Code of Criminal Procedure

(1) This Code regulates the rules on how criminal proceedings are to be conducted and the rights, powers and obligations of the persons taking part in this process.

(1) In the application of this Code;

a) Suspect: the person under suspicion of an offence during the investigation stage,

b) Accused: the person under suspicion of an offence from the commencement of the prosecution until the judgment becomes final,

c) Defence counsel: the lawyer who conducts the defence of the suspect or the accused in criminal proceedings,

d) Attorney: the lawyer who represents the intervening party, the person harmed by the offence or the person with pecuniary liability in criminal proceedings,

e) Investigation: the stage running from the moment the authorities competent under the law learn of the suspicion of an offence until the acceptance of the indictment,

f) Prosecution: the stage beginning with the acceptance of the indictment and running until the judgment becomes final,

g) Taking a statement: the hearing of the suspect by law enforcement officers or the public prosecutor in relation to the offence that is the subject of the investigation,

h) Interrogation: the hearing of the suspect or the accused by the judge or the court in relation to the offence that is the subject of the investigation or prosecution,

i) Person with pecuniary liability: the person who, after the matter under trial has been adjudicated and the judgment has become final, bearing material and financial liability, will be affected by or will have to bear the consequences of the judgment,

j) Flagrante delicto (in the act):

1. An offence that is in the course of being committed,

2. An offence committed by a person who is caught while being pursued by law enforcement, the person harmed by the offence or others in respect of an act just committed or immediately after the commission of the act,

3. An offence committed by a person caught with items or evidence showing that the act was committed only a very short time before,

k) Collective offence: an offence committed by three or more persons, even if there is no intention of complicity among them,

l) Disciplinary imprisonment: imprisonment imposed on account of an act made subject to a sanction for the purpose of protecting a partial order, which cannot be converted into alternative sanctions, to which prepayment cannot be applied, which does not form the basis for recidivism, to which the provisions on conditional release cannot be applied, which cannot be suspended and which is not entered in the judicial records,

Shall mean.

(1) The jurisdiction of courts shall be determined by law.

(2) Added: 26/6/2009, Law No. 5918, Art. 6 Repealed: 2/7/2018, Decree-Law No. 700, Art. 159

(1) The court hearing the action may decide ex officio, at every phase of the prosecution stage, whether or not it has jurisdiction. The provision of Article 6 is reserved.

(2) Where a dispute arises between courts concerning jurisdiction, the competent court shall be determined by the common higher court.

(1) If, after the acceptance of the indictment, it is understood that the matter exceeds or falls outside the jurisdiction of the court hearing the action, the court shall, by a decision, send the matter to the court having jurisdiction.

(2) An objection may be lodged against decisions of lack of jurisdiction rendered with respect to courts within the ordinary judiciary.

Amended: 6/12/2006, Law No. 5560, Art. 16

(1) At the main hearing, a decision of lack of jurisdiction may not be rendered and the file sent to a lower court on the ground that the legal characterisation of the offence has changed.

(1) Except for those that cannot be repeated, acts performed by a judge or court lacking jurisdiction shall be null and void.

(1) Where a person is accused of more than one offence, or where there is more than one accused in an offence in whatever capacity, connection shall be deemed to exist.

(2) Acts of protecting the offender, destroying, concealing or altering evidence of the offence after the commission of the offence shall also be deemed connected offences.

(1) Where each of the connected offences falls within the jurisdiction of different courts, an action may be brought in respect of them jointly before the court of higher jurisdiction.

(1) At every phase of the prosecution stage, the court of higher jurisdiction may decide to join or separate connected criminal actions.

(2) In joined actions, the trial procedure to which the court hearing those actions is subject shall apply.

(3) Actions separated after the merits of the matter have been entered into shall continue before the same court.

(1) If the court finds a connection among several actions it is hearing, even if this connection is not of the kind indicated in Article 8, it may decide to join these actions in order to hear them together and adjudicate them.

