Learn when environmental pollution may lead to criminal liability in Turkey, who may be prosecuted within a foreign-owned company, applicable sanctions, investigations, and compliance measures.

Foreign companies operating factories, energy facilities, logistics centers, mines, construction sites, hotels, waste-management plants, chemical facilities, or manufacturing businesses in Turkey must comply with extensive environmental legislation.

An environmental violation may lead to more than an administrative fine. Serious pollution incidents can result in criminal investigations against company executives, factory managers, environmental officers, technical personnel, subcontractors, and other individuals whose conduct contributed to the incident.

Turkey’s environmental enforcement framework principally includes the Turkish Criminal Code, Environmental Law No. 2872, sector-specific regulations, environmental permits, waste rules, emission limits, water-discharge standards, and administrative enforcement procedures. Environmental Law No. 2872 aims to protect the environment under sustainable-environment and sustainable-development principles.

This guide explains the principal criminal risks facing foreign companies in Turkey in 2026.

Can Environmental Pollution Constitute a Crime in Turkey?

Yes.

Environmental pollution may constitute a criminal offence when the statutory conditions under the Turkish Criminal Code are satisfied.

The principal offences include:

• Intentional pollution of the environment
• Negligent pollution of the environment
• Unlawful importation of waste or residues
• Pollution involving dangerous or persistent substances
• Related offences causing injury, illness, or death

Administrative enforcement and criminal proceedings may arise from the same incident because they serve different legal purposes.

Intentional Environmental Pollution Under Article 181

Article 181 of the Turkish Criminal Code regulates intentional pollution of the environment.

A person may face criminal liability where waste or residues are intentionally released into soil, water, or air contrary to legally prescribed technical procedures and in a manner capable of harming the environment.

The basic form of this offence carries a prison sentence of six months to two years.

The offence does not necessarily require proof that the suspect specifically intended to destroy the environment. It may be sufficient to establish that the person knowingly performed the prohibited act under circumstances satisfying the statutory elements.

Criminal Liability for Importing Waste into Turkey

Article 181 also addresses the unauthorized introduction of waste or residues into Turkey.

A person who unlawfully brings waste or residues into the country may face imprisonment from one to three years.

This is particularly important for foreign companies engaged in:

• Recycling
• Scrap trading
• Chemical production
• Waste recovery
• Shipping and logistics
• Manufacturing
• Import-export operations
• Cross-border waste transportation

A shipment described commercially as recyclable raw material may still create criminal exposure if customs declarations, environmental permissions, waste codes, composition reports, or import authorizations are inaccurate.

Aggravated Environmental Pollution

More severe penalties may apply where the relevant waste or substance has characteristics capable of:

• Remaining persistently in soil, water, or air
• Causing illnesses that are difficult to treat
• Damaging reproductive capacity
• Altering the natural characteristics of animals or plants
• Creating serious risks to human or ecological health

The technical composition of the substance is therefore critical.

Chemical testing, laboratory analysis, environmental sampling, and expert evidence often determine whether an aggravated form of the offence is alleged.

Negligent Environmental Pollution Under Article 182

A pollution incident does not need to be intentional for criminal liability to arise.

Article 182 of the Turkish Criminal Code regulates negligent environmental pollution. A person who negligently causes waste or residues to be released into soil, water, or air in a manner harmful to the environment may face a judicial fine.

Where the pollution leaves a persistent effect, imprisonment from two months to one year may be imposed. If the waste is capable of causing difficult-to-treat illnesses, reproductive harm, or changes to the natural characteristics of animals or plants, imprisonment from one to five years may apply.

Negligent liability may arise from failures such as:

• Inadequate maintenance
• Failure to monitor discharge systems
• Defective storage procedures
• Failure to repair leaks
• Poor employee training
• Ignoring environmental warnings
• Improper waste classification
• Failure to supervise contractors
• Insufficient emergency planning
• Operating beyond permit conditions

Can a Foreign Company Itself Be Criminally Convicted?

Under Turkish criminal law, criminal responsibility is principally personal.

This means that criminal prosecution is generally directed against natural persons who committed, ordered, authorized, facilitated, or negligently failed to prevent the unlawful conduct.

Potential suspects may include:

• Board members
• General managers
• Plant managers
• Operations directors
• Environmental managers
• Technical supervisors
• Engineers
• Waste-management officers
• Employees
• Contractors
• Subcontractor managers

However, this does not mean that the company itself is legally unaffected.

