Criminal Investigation File in Turkey: How Can Foreigners Learn the Charges? 2026 Guide

How can a foreigner learn the criminal charges against them in Turkey? Learn about investigation files, prosecutor and police statements, lawyer access, file restriction orders, evidence, interpreters, and defense rights in 2026.

A foreign national may discover that a criminal investigation exists in Turkey without initially knowing exactly what offence is being investigated, who made the complaint, what evidence exists, or whether they are formally considered a suspect.

This commonly happens when a foreigner receives a police call, is summoned to a prosecutor’s office, learns that an investigation exists during an immigration procedure, or is informed by a lawyer that a prosecutor’s file has been opened.

The first questions are usually:

What am I accused of? Can I see the investigation file? Can my lawyer obtain the documents? Can the prosecutor keep evidence confidential? What happens if there is a restriction order?

Turkish criminal procedure provides important rights concerning notification of the accusation and access to investigation materials. At the same time, access to a criminal investigation file is not always unlimited while the investigation remains ongoing.

Under Article 153 of Criminal Procedure Code No. 5271, defense counsel can generally examine the investigation file and obtain copies of documents. However, where disclosure could endanger the purpose of the investigation, access may be restricted by a peace criminal judge upon the prosecutor’s request in the categories and circumstances prescribed by law. The Constitutional Court has confirmed that this restriction mechanism is not an unlimited power and must operate without destroying the rights of the defense.

For foreigners, obtaining accurate information early can be particularly important because an unknown criminal investigation may affect travel plans, police attendance, detention risk, immigration proceedings, employment, company management, or future entry into Turkey.

What Is a Criminal Investigation File in Turkey?

A criminal investigation generally begins when the public prosecutor becomes aware of circumstances creating the impression that an offence may have been committed.

The Ministry of Justice reiterated in March 2026 that under Articles 160 and 161 of the Criminal Procedure Code, once the prosecutor learns of circumstances indicating a possible offence, the prosecutor must begin investigating whether there is a basis for bringing a public prosecution. The prosecutor is responsible for collecting and preserving evidence both against and in favor of the suspect and for protecting the suspect’s rights.

An investigation file may contain materials such as complaints, police reports, witness statements, suspect statements, surveillance records, bank information, digital evidence, expert reports, search-and-seizure documents and other investigative records.

Not every investigation eventually becomes a criminal prosecution.

After the investigation, the prosecutor may ultimately decide whether there is sufficient basis to proceed with charges before a criminal court.

How Can a Foreigner Discover That a Criminal Investigation Exists?

There are several ways.

A foreign national may learn about an investigation after:

• Receiving a call from a police station
• Receiving a formal summons
• Being asked to give a statement
• Being stopped pursuant to an existing judicial measure
• Being contacted by a prosecutor’s office
• Learning through Turkish legal counsel that an investigation file exists
• Receiving a later judicial notification

However, simply knowing that an investigation number exists does not necessarily reveal the complete accusation.

The next step is to determine the foreigner’s procedural status.

First Question: Are You a Suspect, Witness, Victim or Complainant?

This distinction is essential.

A person called to a police station may be:

A suspect: Authorities believe there is a degree of suspicion that the person committed an offence.

A witness: Authorities believe the person has information relevant to an investigation.

A victim: The person may have suffered harm from the alleged offence.

A complainant: The person has reported conduct that may constitute an offence.

A foreigner should not assume that being contacted by the police automatically means they are accused of a crime.

Before giving a substantive statement, however, their procedural status should be clarified.

Does a Foreign Suspect Have the Right to Know the Accusation?

Yes.

The right to understand the accusation is a fundamental component of the defense process.

Official Ministry of Justice guidance concerning the taking of suspect statements explains that after identity is established, the accusation and procedural rights are explained before questioning begins. The statement record should also indicate that the accusation and rights were explained to the suspect.

This is particularly important for foreigners.

A foreign suspect should understand at least the substance of the alleged criminal conduct before being expected to defend themselves.