(1) Jurisdiction to hear the action belongs to the court of the place where the offence was committed.

(2) In attempts, the court of the place where the last act of execution was performed; in continuing offences, the court of the place where the continuity ended; and in successive offences, the court of the place where the last offence was committed shall have jurisdiction.

(3) If the offence was committed by means of a printed work published in the country, jurisdiction belongs to the court of the place that is the centre of publication of the work. However, where the same work is printed in more than one place and the offence occurred in an edition other than that at the centre of publication of the work, the court of the place where the work was printed shall also have jurisdiction for that offence.

(4) In the offence of insult, the investigation and prosecution of which are subject to complaint, if the work has been distributed at the domicile or the place of residence of the victim, the court of that place shall also have jurisdiction. If the victim is detained or convicted in a place other than the place where the offence was committed, the court of that place shall also have jurisdiction.

(5) The provision of the third paragraph of this Article shall also apply to visual or audio broadcasts. If the visual and audio broadcast has been heard or seen at the domicile and the place of residence of the victim, the court of that place shall also have jurisdiction.

(6) Added: 8/7/2021, Law No. 7331, Art. 10 In offences committed by using information systems, banks or credit institutions, or bank or credit cards as an instrument, the courts of the domicile of the victim shall also have jurisdiction.

(1) If the place where the offence was committed is not known, the court of the place where the suspect or the accused was apprehended or, if he has not been apprehended, the court of his domicile shall have jurisdiction.

(2) If the suspect or the accused has no domicile in Türkiye, the court of the place of his last address in Türkiye shall have jurisdiction.

(3) If it is not possible to determine the court in this manner either, the court of the place where the first procedural act was performed shall have jurisdiction.

(1) In offences committed in a foreign country that must be investigated and prosecuted in Türkiye pursuant to provisions of law, jurisdiction shall be determined in accordance with the first and second paragraphs of Article 13.

(2) Nevertheless, upon the request of the public prosecutor, the suspect or the accused, the Court of Cassation may confer jurisdiction on the court of a place closer to the place where the offence was committed.

(3) In such offences, if the suspect or the accused has not been apprehended in Türkiye, has not settled in Türkiye or has no address there, the competent court shall be determined by the Court of Cassation upon the request of the Minister of Justice and the application of the Chief Public Prosecutor of the Court of Cassation.

(4) The competent court for offences committed by Turkish public officials who are in foreign countries and enjoy diplomatic immunity shall be the Ankara court.

(1) If the offence was committed on a ship entitled to fly the Turkish flag, or while such a vessel was outside Türkiye, the court located at the first Turkish port at which the ship calls or at its home port shall have jurisdiction.

(2) The provisions of the above paragraph shall also apply to aircraft and railway vehicles entitled to fly the Turkish flag.

(3) In offences committed within the country on board or by means of sea, air or railway vehicles, the court of the place they first reach shall also have jurisdiction.

(4) Where the offence of polluting the environment is committed by a ship flying a foreign flag outside Turkish territorial waters, the court of the place nearest to the place where the offence was committed, or of the place where the port at which the ship first calls in Türkiye is located, shall have jurisdiction.

(1) Connected criminal actions each of which falls within the jurisdiction of different courts according to the above Articles may be joined and heard before any one of the competent courts.

(2) If the hearing of connected criminal actions has commenced before different courts, all or some of these actions may be joined before one of these courts upon an agreement to be reached between the courts, provided that it conforms with the requests of the public prosecutors.

(3) If no agreement is reached, upon the request of the public prosecutor or the accused, the common higher court shall decide whether joinder is necessary and, if so, before which court the actions shall be joined.

(4) The separation of joined actions shall also take place in this manner.

(1) If a positive or negative conflict of jurisdiction arises between several judges or courts, the common higher court shall determine the competent judge or court.