For certain forms of intentional environmental pollution, security measures specific to legal entities may be imposed. Article 181 expressly permits legal-entity security measures in relation to specified aggravated conduct.

A company may also face administrative penalties, suspension of operations, permit consequences, cleanup obligations, compensation claims, reputational damage, and contractual disputes.

Can Foreign Directors Be Prosecuted?

Yes.

A foreign director, shareholder representative, regional manager, or expatriate executive may be investigated if there is evidence connecting that person to the alleged offence.

Nationality does not create immunity.

Criminal exposure may arise where the executive:

• Ordered the discharge
• Approved an unlawful waste practice
• Knew about the violation and allowed it to continue
• Ignored repeated environmental warnings
• Failed to establish required control systems
• Concealed test results
• Submitted false information to authorities
• Prevented corrective measures
• Participated in unlawful waste importation

A title alone does not automatically establish guilt. Prosecutors must examine the person’s actual authority, duties, knowledge, conduct, and connection to the incident.

Does Being a Shareholder Create Criminal Liability?

Not automatically.

A passive shareholder is not generally criminally liable merely because the company caused environmental pollution.

Criminal liability requires an individualized assessment of the person’s conduct.

However, a shareholder who actively manages the business, gives operational instructions, approves unlawful practices, or participates in concealing the incident may face investigation.

Can Local Managers Be Blamed Instead of the Foreign Parent Company?

Responsibility cannot lawfully be allocated only by corporate title or nationality.

Investigators may examine the entire decision-making chain, including:

• Parent-company instructions
• Local management decisions
• Budget approvals
• Environmental compliance reports
• Internal emails
• Audit findings
• Board minutes
• Contractor agreements
• Previous warnings
• Maintenance requests
• Incident reports

A foreign parent company’s executive may therefore become relevant where decisions made abroad directly contributed to pollution in Turkey.

Can Both Employees and Managers Be Prosecuted?

Yes.

More than one person may be investigated where different individuals contributed to the offence.

For example:

• A manager may approve an unlawful disposal method.
• An environmental officer may falsify monitoring records.
• An operator may intentionally bypass a treatment system.
• A contractor may transport waste to an unauthorized location.
• A director may ignore repeated compliance warnings.

Each person’s liability must be examined separately.

Administrative Penalties Under Environmental Law No. 2872

Environmental violations may also result in administrative sanctions under Environmental Law No. 2872.

The Ministry of Environment, Urbanization and Climate Change publishes the relevant environmental legislation and enforcement framework.

Administrative consequences may include:

• Monetary penalties
• Suspension of operations
• Closure of facilities
• Permit cancellation or suspension
• Environmental cleanup orders
• Waste-removal obligations
• Remediation costs
• Increased penalties for repeated violations

The 2026 environmental administrative fines were updated through the Communiqué on Administrative Fines Under Environmental Law No. 2872, published in the Official Gazette dated December 30, 2025. The adjusted amounts apply from January 1, 2026.

Because fine amounts vary significantly according to the violation, facility, substance, location, vessel, activity, and repetition history, the exact amount should be calculated under the provision applicable to the specific incident.

Can Both Criminal and Administrative Sanctions Apply?

Yes.

A company may face administrative sanctions while individual managers or employees face criminal investigation arising from the same incident.

There may also be parallel:

• Compensation lawsuits
• Insurance disputes
• Permit proceedings
• Customs investigations
• Workplace-safety investigations
• Public-health proceedings
• Contractual claims
• Regulatory audits

Payment of an administrative fine does not necessarily terminate a criminal investigation.

Which Activities Create the Highest Criminal Risk?

Foreign companies should pay particular attention to operations involving:

• Hazardous waste
• Industrial wastewater
• Air emissions
• Chemical storage
• Petroleum products
• Mining waste
• Medical waste
• Battery and electronic waste
• Construction and demolition waste
• Agricultural chemicals
• Ship-generated waste
• Contaminated soil
• Asbestos
• Waste imports
• Recycling and recovery

High-risk sectors require strict documentation, monitoring, employee training, contractor control, and emergency-response procedures.

What Happens After a Pollution Complaint?

A criminal investigation may begin following:

• A government inspection
• A citizen complaint
• An employee report
• A municipal notification
• A workplace accident
• A visible spill or discharge
• A customs inspection
• A media report
• A laboratory result
• A complaint by a neighboring business

The public prosecutor may instruct police, gendarmerie, environmental authorities, or technical experts to collect evidence.

