Foreign Defendant Wants to Attend a Criminal Hearing by Video From Abroad: Is It Possible? (2026 Updated Guide)

Can a foreign defendant attend a Turkish criminal hearing by video from abroad? Learn about Turkish criminal procedure, remote participation, interrogation, defense rights and alternatives.

A foreign defendant who is living outside Turkey may want to participate in a Turkish criminal proceeding without returning to Turkey for every hearing. This can be especially important where the defendant has residence, employment, family or business obligations abroad, or where returning to Turkey could create immigration or detention concerns.

The answer is potentially yes, but not every Turkish criminal hearing can simply be attended by an ordinary video call from abroad.

Turkish criminal procedure distinguishes between the defendant’s physical presence, exemption from attendance, interrogation by judicial assistance and participation through simultaneous audio-visual communication. The applicable procedure depends on the stage of the case, whether the defendant has already been interrogated, the seriousness of the offence and the court’s assessment of the circumstances.

Is Video Attendance From Abroad Automatically Allowed?

No.

A foreign defendant cannot normally assume that a court will allow participation through Zoom, WhatsApp, FaceTime or another ordinary internet platform merely because the defendant lives abroad.

Turkish criminal procedure contains specific mechanisms for dealing with defendants who are outside Turkey.

Under Article 196 of the Turkish Criminal Procedure Code, where a defendant located abroad has difficulty being physically present on the scheduled hearing date, the court may arrange an earlier hearing or obtain the defendant’s interrogation through judicial assistance.

The precise mechanism therefore needs to be requested from and approved through the competent Turkish court.

What Does Article 196 of the Criminal Procedure Code Provide?

Article 196 is particularly important for defendants who are outside Turkey.

It provides that a defendant located abroad who has difficulty being present on the scheduled hearing date may be interrogated through a hearing opened before that date or through judicial assistance.

This does not mean that every foreign defendant automatically receives a direct video connection to the Turkish courtroom.

The court must determine the appropriate procedural method.

Is SEGBİS Available From Any Foreign Country?

This distinction is extremely important.

Article 196 expressly provides for simultaneous audio-visual communication in circumstances determined by the judge or court, but the provision concerning such technology specifically addresses a defendant located in Turkey.

Accordingly, a foreign defendant living abroad should not simply assume that the Turkish court can connect directly to the defendant’s private computer overseas using the ordinary domestic SEGBİS procedure.

For an overseas defendant, international judicial assistance or another legally appropriate mechanism may instead be necessary.

Can the Defendant Be Interrogated in the Country Where They Live?

Potentially.

Article 196 provides a mechanism for an overseas defendant’s interrogation through judicial assistance when attendance at the scheduled Turkish hearing is difficult.

The practical implementation can depend on the country where the defendant is located, applicable international cooperation rules and the requirements of the Turkish court.

Does the Defendant Have to Return to Turkey?

Not necessarily for every hearing.

The court may determine that the defendant’s physical presence is not necessary at every stage, particularly where the defendant has already been properly interrogated and the legal conditions for exemption from attendance are satisfied.

Article 196 allows a defendant whose interrogation has already been conducted to be exempted from attending subsequent hearings upon the appropriate request and court decision.

Why Is the Initial Interrogation Particularly Important?

The defendant’s sorgu, or formal judicial interrogation, is not the same thing as simply giving information to the police or sending a written statement.

Whether the defendant has already been formally interrogated can materially affect the court’s ability to conduct later hearings without the defendant being physically present.

This should therefore be assessed at the beginning of the case.

Can a Lawyer Attend the Hearing Instead?

The defense lawyer has an important role even when the defendant is not physically present.

Turkish Criminal Procedure Code Article 197 provides that the defense lawyer may attend hearings even when the defendant is absent.

For a foreign defendant living abroad, a Turkish criminal defense lawyer can therefore remain present in the proceedings, monitor procedural developments and make appropriate applications concerning the defendant’s attendance.

Can the Court Finish the Case Without the Defendant?

Sometimes, but not as a general rule.

Article 193 establishes the principle that, subject to statutory exceptions, a hearing is not conducted against an absent defendant. The law also contains specific circumstances in which proceedings may continue or conclude without the defendant’s physical presence.

The precise circumstances must therefore be examined rather than assuming that absence automatically prevents the case from continuing.

What If the Defendant Cannot Travel Because of Immigration Problems?

This can be particularly important for foreign nationals.