(1) The accused shall raise the plea of lack of jurisdiction, in courts of first instance, before his interrogation at the main hearing and, in regional courts of appeal, before the commencement of the examination and, in matters heard with a hearing, before the reading of the examination report.

(2) The decision on the plea of lack of jurisdiction shall be rendered, in courts of first instance, before the interrogation of the accused and, in regional courts of appeal, at the very beginning of the examination in matters examined without a hearing and, in matters heard with a hearing, before the examination report is read. After these phases, just as no plea of lack of jurisdiction may be raised, the courts may not decide on this issue ex officio either.

(3) An objection may be lodged against decisions of lack of jurisdiction.

(1) If the competent judge or court is unable to perform its duty for legal or factual reasons, the higher court shall decide to transfer the action to a court of the same degree located elsewhere.

(2) If conducting the prosecution in the place where the court having subject-matter and territorial jurisdiction is located would be dangerous for public security, the Minister of Justice shall request the transfer of the action from the Court of Cassation.

(3) Added: 24/11/2016, Law No. 6763, Art. 21 The court may decide, for factual reasons or on grounds of security, that the main hearing be held at another place within the boundaries of the province. An objection may be lodged against this decision.

(1) Acts performed by a judge or court lacking territorial jurisdiction shall not be deemed null and void solely on account of the lack of territorial jurisdiction.

(1) A judge or court, even if not competent, shall perform the necessary acts within its judicial district in cases where delay would be prejudicial.

(1) A judge;

a) If he himself has been harmed by the offence,

b) If there has been a marital, guardianship or curatorship relationship between him and the suspect, the accused or the victim, even if it has subsequently ended,

c) If he is one of the ascendants or descendants, by blood or by marriage, of the suspect, the accused or the victim,

d) If there is an adoptive relationship between him and the suspect, the accused or the victim,

e) If there is a blood relationship up to and including the third degree between him and the suspect, the accused or the victim,

f) If there is a relationship by marriage up to and including the second degree between him and the suspect, the accused or the victim, even if the marriage has ended,

g) If he has acted in the same case as public prosecutor, in the capacity of judicial law enforcement, as defence counsel for the suspect or the accused or as attorney for the victim,

h) If he has been heard in the same case as a witness or expert,

May not perform the duty of judge.

(1) A judge who took part in a decision or judgment may not take part in the decision or judgment to be rendered by the higher court in relation to that judgment.

(2) A judge who has acted in the investigation stage in the same matter may not act in the prosecution stage.

(3) In the event of a retrial, the judge who acted in the previous trial may not act in the same matter.

(1) Just as the disqualification of a judge may be requested in cases where he may not hear the case, his disqualification may also be requested on account of other reasons that would cast doubt on his impartiality.

(2) The public prosecutor; the suspect, the accused or their defence counsel; the intervening party or his attorney may request the disqualification of a judge.

(3) If any one of them so requests, the names of the judges who will take part in the decision or judgment shall be notified to him.

(1) The disqualification of a judge on account of reasons that would cast doubt on his impartiality may be requested, in courts of first instance, until the interrogation of the accused begins; in matters heard with a hearing, in regional courts of appeal until the examination report, and at the Court of Cassation until the report written by the member or the rapporteur judge assigned, is disclosed to the members. In other cases, the disqualification of a judge may be requested until the examination begins.

(2) On account of reasons that arise or become known subsequently, the disqualification of a judge may also be requested until the main hearing or the examination ends. However, this request must be made within seven days from the date on which the ground for disqualification becomes known.

(1) The disqualification of a judge shall be requested by a petition to be submitted to the court to which he belongs or by applying to the court clerk for the drawing up of a record on this matter.

(2) The person requesting disqualification is obliged to disclose all the grounds for disqualification he has learned of at once and to set them out together with the relevant facts within the time limit.

(3) The judge whose disqualification is requested shall state in writing his views on the grounds for disqualification.