They should not be placed in a position where they are effectively required to guess what transaction, message, payment, document, or incident the authorities are investigating.

How Can a Lawyer Learn What the Foreigner Is Accused Of?

One of the most important steps is to have Turkish criminal counsel identify and examine the relevant investigation file.

Under Article 153, defense counsel generally has authority during the investigation stage to examine the file and obtain copies of documents without charge.

Depending on the file, this can enable counsel to determine matters such as:

• The alleged offence
• Investigation number
• Prosecutor’s office handling the case
• Nature of the complaint
• Important evidence
• Existing statements
• Expert reports
• Search or seizure records
• Relevant procedural decisions

However, this general access right is subject to important exceptions.

Can Access to the Investigation File Be Restricted?

Yes, in legally defined circumstances.

Article 153 permits restriction of defense counsel’s authority to examine parts of the investigation file or obtain copies where disclosure could endanger the purpose of the investigation and the statutory conditions for restriction are satisfied.

Such a restriction is not supposed to arise merely because the prosecutor would prefer secrecy.

The mechanism requires the prosecutor’s request and a decision of the peace criminal judge within the scope permitted by Article 153.

The Constitutional Court has held that the provision does not grant an unlimited power to make the entire investigation inaccessible. Restrictions must remain tied to protecting the investigation and must not undermine defense rights.

Does a Restriction Order Mean the Foreigner Cannot Learn Anything?

No.

This is a crucial distinction.

Even where a restriction order exists, Article 153 provides protection for certain categories of documents. The statutory restriction does not apply in the same way to the record containing the statement of an arrested person or suspect, expert reports, and records of judicial proceedings at which the relevant persons are legally entitled to be present.

Moreover, the existence of a restriction order does not eliminate the fundamental requirement that a suspect be informed about the accusation sufficiently to exercise defense rights.

The Constitutional Court has examined cases in which applicants argued that file restrictions prevented them from learning the allegations. In assessing such complaints, the Court has considered whether the essential factual allegations and evidence forming the basis of restrictive measures were nevertheless communicated to the suspect or defense counsel and whether an effective defense remained possible.

Therefore:

Restricted file access is not the same as a complete legal right to keep the suspect unaware of what they are accused of.

Can the Police Explain the Charges?

Police questioning is one important stage at which the accusation should become clearer.

Before a suspect’s substantive statement is taken, the accusation must be explained and procedural rights must be communicated.

A foreign suspect should determine:

• What offence is alleged?
• What incident is being investigated?
• What approximate date is involved?
• What conduct is attributed personally to the suspect?
• Is the investigation based on a complaint?
• Is the person being questioned as a suspect?

The police may not necessarily provide unrestricted access to every item in the investigation file merely because a statement is being taken.

That is different from the obligation to explain the accusation.

Can the Prosecutor Explain the Charges?

Yes.

Where a foreign suspect gives a statement before the public prosecutor, the accusation must be sufficiently communicated for the suspect to understand what they are being questioned about and exercise defense rights.

This stage can be particularly important where the investigation has developed beyond the initial police inquiry.

Questions asked by the prosecutor may reveal the factual basis of allegations concerning:

• Bank transfers
• Company transactions
• Telephone communications
• Digital messages
• Customs declarations
• Contracts
• Alleged fraudulent transactions
• Witness statements
• Financial records

However, a suspect should not rely solely on questions to understand a complicated investigation.

Where legally available, examination of the investigation file by defense counsel is much more effective.

What If the Foreigner Receives Only a Police Telephone Call?

A telephone call saying “come to the police station to give a statement” may provide almost no useful information.

The foreigner should avoid discussing the substantive facts extensively during an unexpected telephone conversation.

Instead, it may be appropriate to determine:

• Which police department is calling
• Officer’s identity
• Investigation number, if available
• Prosecutor’s office
• Whether the person is a suspect or witness
• Whether a formal summons exists
• What general incident is involved

Where the allegation is unclear, counsel may contact the relevant authorities before the foreigner attends.

Can a Foreign Suspect See Every Piece of Evidence Before Giving a Statement?

