

Arrested, detained or under criminal investigation in Istanbul? Learn what foreigners should do after police detention, prosecutor questioning, an arrest warrant, airport detention or a criminal accusation in Turkey.
A foreign national facing a criminal investigation in Istanbul may need legal assistance with almost no warning. The problem can begin with a police stop, an unexpected visit to a hotel or residence, a summons from a prosecutor, detention at an airport, seizure of a mobile phone, a frozen bank account or an allegation made by another person.
In these situations, the first hours can be particularly important. Statements may be taken, electronic evidence may be secured, witnesses may be interviewed and decisions may be made concerning release, judicial restrictions or pre-trial detention.
For a foreign suspect, there is another difficulty: the person may not understand the language, criminal procedure or consequences of documents placed before them.
Foreign nationals have access to legal assistance in criminal investigations and prosecutions on the same terms as citizens, according to official Ministry of Justice guidance. The same official guidance confirms that interpreter costs for non-native speakers assigned an interpreter during criminal proceedings are covered by the state rather than charged to the person concerned. (Adli Yardım)
Istanbul also maintains an official interpreter system under Article 202 of the criminal procedure framework. The Istanbul Judicial Commission published its 2026 interpreter list under that statutory framework. (İSTANBUL ADLİYESİ)
For this reason, a foreigner arrested or investigated in Istanbul should focus immediately on understanding the accusation, obtaining legal assistance, securing accurate interpretation and avoiding irreversible procedural mistakes.
Emergency assistance may become necessary long before a criminal trial begins.
A foreign national should consider immediate criminal defense assistance after being taken into police custody, stopped because of an outstanding warrant, summoned to a prosecutor’s office, questioned as a suspect, subjected to a search, referred to a judge for detention, placed under judicial restrictions or informed that a criminal investigation exists.
The same applies where police seize a telephone, computer, passport, money or business documents.
Waiting until an indictment is filed may mean losing valuable opportunities to preserve evidence or challenge investigative measures.
The first objective is to determine why you are being detained and which authority is handling the case.
A foreigner may initially receive incomplete information about the investigation. There may be an outstanding judicial order, an existing investigation or a requirement to provide a statement.
Do not attempt to resolve the situation by arguing aggressively with officers.
Instead, establish your procedural status, request legal assistance and make clear immediately if you cannot adequately understand the language being used.
Yes.
Official Ministry of Justice guidance states that foreigners enjoy the right to legal aid in criminal investigations and prosecutions on equal terms with citizens. It also states that criminal legal assistance is available upon the request of the suspect or defendant regardless of the type of alleged offence, while specified circumstances require appointment without a request. (Adli Yardım)
A foreign suspect should therefore not assume that they must answer substantive allegations before seeking legal advice.
The first statement can influence the entire investigation.
A suspect who does not understand the allegation may provide an incomplete explanation, confuse dates or make statements inconsistent with documentary evidence.
Those inconsistencies can later become important.
Before a detailed statement is given, counsel should ideally determine the alleged offence, available information about the investigation, whether other suspects are involved and what documentary evidence may support the defense.
The criminal procedure framework provides interpreter safeguards for persons who cannot sufficiently communicate in the language used in proceedings.
Istanbul’s official 2026 interpreter system was created under Article 202 and the corresponding regulation. The Istanbul Judicial Commission confirmed that its 2026 interpreter list was established specifically within this statutory framework. (İSTANBUL ADLİYESİ)
Ministry of Justice guidance also confirms that interpreter costs assigned for a person who does not know the language are covered by the state rather than treated as litigation costs recoverable from that person. (Adli Yardım)
This is one of the most important practical rules for foreign suspects.
Do not sign a police, prosecutor or other procedural statement merely because someone tells you that it is routine.
Understand the entire document.
Check names, dates, locations, amounts and the description of events.
If the interpretation does not accurately reflect what you said, raise the issue before signing.
Conversational ability in the local language does not necessarily mean that a foreigner can understand technical criminal terminology sufficiently for a serious criminal statement.
The criminal procedure system recognizes defense rights applicable during questioning, including protections concerning self-incrimination.
Whether remaining silent is strategically appropriate depends on the individual case.