A defendant may be outside Turkey because of:

• Entry restrictions;
• Visa problems;
• Residence-permit problems;
• Deportation proceedings;
• An existing arrest warrant;
• Passport problems;
• Pending immigration proceedings;
• Fear of detention upon entering Turkey.

These circumstances should be disclosed to the defense lawyer so that the court can be presented with a complete explanation of why physical attendance may be difficult.

What If There Is an Arrest Warrant?

This requires special attention.

A defendant should not assume that returning to Turkey merely to attend a hearing is safe if an arrest warrant, detention order or other enforcement measure may exist.

Before traveling, the defense should investigate the procedural status of the criminal case and determine whether any outstanding judicial measure could result in detention.

Can a Lawyer Request Remote Participation?

Yes, the defense can make an application explaining why the defendant cannot reasonably attend in person and proposing the legally available procedural mechanism.

The request should not simply say:

“The defendant wants to attend by video.”

It should explain:

• Where the defendant is located;
• Why physical attendance is difficult;
• Whether the defendant has already been interrogated;
• The stage of the criminal case;
• The seriousness of the alleged offence;
• Whether international judicial assistance is required;
• Whether the defendant can participate through an approved procedure;
• Why the proposed arrangement protects the defendant’s defense rights.

What Documents Should Support the Request?

Depending on the circumstances, useful evidence may include:

• Passport information;
• Residence documents;
• Employment records;
• Medical documentation;
• Travel restrictions;
• Immigration documents;
• Evidence of family circumstances;
• Existing foreign proceedings;
• Previous Turkish court records.

The documents should directly support the reason why physical attendance is difficult.

Can a Private Video Call Replace a Formal Hearing?

Generally, a defendant should not independently arrange a private video call with the Turkish judge or court clerk and assume that it constitutes lawful participation.

Formal criminal proceedings require compliance with procedural safeguards.

The court should determine the appropriate method.

What If the Defendant Is in the United States, United Kingdom or European Union?

The country of residence can matter because international judicial cooperation mechanisms differ between jurisdictions.

The defense should determine which procedure is available between Turkey and the country where the defendant is located.

A method that is practically available in one jurisdiction may not operate identically in another.

What If the Defendant Lives in a Country With No Practical Judicial Cooperation?

The situation can become more complicated.

The defense may need to focus on other lawful mechanisms, including exemption from attendance after interrogation where legally available, rather than assuming that a foreign court or authority can automatically conduct the interrogation.

Can the Defendant Submit a Written Defense Instead?

A written defense can be useful, but it does not necessarily replace formal interrogation or other mandatory procedural steps.

The defense should determine what the court specifically requires.

Can the Defendant Give a Statement Through a Turkish Embassy or Consulate?

Potentially relevant mechanisms may exist through international judicial assistance, but the exact procedure should not be assumed merely because a Turkish diplomatic mission exists in the defendant’s country.

The competent Turkish court and applicable cooperation framework determine the appropriate process.

What If the Defendant Is a Foreign National Who Does Not Speak Turkish?

Language rights become especially important.

The defendant should be able to understand the proceedings and communicate effectively with defense counsel. Any proposed remote or international interrogation procedure should therefore address interpretation requirements.

A foreign defendant should not agree to proceed through a language they do not adequately understand simply to avoid appearing in person.

Can the Defendant Refuse to Answer Questions?

The right against self-incrimination and the defendant’s procedural rights remain relevant regardless of nationality.

Before any formal interrogation, the defense lawyer should explain the defendant’s rights and the consequences of making particular statements.

Should the Defendant Travel to Turkey Before Asking for Remote Participation?

Not necessarily.

If the purpose of the application is to avoid unnecessary travel or detention risk, the defense should first determine the procedural status of the case and available alternatives.

Traveling first and asking questions later can create unnecessary risks.

What If the Court Rejects the Request?

The defense should obtain the court’s decision and examine the legal reasoning.

The next step may involve a renewed procedural request, clarification, an application concerning exemption from attendance or another remedy depending on the stage of the proceedings.

The response should be based on the actual court decision rather than assumptions.

What If the Defendant Misses a Hearing?

Do not simply ignore the hearing.

The defendant’s absence can have procedural consequences, depending on the stage of the case and the nature of the offence.

The lawyer should contact the court file promptly and determine what happened.

Can the Court Order the Defendant to Be Brought to Turkey?

Depending on the circumstances and applicable procedural rules, compulsory attendance mechanisms can become relevant where a defendant does not appear without a valid reason.