Not necessarily.

The right to know the accusation and the right to unrestricted access to every investigative document are related but distinct issues.

An investigation may still be active. Certain evidence may be subject to lawful restrictions under Article 153.

The Constitutional Court has recognized that limited restrictions may be justified to protect the effective conduct of an investigation, provided that defense rights are not rendered ineffective.

Therefore, a foreigner should not assume that police must provide a complete copy of the entire criminal file before asking any questions.

At the same time, the suspect must be given sufficient information about the accusation to exercise the rights of defense meaningfully.

What Documents Cannot Simply Be Hidden Behind a File Restriction?

Article 153 is particularly important here.

The Constitutional Court has quoted the statutory rule that the restriction mechanism does not apply to the record containing the statement of the arrested person or suspect, expert reports, and records concerning judicial proceedings at which the relevant persons are entitled to be present.

This prevents a restriction order from operating as an absolute barrier to every important document in the investigation.

Defense counsel should therefore identify precisely:

which documents are restricted and which remain legally accessible.

How Long Can a Restriction Order Continue?

The restriction concerns the investigation stage.

The Constitutional Court has noted that under Article 153, once the indictment has been accepted by the criminal court, the investigation-stage restriction ends automatically.

This is important because the procedural landscape changes substantially once the investigation becomes a prosecution.

After acceptance of the indictment, the defendant and defense counsel must be able to prepare the defense against the criminal case presented to the court.

What Is an Indictment and Why Is It Important?

An investigation file does not itself mean that a foreigner has already been formally prosecuted before a criminal court.

If the prosecutor concludes that sufficient suspicion exists to justify prosecution, an indictment may be prepared and submitted to the competent criminal court.

Once accepted, the case moves from the investigation stage into the prosecution stage.

The indictment becomes a central document because it identifies the alleged offence and factual conduct that the prosecution seeks to bring before the court.

Therefore, foreigners should distinguish between:

being investigated, and

being formally prosecuted before a criminal court.

What If the Foreigner Learns About the Investigation While Outside Turkey?

This situation is common.

A foreign executive, investor, former employee, tourist, or resident may return to their home country and later discover that an investigation was opened in Turkey.

Before making travel decisions, legal counsel may seek to determine:

• Whether an investigation actually exists
• The investigation number
• Procedural status
• Alleged offence
• Whether the person has been summoned
• Whether compulsory appearance has been ordered
• Whether an arrest warrant exists
• Whether the file contains a restriction decision

This can be particularly important before returning to Turkey.

An investigation does not automatically mean that an arrest warrant exists, but the two questions should not be confused.

Can a Lawyer Check Whether There Is an Arrest Warrant?

Where a foreigner fears arrest upon entering Turkey, counsel should investigate the procedural status through legally available channels.

The existence of a criminal investigation does not automatically mean that an arrest warrant, compulsory appearance order, or detention decision has been issued.

Possible procedural situations include:

Investigation exists but no summons yet.

Statement requested but no compulsory measure exists.

Formal summons issued.

Compulsory appearance ordered.

Arrest warrant issued.

These situations carry very different risks.

A foreign national should therefore avoid making international travel decisions based merely on rumors that “there is a case.”

Can a Foreigner Learn Who Filed the Complaint?

Sometimes, but not necessarily immediately in every investigation.

Where the complaint forms part of accessible investigation materials, counsel may be able to determine the complainant and allegations.

However, file restrictions, confidentiality protections, the nature of the investigation, or other procedural considerations can affect access to particular information.

The key objective at the early stage is usually not simply identifying the complainant but understanding:

• What conduct is alleged
• What criminal offence is being investigated
• What evidence supports the suspicion
• What procedural measures exist

What If the Allegation Comes From a Former Business Partner?

Foreign investors and company executives frequently encounter criminal complaints arising from commercial disputes.

Examples include allegations concerning:

• Fraud
• Misappropriation
• Forged documents
• Unauthorized transfers
• Company funds
• Shareholder disputes
• False invoices
• Commercial payments
• Bank transactions

A criminal complaint does not automatically establish that a crime occurred.