In some investigations, an immediate explanation supported by objective evidence can be valuable. In others, providing an improvised statement before counsel has examined the allegations can create unnecessary problems.
The decision should therefore be strategic rather than emotional.
The procedure depends on why the person has been brought there.
Identity information may be verified. Authorities may conduct procedures connected with an existing investigation and may seek a suspect statement.
A lawyer can assist in determining what allegation is being investigated and how the suspect should respond.
Where the foreigner cannot sufficiently understand the proceedings, interpreter assistance becomes particularly important.
The next step depends on the investigation.
A suspect may be released, referred to the prosecutor or become subject to further judicial proceedings.
Where a prosecutor believes a judicial measure is necessary, the suspect may subsequently be brought before the competent judge.
For this reason, police custody should not be treated as an isolated event. The defense should already be preparing for what may happen at the prosecutor and judicial stages.
The prosecutor directs the criminal investigation and evaluates whether the evidence supports further proceedings.
A foreign suspect may be questioned about the allegation and asked to respond to evidence.
The prosecutor may request further investigation or take other procedural steps.
Where pre-trial detention or another judicial restriction is sought, the case may proceed rapidly from prosecutor questioning to judicial review.
Defense preparation should therefore begin before the suspect enters the prosecutor’s office.
Potentially, if the statutory requirements are satisfied and detention is ordered by the competent judicial authority.
Pre-trial detention is not the same as a conviction.
A detention defense should address the specific reasons relied upon by the authorities rather than simply state that the foreigner wants to be released.
The evidentiary position, procedural risks, proportionality and suitability of less restrictive measures may become important depending on the case.
No automatic rule should be assumed merely because a suspect is foreign.
However, the person’s international residence, travel arrangements and ties relevant to the proceedings may become part of the court’s individualized procedural assessment.
A foreign defendant can strengthen a release application by presenting reliable information concerning residence, employment, business activity, family connections and willingness to comply with judicial requirements where those facts are relevant.
Judicial control refers to restrictions and obligations that may be imposed under the criminal procedure framework.
The exact restriction depends on the judicial decision.
For foreigners, one particularly significant measure can be a prohibition on international departure.
Other obligations may also apply depending on the case.
The defendant should obtain and understand the exact terms rather than rely on an informal explanation.
Potentially.
A judicial travel restriction can have significant consequences for tourists, international executives, investors, airline personnel and foreign employees.
A person subject to such a restriction should not simply attempt to leave through an airport and hope the measure has disappeared.
Counsel should identify the decision, examine its legal basis and evaluate whether removal or modification can be requested.
Airport detention is one of the situations in which foreign nationals most urgently seek criminal assistance.
A traveler may arrive for departure or entry and unexpectedly learn that a judicial order appears in the authorities’ systems.
The underlying case may be recent or may concern an investigation the person did not know existed.
The first priority is to determine which authority issued the order, which criminal file it concerns and what the order actually requires.
Potentially.
Different judicial orders can have different procedural consequences.
The person may need to provide a statement or appear before a judicial authority, or a more restrictive warrant may exist.
The precise order must therefore be identified.
Foreigners should not rely on informal statements that an old warrant has probably expired.
A criminal investigation can arise while a foreigner is visiting Istanbul temporarily.
The fact that the person is a tourist does not prevent Turkish criminal authorities from investigating alleged conduct within their jurisdiction.
The defense should immediately preserve travel documents, hotel records, booking information, payment records and any location evidence relevant to the allegation.
These materials can later become important in establishing where the suspect was at a particular time.
Searches are investigative measures governed by criminal procedure.
A foreign suspect should not physically obstruct authorities conducting a search.
Instead, the defense should identify the legal basis, preserve copies of relevant records where available and document any procedural objection appropriately.
If evidence obtained through a search later becomes central to the prosecution, the legality of the procedure may require detailed review.
Electronic devices can become important evidence in criminal investigations.
A mobile phone may contain messages, photographs, banking information, location data, contacts and other information potentially relevant to an allegation.
If a device is seized, counsel should determine the legal basis and scope of the measure and subsequently assess whether continued retention remains necessary.
Digital evidence raises issues distinct from physically taking possession of a device.