(1) The request for disqualification of a judge shall be decided by the court to which he belongs. However, the judge whose disqualification is requested may not take part in the deliberations. If the court cannot be constituted for this reason, the decision on this matter shall belong;

a) If the judge whose disqualification is requested belongs to a criminal court of first instance, to the assize court located within the judicial district of that court,

b) If the judge whose disqualification is requested belongs to an assize court, where there is more than one chamber of the assize court in that place, to the chamber following it in number, and for the last-numbered chamber, to chamber number (1); where there is a single chamber of the assize court in that place, to the nearest assize court,

To the court indicated above.

(2) If the request for disqualification is directed against a criminal judgeship of peace, the criminal court of first instance within whose judicial district it is located shall decide, and if it is directed against a single judge, the assize court within whose judicial district he is located shall decide.

(3) Requests for the disqualification of the presiding judges and members of the criminal chambers of regional courts of appeal shall be examined and decided by the chamber in which they serve, without the participation of the presiding judge or member whose disqualification is requested.

(4) If the request for disqualification is accepted, another judge or court shall be assigned to hear the case.

(1) Decisions accepting the request for disqualification are final; an objection may be lodged against decisions rejecting it. The decision of rejection rendered upon objection shall be reviewed together with the judgment.

(1) The judge whose disqualification is requested shall, until a decision is rendered on the disqualification, perform only acts where delay would be prejudicial.

(2) However, where the judge is challenged during a session, the session shall continue without adjournment even if an adjournment would be necessary in order to render a decision on this matter. Provided that, the hearing of the claims and final words of the parties pursuant to Article 216 may not be proceeded with, and the next session may not be commenced by the challenged judge or with his participation before a decision is rendered on the disqualification.

(3) Where it is decided to accept the request for disqualification, the main hearing shall be repeated, except for the acts performed due to a situation where delay would be prejudicial.

(1) Where a judge recuses himself on grounds requiring his disqualification by law, the reviewing authority shall assign another judge or court to hear the case.

(2) Where a judge recuses himself by putting forward reasons that would cast doubt on his impartiality, the reviewing authority shall decide whether the recusal is appropriate. If the recusal is found appropriate, another judge or court shall be assigned to hear the case.

(3) The provision of Article 29 shall apply to acts performed in cases where delay would be prejudicial.

(1) The court shall dismiss a request for disqualification of a judge raised in the prosecution stage in the following cases:

a) If the request for disqualification has not been made within the time limit.

b) If the ground for disqualification and its evidence have not been indicated.

c) If it is clearly understood that the request for disqualification has been made for the purpose of prolonging the main hearing.

(2) In these cases, the request for disqualification shall be dismissed, in collegial courts, with the participation of the challenged judge in the deliberations, and in single-judge courts, by the challenged judge himself.

(3) An objection may be lodged against decisions on this matter.

(1) The provisions set out in this Chapter shall also apply to court clerks.

(2) Where a court clerk is challenged or withdraws from duty by stating the reasons requiring his disqualification, the necessary decision shall be rendered by the presiding judge of the court or the judge with whom he works.

(3) The authority that will decide on a request for disqualification of the court clerk together with the judge in the same matter, or on their withdrawal, shall be determined according to the judge.

(1) Decisions to be rendered at the main hearing shall be rendered after the public prosecutor, the defence counsel, the attorney and the other interested persons present at the main hearing have been heard; decisions outside the main hearing shall be rendered after the written or oral opinion of the public prosecutor has been obtained.

(1) Every kind of decision of judges and courts, including dissenting opinions, shall be written with reasons. In writing the reasoning, Article 230 shall be taken into account. Dissenting opinions shall also be shown in copies of the decisions.

(2) Decisions shall specify the legal remedy that may be sought, its time limit, the competent authority and its forms.

(1) A decision rendered in the presence of the party concerned shall be pronounced to him and, if he so wishes, a copy of the decision shall also be given to him.

(2) Except for those relating to protective measures, decisions of judges or courts against which a legal remedy may be sought shall be served on the person concerned who could not be present.