Which Evidence Is Examined?

Investigators may collect:

• Environmental permits
• Waste-transfer forms
• Disposal records
• Laboratory analyses
• Emission reports
• Wastewater measurements
• Customs documents
• Internal correspondence
• CCTV footage
• Facility records
• Maintenance logs
• Inspection reports
• Employee statements
• Contractor agreements
• Board decisions
• Environmental impact documents
• Digital records

Foreign companies should preserve these materials immediately after discovering a pollution event.

Deleting, altering, concealing, or fabricating records may significantly worsen the legal position and may create additional criminal allegations.

Are Expert Reports Important?

Yes.

Environmental pollution cases frequently depend on technical expert analysis.

Experts may assess:

• Whether pollution occurred
• The source of contamination
• The chemical content of the material
• Whether statutory limits were exceeded
• Whether the pollution was persistent
• Whether the substance presented health risks
• Whether the company followed technical requirements
• Which persons had operational responsibility
• Whether the incident was preventable

A defense lawyer may challenge an incomplete or inaccurate expert report and request additional sampling, laboratory testing, or a new expert panel.

Can Subcontractors Create Liability for the Main Company?

Yes.

Companies frequently outsource waste transportation, recycling, treatment, laboratory testing, or disposal.

However, using a subcontractor does not automatically eliminate the main company’s responsibilities.

Risk may arise where the company:

• Selected an unlicensed contractor
• Failed to verify permits
• Ignored suspicious disposal methods
• Accepted incomplete documentation
• Failed to monitor waste movements
• Used false waste codes
• Knew waste was delivered to an unauthorized site

Contracts should clearly allocate environmental duties, but contractual clauses cannot eliminate criminal responsibility imposed by law.

What If Pollution Was Caused by an Accident?

An accident does not automatically exclude liability.

Authorities will examine whether the incident resulted from:

• Unavoidable circumstances
• A technical defect
• Poor maintenance
• Inadequate supervision
• Failure to install safety systems
• Delayed emergency response
• Ignored warnings
• Negligent storage
• Lack of training

A genuinely unforeseeable and unavoidable event may support the defense. An incident caused by preventable operational failures may lead to negligent criminal liability.

What If the Company Had an Environmental Permit?

Possessing an environmental permit does not provide complete immunity.

A permit only protects activities conducted within its scope and conditions.

Criminal or administrative liability may still arise where:

• Permit limits are exceeded
• Monitoring data is falsified
• Unauthorized waste is accepted
• A facility operates outside approved capacity
• Discharges occur from unapproved points
• Required treatment systems are bypassed
• Authorities receive inaccurate information

Environmental permits must be treated as ongoing compliance obligations rather than one-time approvals.

Can Pollution Causing Injury or Death Lead to Additional Charges?

Potentially, yes.

Where environmental pollution causes bodily injury, disease, poisoning, or death, prosecutors may consider additional offences depending on intent, negligence, causation, and the facts.

Academic analysis of Article 181 notes that where a person’s health is separately harmed, intentional or negligent injury offences may also require consideration.

Medical and scientific causation is often one of the most disputed issues in these cases.

Can Company Premises Be Searched?

Yes, provided that the requirements of Turkish criminal procedure are satisfied.

During an investigation, authorities may seek to search:

• Factories
• Offices
• Warehouses
• Treatment plants
• Vehicles
• Ships
• Digital systems
• Company computers
• Storage areas

Documents, samples, devices, and electronic records may be seized where legally justified.

A company should obtain immediate legal representation during a search and preserve a detailed record of all materials taken.

Can Operations Be Suspended?

Yes.

Environmental authorities may order operations to stop where statutory conditions are satisfied, especially where activities present serious environmental risks or operate without required permits.

A criminal investigation can therefore create an immediate business-continuity problem even before a criminal court judgment is issued.

Can Foreign Executives Leave Turkey During the Investigation?

Not always.

Where a foreign executive becomes a suspect, a court may impose judicial-control measures, including a prohibition on leaving Turkey, depending on the seriousness of the allegations and procedural risks.

Foreign executives should obtain legal advice before traveling after learning of an investigation.

What Should a Foreign Company Do After a Pollution Incident?

The company should act immediately and lawfully.