The defense should determine what investigative authority exists concerning examination of digital data and what procedures were followed.
For foreign executives, this can be especially significant because a device may contain confidential company information unrelated to the investigation.
Potentially.
A device should not be assumed to remain unavailable indefinitely merely because it was seized during an investigation.
Where the applicable legal conditions for continued retention no longer exist, counsel can evaluate the appropriate procedure for seeking its return.
The same principle may apply to other seized personal property.
The seizure should be documented.
The defense should determine the amount or property taken, legal basis for the measure and relationship between the property and alleged offence.
Keep copies of available seizure records.
Where continued retention is no longer legally justified, return may be requested through the applicable procedure.
The first question is why.
A passport issue may relate to a criminal procedural measure, another judicial decision or a separate administrative matter.
The defense should identify the exact legal basis.
A person should not assume that a seized or retained passport automatically means the same thing as a judicial prohibition on international departure.
Potentially, particularly in financial criminal investigations where the statutory conditions for asset restrictions are satisfied.
A blocked account can be particularly disruptive for a foreign business owner who needs to pay employees, suppliers, accommodation or other expenses.
Counsel should identify the authority imposing the restriction and the criminal file to which it relates.
Only then can an effective challenge be prepared.
Istanbul is a major commercial and financial center, and foreigners may become involved in investigations arising from investments, banking transactions, companies, property transactions, international trade or cryptocurrency.
An unusually large transfer does not by itself establish criminal responsibility.
The defense should reconstruct the commercial basis for the transaction using agreements, invoices, banking records, company resolutions and correspondence.
The objective is to explain the transaction through evidence rather than assertion.
A commercial disagreement can sometimes generate a criminal complaint alleging fraud.
The defense should determine what deceptive conduct is actually alleged.
Failure to repay money, unsuccessful investment or contractual non-performance does not automatically establish fraud.
Contracts, pre-transaction communications and payment records can be crucial in distinguishing a commercial dispute from alleged criminal deception.
Incidents in hotels, restaurants, nightlife venues or other public locations may generate criminal allegations involving foreign visitors.
Video evidence can be particularly important.
The defense should identify surveillance cameras immediately because recordings may not be retained indefinitely.
Medical records, witness identities and photographs should also be preserved.
Drug allegations can carry serious criminal consequences.
The defense should examine the alleged substance, forensic testing, quantity, location, possession evidence and circumstances in which the material was discovered.
Where several people occupied the same vehicle, hotel room or property, the prosecution must still establish the relevant factual connection between the accused and the alleged substance.
These cases require particularly careful and professional handling.
The defense should avoid contacting or pressuring the complainant.
Relevant communications, location records, camera footage, hotel records, transportation information and other lawfully available evidence should be preserved immediately.
Attempts to influence witnesses or alter evidence can create additional problems.
Foreign executives may become suspects because they are directors or authorized signatories of a company.
Corporate title alone should not substitute for proof of individual criminal responsibility.
The defense should identify who actually made the relevant decision, who authorized the payment, who signed the document and what the executive knew at the relevant time.
Corporate records can therefore become essential defense evidence.
Foreign executives and importers can also face investigations connected with imported goods, customs declarations, invoices, origin documents or allegedly prohibited products.
The defense should preserve customs declarations, commercial invoices, shipping documents, correspondence with brokers and internal compliance records.
Where a customs broker or employee prepared a disputed declaration, individual responsibility still requires careful analysis.
Digital financial investigations may involve bank transfers, exchange accounts, wallet addresses, transaction histories and electronic communications.
A person may appear in a transaction chain without necessarily knowing the origin of the funds.
The defense should reconstruct each transfer chronologically and establish the commercial or personal explanation for receiving or sending funds.
Defense counsel generally has statutory rights concerning access to investigation materials, subject to limitations that can apply during particular investigations.
Early file review can reveal the precise allegations, evidence, statements and procedural decisions.
Without understanding the file, a foreign suspect may defend against the wrong issue.
Certain investigations can involve judicial restrictions on access to portions of the file.
A restriction does not eliminate the right to defense.
Counsel should determine what material remains available, what the restriction actually covers and what defense steps can still be taken.