The prosecutor is responsible for investigating both incriminating and exculpatory evidence. The Ministry of Justice expressly reiterated this duty in its March 2026 explanation of prosecutors’ responsibilities under Articles 160 and 161.

Commercial contracts, accounting records, emails, bank transfers, board resolutions, invoices, and corporate authorization documents may therefore become essential defense evidence.

What If the Investigation Concerns Online Fraud or Bank Transfers?

Foreigners increasingly discover investigations after their Turkish bank account, telephone number, company, or identity appears in a fraud investigation.

The person should determine precisely:

• Which transfer is questioned
• Date of transaction
• Amount
• Sender and recipient
• Alleged victim
• Who controlled the bank account
• Why the payment was made
• Whether the person received any benefit
• Whether another individual used the account

The foreigner should preserve bank statements, contracts, invoices, messages, device records, and other legitimate evidence.

Deleting communications after learning about an investigation can create additional evidentiary problems.

What If the Investigation File Is Restricted and the Foreigner Is Detained?

Access becomes particularly important where the suspect’s liberty is at stake.

The Constitutional Court’s materials emphasize the connection between access to prosecution evidence and the ability of a detained suspect to challenge detention effectively.

A defense lawyer should therefore examine whether the suspect has received enough information concerning the essential evidence supporting detention to make an effective challenge.

A restriction order should not make judicial review of deprivation of liberty meaningless.

Can a Foreigner Request an Interpreter?

Yes.

A foreign suspect who cannot adequately understand or communicate in Turkish should request interpretation during criminal proceedings.

This is particularly important when learning the accusation.

The interpreter should enable the suspect to understand:

• What offence is alleged
• What conduct is attributed to them
• Questions being asked
• Rights explained by authorities
• Their recorded answers
• Important procedural decisions

A foreigner should not sign a statement merely because someone provides a general summary in another language.

The suspect should understand the substance of what is recorded.

Should the Foreigner Sign a Statement Before Understanding the Charges?

No substantive defense statement should be signed without understanding the accusation and the recorded answers.

Official Ministry of Justice materials explain that the accusation and procedural rights are communicated before questioning and that the resulting statement is documented in a formal record.

Before signing, the foreigner should verify:

• Correct identity
• Correct allegation
• Accurate translation
• Accurate answers
• Dates
• Names
• Amounts
• Any corrections requested during questioning

If something has been recorded incorrectly, correction should be requested before signing.

Can the Foreigner Remain Silent Until the Situation Is Clear?

A suspect has the right not to make self-incriminating substantive statements.

Whether silence is appropriate depends on the circumstances.

In some investigations, an immediate documentary explanation may resolve a misunderstanding.

In others, answering questions before understanding the allegations and evidence may create unnecessary contradictions.

The defense strategy should therefore be determined after assessing as much of the investigation as can lawfully be accessed.

Can the Lawyer Submit Evidence to the Prosecutor?

Yes.

Learning the allegation is only the first stage.

Once counsel understands the nature of the accusation, evidence favorable to the foreign suspect can be identified and presented.

Depending on the case, this may include:

• Bank records
• Contracts
• Invoices
• Travel records
• Company documents
• Emails
• Messages
• Employment records
• Technical records
• Witness information
• Expert analysis

The prosecutor’s duty is not limited to collecting evidence against the suspect. Current Ministry of Justice guidance expressly confirms the obligation to collect and preserve evidence both for and against the suspect.

Can the Investigation End Without a Criminal Case?

Yes.

The existence of an investigation does not mean that prosecution is inevitable.

The investigation is designed to determine whether there is sufficient legal and evidentiary basis to bring a public prosecution.

Therefore, early identification of the allegation and submission of strong exculpatory evidence may be extremely important.

For a foreign company executive, for example, documents showing that another employee authorized the disputed transaction may materially change the assessment of individual criminal responsibility.