(3) If the party concerned is a person deprived of liberty or detained, the decision served shall be read out and explained to him.

(1) The presiding judge of the court or the judge shall carry out all kinds of service of documents and the correspondence with all natural persons or legal persons of private law or with public institutions and organisations.

(2) Decisions to be executed shall be delivered to the Chief Public Prosecutor's Office.

(1) Service of documents shall be carried out in accordance with the provisions set out in the relevant law, without prejudice to the special provisions set out in this Code.

(2) Where international treaties accept that written documents be sent directly by post or by other means of communication, service abroad shall be effected by registered post with acknowledgement of receipt or by other means of communication.

(1) Service on the Chief Public Prosecutor's Office shall be effected by delivering the original of the document to be served. If a time limit begins to run upon service, the day of delivery shall be written on the original of the document by the Chief Public Prosecutor's Office.

Added: 2/7/2012, Law No. 6352, Art. 95

(1) The National Judiciary Informatics System (UYAP) shall be used in all criminal procedure acts. All data, information, documents and decisions relating to these acts shall be processed, recorded and stored through UYAP.

(2) Except for the exceptions provided in laws, files may be examined and all criminal procedure acts may be performed through UYAP by using a secure electronic signature.

(3) All documents and decisions required to be prepared physically within the scope of this Code may be drawn up, processed and stored in electronic form and signed with a secure electronic signature.

(4) Documents and decisions signed with a secure electronic signature shall be sent to other persons or institutions electronically. Documents or decisions signed with a secure electronic signature and sent in this manner shall not, unless necessary, also be drawn up physically and sent to the relevant institutions and persons.

(5) Where an electronically signed document conflicts with a document bearing a handwritten signature, the document bearing a secure electronic signature recorded in UYAP shall be deemed valid.

(6) The provisions of laws providing for sealing and for the drawing up of more than one copy shall not apply to documents and decisions signed with a secure electronic signature.

(7) Documents or decisions drawn up physically for compelling reasons shall be scanned by authorised persons and transferred to UYAP and, where necessary, sent electronically to the relevant units.

(8) In cases where a physical copy must be produced from the electronic medium, it shall be signed and sealed by the judge, the public prosecutor or the authorised person assigned, with a statement that it is identical to the original record or document.

(9) In acts performed electronically, the time limit shall expire at the end of the day.

(10) Information, documents and records such as population, title deed and judicial record entries needed by judicial units and obtained through UYAP from external information systems shall not, unless compelling, also be requested physically. Information and documents sent from UYAP to external information systems shall not, unless compelling, also be sent physically.

(11) The procedures and principles concerning the performance of criminal procedure acts in UYAP shall be regulated by a regulation to be issued by the Ministry of Justice.

(1) Time limits determined in days shall begin to run on the day following the day on which service was effected.

(2) Where the time limit is determined in weeks, it shall expire at the end of working hours on the day of the last week corresponding by name to the day on which service was effected.

(3) Where the time limit is determined in months, it shall expire at the end of working hours on the day of the last month corresponding by number to the day on which service was effected. If there is no day corresponding by number in the month in which it ends, the time limit shall expire at the end of working hours on the last day of the month.

(4) If the last day falls on a holiday, the time limit shall expire on the day following the holiday.

(1) A person who has missed a time limit without fault may request restoration to the previous state (reinstatement).

(2) A person shall also be deemed to be without fault where he or she was not notified of the right to apply for a legal remedy.

(1) The petition for reinstatement shall be submitted, within two weeks from the removal of the impediment, to the court that would have performed the procedural acts had the time limit been observed.

(2) The petitioner shall explain the facts showing that he or she was not at fault in missing the time limit, attaching any supporting documents. The procedural acts that could not be performed shall also be carried out at the time the petition is submitted.

(1) The court that would have ruled on the merits had the procedural act been performed within the time limit shall also decide on the petition for reinstatement.