A strategy may need to evolve as additional evidence becomes accessible.
Yes.
Criminal defense is not limited to denying the allegation.
Depending on the case, the defense may submit or seek collection of banking records, contracts, location data, travel documents, hotel records, company documents, medical evidence, expert opinions or witness evidence.
Time-sensitive evidence should be preserved immediately.
This deserves particular emphasis in emergency cases.
A foreigner accused of committing an offence at a hotel, shopping center, restaurant, airport area or business premises may have objective video evidence supporting the defense.
But private surveillance systems may overwrite recordings.
A preservation strategy should therefore begin as soon as the location and approximate time of the incident are known.
Do not delete messages after learning about an investigation.
Do not reset the phone.
Do not edit screenshots.
Do not fabricate conversations.
Do not ask another person to delete information.
Preserve original material and allow counsel to determine what is relevant.
Attempting to “clean up” a device can seriously damage the defense.
The defense should still be evidence-based.
Being innocent does not mean that the investigation will automatically disappear.
False accusations, mistaken identification and incomplete evidence must be challenged using objective material.
Location information, messages, financial records, video footage, witnesses and travel records can be decisive.
A confession by another person can be important but should not automatically be treated as the end of the case.
Authorities may still examine whether multiple people participated.
The defense should establish independently why the foreign suspect was not involved rather than relying solely on another person’s statement.
Potentially.
The appropriate route depends on the person’s procedural status.
If pre-trial detention has been ordered, counsel can pursue the applicable mechanisms for challenging or reviewing detention.
The submission should address the actual reasons supporting the measure and present relevant evidence supporting release.
A detention decision should be examined carefully.
The defense should identify the evidence relied upon, alleged procedural risks and reasons why less restrictive measures were considered insufficient.
Subsequent release applications should respond directly to those findings.
Generic petitions are less useful than case-specific arguments.
A travel restriction may permit release while preventing international departure.
For a foreign defendant, this can create severe practical problems because employment, family and residence may all be outside Turkey.
Evidence showing compliance, stable contact information and other circumstances relevant to the judicial assessment may support a request to modify or remove the restriction.
Potentially.
The correct procedure depends on the decision and stage of the proceedings.
The defense should explain why continued restriction is unnecessary or disproportionate based on current circumstances.
A request supported by evidence is generally stronger than one based solely on inconvenience.
Once an indictment is accepted, the case proceeds to prosecution before the competent criminal court.
The defense should analyze every allegation in the indictment and identify the evidence claimed to support it.
Witness testimony, expert reports, digital evidence and documentary records should be compared systematically.
Trial preparation should not begin on the morning of the hearing.
Attendance requirements depend on the case and procedural status.
A defendant living abroad should never assume that a lawyer can automatically attend every stage without them.
Before leaving Turkey or deciding not to attend a hearing, counsel should verify whether personal attendance is required and whether any judicial order exists.
Failure to appear can create additional procedural consequences.
The case should still be investigated immediately.
A foreign defendant may discover the existence of a criminal file only after returning home.
Counsel can determine the status of the proceedings and what steps may be required before the person returns.
This is particularly important where an outstanding judicial order could result in detention at the airport.
Potentially.
Criminal proceedings and immigration procedures are distinct, but a criminal allegation, judicial measure or conviction can create separate immigration consequences depending on the circumstances.
Foreign defendants should therefore examine criminal defense and immigration risk separately.
A favorable development in one process should not automatically be assumed to resolve the other.
Potentially.
The consequences depend on the circumstances and any separate administrative measures.
A foreigner who has previously been investigated should determine whether any outstanding criminal or immigration restriction exists before planning future travel.
Consular assistance and criminal defense serve different functions.
A consulate does not replace defense counsel and cannot direct the prosecutor or criminal court.
Where consular assistance is relevant, it can operate alongside the criminal defense.
The immediate legal strategy should remain focused on the criminal file and the foreigner’s procedural rights.
Tourists face a particular problem: they may have flights scheduled within hours or days.
A criminal investigation can disrupt those plans immediately.
Do not assume that a return ticket will prevent detention or judicial restrictions.
Counsel should first determine the procedural status and whether any restriction affects departure.