Important steps include:

1. Stop the continuing source of pollution where safely possible.
2. Activate emergency-response procedures.
3. Notify the competent authorities where required.
4. Protect employees and affected communities.
5. Preserve documents, samples, and digital records.
6. Identify the persons responsible for operational decisions.
7. Notify insurers.
8. Suspend unauthorized disposal or discharge practices.
9. Engage independent environmental experts.
10. Obtain Turkish criminal and environmental law advice.

The company should avoid uncoordinated internal interviews or speculative admissions before the relevant technical facts are established.

How Can Foreign Companies Reduce Criminal Risk?

An effective environmental compliance system should include:

• Valid permits and licenses
• Written operational procedures
• Regular environmental audits
• Waste-tracking systems
• Verified licensed contractors
• Accurate monitoring records
• Employee training
• Emergency-response plans
• Whistleblowing channels
• Board-level reporting
• Clear management responsibilities
• Independent laboratory testing
• Document-retention rules
• Immediate escalation of violations

Compliance should be implemented in practice. Written policies that are routinely ignored may provide little protection.

Importance of Environmental Due Diligence

Foreign investors acquiring Turkish companies should conduct environmental due diligence before closing the transaction.

The review should cover:

• Historical contamination
• Existing permits
• Previous fines
• Waste-disposal records
• Soil and groundwater risks
• Pending investigations
• Environmental litigation
• Contractor compliance
• Remediation liabilities
• Facility expansion permissions

Environmental liabilities may predate the investment but create major financial and operational consequences after acquisition.

How Can a Criminal Defense Lawyer Help?

A lawyer experienced in Turkish criminal and environmental law can:

• Represent executives during questioning
• Attend searches and inspections
• Review seizure procedures
• Coordinate technical experts
• Challenge laboratory and expert reports
• Examine corporate responsibility structures
• Protect legally privileged communications
• Prepare objections to judicial-control measures
• Defend managers and employees
• Coordinate administrative and criminal proceedings
• Develop an emergency legal-response strategy

Early legal representation is especially important where pollution is ongoing, evidence is being collected, or foreign executives may face travel restrictions.

Frequently Asked Questions

1. Can a foreign company be prosecuted for environmental pollution in Turkey?

Criminal proceedings generally focus on responsible individuals, but legal-entity-specific security measures may apply in certain cases. The company may also face substantial administrative, operational, and civil consequences.

2. Can a foreign director go to prison?

Yes, where the evidence proves that the director personally committed, ordered, facilitated, or negligently caused an environmental offence.

3. Is environmental pollution always an intentional offence?

No. Turkish law separately regulates intentional and negligent environmental pollution.

4. Can negligent pollution result in imprisonment?

Yes. Imprisonment may apply where negligent pollution causes persistent environmental effects or involves particularly dangerous waste or residues.

5. Does paying an environmental fine end the criminal case?

Not necessarily. Administrative fines and criminal proceedings are separate legal mechanisms.

6. Can a subcontractor’s actions create liability for the main company?

Yes. Liability may arise if the company failed to verify, supervise, or properly control the contractor’s activities.

7. Does an environmental permit prevent prosecution?

No. Activities outside permit conditions, unlawful discharges, or false reporting may still result in liability.

8. Can authorities shut down the facility?

Yes. Operations may be suspended or closed where statutory conditions are met.

9. Can foreign managers be prevented from leaving Turkey?

Potentially. A court may impose a travel restriction where justified by the circumstances of the criminal investigation.

10. What is the most important step after a pollution incident?

The company should stop ongoing harm, preserve evidence, comply with notification duties, engage environmental experts, and obtain immediate legal advice.

Client-Focused Legal Support

Environmental investigations can expose foreign companies to criminal prosecution, administrative fines, facility closures, compensation claims, permit consequences, and serious reputational damage.

Fırat Fesih Kaya Law Office represents foreign companies, international investors, directors, plant managers, environmental officers, logistics operators, manufacturers, and technical personnel in environmental criminal investigations and regulatory proceedings in Turkey.

Lawyer Fırat Fesih Kaya provides legal assistance in environmental pollution allegations, unlawful waste importation, hazardous-waste investigations, factory searches, executive interviews, expert-report objections, administrative sanctions, and related criminal proceedings.

Phone: +90 312 434 22 22

Mobile: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey

This publication provides general legal information and does not constitute legal advice. Environmental criminal liability must be assessed according to the facts, permits, technical evidence, applicable legislation, and procedural status of each case.