Article 193 provides that a defendant who does not appear without a valid reason may be subject to an order for compulsory appearance, subject to the statutory framework.

Does Living Abroad Protect the Defendant From the Turkish Criminal Case?

No.

Residence outside Turkey does not automatically suspend a Turkish criminal proceeding.

The defendant should actively monitor the case through Turkish counsel.

Can the Defendant Participate in Every Hearing From Abroad?

There is no universal right to attend every hearing remotely from a private location abroad.

The court may require physical attendance or use a legally recognized judicial-assistance procedure for particular stages, especially where the defendant’s personal presence or formal interrogation is considered necessary.

What About the Final Hearing?

The final stage of a criminal proceeding requires particular attention.

The defendant should not assume that because earlier hearings were conducted without personal attendance, the same arrangement will automatically apply when the court is preparing to conclude the case.

The defense should determine in advance whether personal attendance, exemption or another procedural arrangement is required.

Why Early Planning Matters

A foreign defendant who waits until the day before a hearing to request remote participation may create avoidable procedural difficulties.

International judicial assistance can require coordination between authorities, documents and sufficient time.

The request should therefore be prepared well before the hearing date.

Prepare a Cross-Border Defense Plan

A foreign defendant should establish:

Turkish criminal file

→ current procedural stage

→ outstanding judicial measures

→ whether formal interrogation has occurred

→ country of residence

→ available international cooperation mechanism

→ attendance/exemption strategy

→ defense lawyer’s participation

This approach is generally safer than simply asking whether “Zoom is allowed.”

What Should a Foreign Defendant Do Before the Next Hearing?

The defendant should immediately obtain the current case information, confirm the next hearing date, determine whether there is an arrest or compulsory-appearance measure, establish whether formal interrogation has already occurred, provide the lawyer with evidence explaining why travel is difficult and ask the court for the legally appropriate attendance or judicial-assistance arrangement.

Frequently Asked Questions

Can a foreign defendant attend a Turkish criminal hearing by video from abroad?

Potentially, but there is no automatic right to participate through an ordinary private video call. The court must determine the appropriate procedural mechanism.

Does Turkish law allow a defendant abroad to be interrogated without returning to Turkey?

Potentially. Article 196 provides that when an overseas defendant has difficulty being present on the scheduled date, interrogation may be conducted through an earlier hearing or judicial assistance.

Is SEGBİS automatically available to defendants living abroad?

No. The statutory provision concerning simultaneous audio-visual participation specifically addresses a defendant located in Turkey. Overseas cases may require a different judicial-assistance mechanism.

Does the defendant have to attend every hearing personally?

Not necessarily. Once the defendant’s interrogation has been conducted, the court may exempt the defendant from attendance under the applicable conditions.

Can the Turkish defense lawyer attend without the foreign defendant?

Yes. Article 197 provides that the defense lawyer may attend hearings even when the defendant is absent.

What if the foreign defendant cannot enter Turkey because of an immigration problem?

The reason should be documented and presented to the criminal court. The defense should also determine whether any arrest, entry restriction or other judicial measure exists.

What if the defendant does not speak Turkish?

The defense should ensure that appropriate interpretation and communication safeguards are addressed before any formal interrogation or important hearing.

Can the defendant simply send a written statement instead?

A written defense may be useful but does not necessarily replace a formal judicial interrogation or other mandatory procedural step.

What happens if the defendant ignores the hearing?

Depending on the circumstances, the court may use compulsory-appearance mechanisms or other procedures permitted by law. Article 193 provides that unjustified absence can lead to an order for compulsory appearance, subject to statutory exceptions.

What is the safest first step for a foreign defendant living abroad?

Before traveling to Turkey or ignoring the hearing, the defendant should have Turkish counsel check the criminal file, identify any outstanding judicial measures and determine whether exemption, judicial assistance or another lawful participation mechanism is available.

Client-Focused Legal Support for Foreign Defendants Living Abroad

A foreign defendant living outside Turkey may face a combination of criminal-procedure, immigration, arrest, travel and international judicial-assistance issues. Fırat Fesih Kaya Law Office assists foreign nationals involved in Turkish criminal proceedings while living abroad. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing criminal files, checking arrest and compulsory-appearance measures, requesting appropriate attendance arrangements, coordinating judicial-assistance procedures, protecting defense rights and representing foreign defendants before Turkish criminal courts.

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