Executives may face additional concerns involving company records, confidential devices, bank accounts and business operations.
If a director is detained, the company may need parallel corporate action concerning banking authority, signing authority and operational continuity.
Criminal defense and business continuity should be coordinated without interfering with evidence.
Foreign investors may become suspects in disputes involving shareholders, property transactions, payments or alleged financial misconduct.
The defense should reconstruct the investment relationship and identify the legitimate commercial purpose of disputed transactions.
Shareholder agreements, investment contracts and banking evidence can be particularly important.
The first day of a serious criminal investigation can determine much of what follows. The foreign suspect should establish the allegation, obtain legal assistance, request an interpreter where necessary and avoid signing documents that are not understood.
At the same time, the defense should identify evidence that may disappear, including camera footage and electronic records. Family members or company representatives should preserve relevant documents rather than attempting to influence witnesses or alter evidence.
If the person is referred to a prosecutor or judge, the defense should already be prepared to address release and any proposed judicial restrictions.
Yes. Official Ministry of Justice guidance confirms that foreigners have access to criminal legal assistance in investigations and prosecutions on equal terms with citizens. (Adli Yardım)
Yes. Legal assistance is available during the criminal investigation stage. A foreign suspect facing substantive questioning should consider obtaining legal advice before deciding how to respond. (Adli Yardım)
Yes, where the applicable language conditions are satisfied. Istanbul has an official 2026 interpreter list established under Article 202 of the criminal procedure framework and the corresponding regulation. (İSTANBUL ADLİYESİ)
Ministry of Justice guidance states that interpreter expenses assigned for non-native-speaking suspects, defendants, victims or witnesses are covered by the state and are not treated as litigation costs charged to the person concerned. (Adli Yardım)
Determine which authority issued the underlying order and which criminal file it concerns. Do not assume that an airport stop means a conviction or that every warrant has the same effect. Obtain legal assistance as quickly as possible.
Potentially, where the applicable criminal procedure requirements are satisfied. Counsel should examine both the seizure of the physical device and any separate legal issues concerning examination of digital content.
Potentially, if the statutory conditions are satisfied and the competent judicial authority orders detention. Detention before judgment is a procedural measure, not a criminal conviction.
Potentially. A judicial restriction can affect international departure. Foreign defendants should determine whether such a measure exists before attempting to travel.
Potentially, depending on the procedural circumstances. The defense should examine the grounds for continuing the measure and submit evidence supporting modification or removal where appropriate.
Substantial parts of the proceedings may potentially be handled through properly authorized counsel, but personal attendance may still be required depending on the procedural stage and judicial decisions.
Criminal proceedings involving a foreign national can develop rapidly. Police custody can be followed by prosecutor questioning and judicial proceedings within a short period, while evidence capable of supporting the defense may simultaneously begin to disappear.
The immediate priorities should therefore be legal representation, accurate interpretation, understanding the accusation, protecting procedural rights and preserving evidence. Foreign nationals have access to criminal legal assistance on equal terms with citizens, and official Ministry of Justice guidance confirms that interpreter costs for qualifying non-native speakers are covered by the state. (Adli Yardım)
Language protection is not merely theoretical. The Istanbul Judicial Commission maintains its official 2026 interpreter framework under Article 202 of the criminal procedure system, with the 2026 list formally published for proceedings requiring interpretation. (İSTANBUL ADLİYESİ)
Where a foreigner has been arrested, detained at an airport, summoned by police or prosecutors, referred for pre-trial detention, subjected to judicial control, prevented from leaving Turkey, had electronic devices or money seized, or learned about an outstanding criminal case, the first task is to identify the precise file and procedural measure. Defense strategy can then address statements, release, evidence, objections, asset restrictions and trial preparation.
Fırat Fesih Kaya Law Office assists foreign individuals, tourists, executives, shareholders, investors and international business owners with emergency criminal defense, police detention, prosecutor investigations, airport arrests, arrest warrants, pre-trial detention, judicial control, travel restrictions, fraud allegations, financial crime investigations, corporate criminal investigations and criminal trials in Istanbul and throughout Turkey.
Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yıldırım Tower, Balgat, Çankaya, Ankara, Turkey