrative detention, and they are typically sent to deportation/immigration centers.
Foreign nationals who overstay, violate visa rules, have rejected or expired residence permits, enter Türkiye illegally, or attempt to leave illegally (usually attempts to cross to Europe through Bulgaria from the border or to Greece by sea) are typically placed under immigration administrative detention. Legal support can help shorten detention and offer alternatives to deportation.

Foreigners in Turkey face different legal procedures than locals. Having a lawyer from the start is critical to protect your rights, reduce detention time, and prevent or challenge deportation when possible.

For more information about detention in deportation centers, you can read our article: 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 You Can Be Held Detained in Police Station?

Adults can normally only be held in police cells for up to 24 hours maximum.For serious crimes you can be held for up to 48 hours and for mass crimes and terrorism the limit is 96 hours.
Up to 12 hours can be added to this to cover the time to take you from the police station to the nearest court.

- Personal Belongings
Your personal belongings, including your passport, other ID and mobile phones, will be held by the police. You will get a receipt for these. They will be taken with you to court and, if you're released by the judge, will be returned to you - unless they're kept as evidence for the court's investigations.

4- What Happens After You Get Arrested?

- Prosecutor Process
After your statement is taken at the police station, if the prosecutor deems it necessary, you will provide a detailed statement to the prosecutor. The prosecutor may then request the court to issue an arrest order.

- Going To Court
If the prosecutor requests your arrest during the investigation to collect evidence, you will be brought before the court. This court hearing is not the main trial for your criminal case; it only determines whether you will be detained during the trial or allowed to remain outside. The court can decide on one of four outcomes:
release, release on bail, judicial control, or detention in prison.
- Release
If the court decides to release you, depending on the type of offense, you may continue to stay in Turkey, or you may be transferred to a detention center for deportation due to the criminal process.

- Bail
Foreigners are rarely granted bail. However, if you have a valid Turkish residence permit or are married to a Turkish national, bail may be considered depending on the charge. If granted, you may receive a travel ban, and your passport may be retained by Turkish authorities. Other bail conditions will vary based on the case.

- Judicial Control
The judge may place you under judicial control instead of keeping you in prison. A judicial control order allows you to comply with certain restrictions, such as regularly reporting to a police station, house arrest, electronic monitoring, and/or a travel ban abroad.

Failure to comply with the judicial control order —such as not signing in at required times or violating restrictions—may result in the court summoning you again, and you could be arrested.

- Arrest Order
If the court believes that allowing you to stay outside during the investigation may create a risk of absconding or evidence tampering, or if your alleged offense is one of the listed crimes in the related law, the court may order you to be arrested. Crimes that require arrest when there is strong suspicion of offense: Genocide, Crimes against humanity, Human trafficking, Migrant smuggling, Homicide, Assault, Aggravated assault, Torture, Sexual assault, Child sexual abuse, Theft, Robbery, Drug trafficking, Organizing a criminal organization, Crimes against state security, Crimes against constitutional order, Arms smuggling, Embezzlement, Smuggling-related crimes, Illegal export of cultural heritage, Unauthorized excavation, Arson, Participation in illegal demonstrations with weapons, Displaying terrorist organization symbols, Domestic violence against women, Assault on healthcare personnel.

There is no significant difference between remand prisoners and sentenced prisoners—they are typically held in the same prisons, though in different cells. Remand prisoners almost have the same rights and conditions as sentenced prisoners.

5- Release and Deportation:

• After release, you may still be taken to a deportation center.
• You may be deported, even if you have residency.
• You (or someone on your behalf) may have to pay for your flight.

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 criminal records show up on passports?
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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