2026 Practical Approach for Foreigners Who Discover a Criminal Investigation

As of 2026, the basic procedural framework continues to place the public prosecutor at the center of the investigation. The Ministry of Justice’s March 21, 2026 statement expressly reaffirmed that prosecutors must investigate the factual circumstances, collect evidence both favorable and unfavorable to the suspect, and protect the suspect’s rights.

For a foreigner who unexpectedly discovers a criminal file, the practical approach is therefore to identify the investigation accurately rather than speculate about its contents.

Counsel should determine the file number, procedural status, accusation, available evidence, existence of any restriction order, and any outstanding compulsory measures. The defense can then decide whether an immediate statement, documentary submission, objection, or other procedural action is appropriate.

Frequently Asked Questions

1. How can a foreigner learn what crime they are accused of in Turkey?

The accusation must be explained when the person is questioned as a suspect. Defense counsel can also generally examine the investigation file under Article 153, subject to lawful restrictions.

2. Can a lawyer inspect a criminal investigation file in Turkey?

As a general rule, Article 153 permits defense counsel to examine the investigation file and obtain copies. However, access can be restricted under legally specified conditions.

3. Can the prosecutor prevent the lawyer from seeing the entire file?

Access can be restricted where the statutory conditions are satisfied, but the mechanism requires the procedural safeguards prescribed by Article 153. The Constitutional Court has emphasized that the power is not unlimited and must not destroy defense rights.

4. Does a file restriction mean the foreigner cannot learn the accusation?

No. Restriction of access to parts of the file is different from keeping the suspect completely unaware of the accusation. The suspect must receive sufficient information to exercise defense rights.

5. Can some documents still be examined despite a restriction order?

Yes. Article 153 provides specific protection for the suspect’s or arrested person’s statement record, expert reports, and records of proceedings at which the relevant persons are entitled to be present.

6. When does an investigation-stage restriction end?

The Constitutional Court has noted that the Article 153 restriction ends automatically when the indictment is accepted by the criminal court.

7. Can a foreigner check a criminal investigation before traveling to Turkey?

Legal counsel may seek to determine the person’s procedural position through available legal channels, including whether an investigation, summons, compulsory appearance measure, or arrest warrant exists. The existence of an investigation alone does not establish that an arrest warrant exists.

8. Does a criminal investigation mean the foreigner will be prosecuted?

No. The purpose of the investigation is to determine whether there is sufficient basis to bring a public prosecution. An investigation can conclude without a criminal trial.

9. Can a foreigner submit evidence showing that the allegation is false?

Yes. Evidence favorable to the suspect can be submitted and requested to be collected. Prosecutors have a statutory responsibility to collect evidence both against and in favor of the suspect.

10. What should a foreigner do if police refuse to explain why they are being called?

The person should verify the police unit and procedural status and avoid guessing about the allegation. Where the situation is unclear or potentially serious, criminal counsel can seek to identify the investigation and available file information before a substantive statement is given.

Legal Support for Foreigners Facing Criminal Investigations in Turkey

Discovering that a criminal investigation exists without knowing the accusation can create significant uncertainty for a foreign national. The situation becomes especially urgent where the person is planning to enter Turkey, has been called to a police station, faces possible detention, or is involved in a commercial, financial, digital, or immigration-related investigation.

Fırat Fesih Kaya Law Office provides criminal-law assistance to foreign nationals, foreign employees, international executives, investors, tourists, students, residence-permit holders, and foreign-owned companies involved in investigations in Turkey.

Lawyer Fırat Fesih Kaya assists foreign clients with identifying criminal investigation files, determining suspect status, examining accessible investigation materials, assessing restriction orders, preparing police and prosecutor statements, submitting exculpatory evidence, evaluating arrest and detention risks, and protecting defense rights throughout criminal investigations.

Early legal review can help a foreigner understand what conduct is actually being investigated before making statements, submitting documents, or making travel decisions that could materially affect the case.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey

This publication is provided for general informational purposes and does not constitute legal advice. Access to an investigation file and the information available to a suspect must be assessed according to the procedural stage, nature of the alleged offence, any judicial restriction decision, and the circumstances of the individual investigation.