(2) The decision granting the request for reinstatement shall be final; an objection may be lodged against the decision rejecting it.

(3) The petition for reinstatement shall not stay the execution of the decision; however, the court may postpone execution.

(1) Witnesses shall be summoned by a summons. The consequences of failure to appear shall be stated in the summons. In cases involving detained persons, a decision for compelled appearance may be issued for witnesses. The reasons for bringing them in this manner shall be stated in the decision, and the procedure applicable to witnesses appearing upon a summons shall be applied to them.

(2) This summons may also be made by using means such as telephone, telegraph, fax or electronic mail. However, in such case the consequences attached to the summons shall not apply.

(3) The court may order the officers in writing to ensure that witnesses whose immediate hearing is deemed necessary during the continuation of the hearing are present on the day and at the time it specifies.

(4) The President of the Republic may, at his or her own discretion, refrain from testifying. If he or she wishes to testify, the statement may be taken at his or her residence or may be sent in writing.

(5) The provisions of this article may be applied only where the person is heard as a witness before the public prosecutor, the judge or the court.

(1) Witnesses who, having been duly summoned, fail to appear without giving notice of an excuse shall be brought by compulsion, and the expenses caused by their failure to appear shall be assessed and collected in accordance with the procedure for the collection of public receivables. If a witness brought by compulsion subsequently states reasons justifying the earlier failure to appear, the expenses ordered against him or her shall be cancelled. Added sentence: 8/7/2021, Law No. 7331, Art. 11 Where contact details such as telephone, telegraph, fax or electronic mail are available in the file, the decision for compelled appearance shall also be notified to the witness by using these means.

(2) A decision for compelled appearance concerning soldiers on active service shall be executed through the military authorities.

(1) The following persons may refuse to testify:

a) The fiancé or fiancée of the suspect or accused.

b) The spouse of the suspect or accused, even if the marriage bond no longer exists.

c) The ascendants or descendants of the suspect or accused by blood or by marriage.

d) Relatives of the suspect or accused by blood up to and including the third degree or by marriage up to and including the second degree.

e) Persons having a bond of adoption with the suspect or accused.

(2) Persons who, owing to minority, mental illness or mental deficiency, are not in a position to understand the significance of refusing to testify may be heard as witnesses with the consent of their legal representatives. If the legal representative is the suspect or accused, he or she may not decide on the refusal of these persons.

(3) Persons who may refuse to testify shall be informed, before being heard, that they may refuse to testify. These persons may refuse to testify at any time, even while being heard.

(1) The persons who may refuse to testify by reason of their profession and permanent occupation, and the subjects and conditions of refusal, are as follows:

a) Information learned by attorneys, their trainees or assistants by virtue of these capacities or by reason of the judicial duty they have undertaken.

b) Information learned by physicians, dentists, pharmacists, midwives and their assistants, and all other members of medical professions or arts, by virtue of these capacities, about patients and their relatives.

c) Information learned by consultants appointed in financial matters and by notaries, by virtue of these capacities, about the persons to whom they provide services.

(2) Persons other than those specified in subparagraph (a) of the above paragraph may not refuse to testify where the person concerned has given consent.

(1) Information relating to the facts of an offence may not be kept secret from the court as a State secret. Information whose disclosure could harm the foreign relations, national defence and national security of the State, or create danger to the constitutional order and to its foreign relations, shall be deemed a State secret.

(2) Where the information that is the subject of the testimony constitutes a State secret, the witness shall be heard solely by the judge or the panel of the court, without even the court clerk being present. The judge or the presiding judge of the court shall thereafter have entered in the record only such information from these statements of the witness as may clarify the offence charged.

(3) The provision of this article shall be applied in relation to offences for which the lower limit of imprisonment is five years or more.

(4) Where the testimony of the President of the Republic is concerned, he or she shall personally assess the nature of the secret and whether it is to be disclosed to the court.

(1) A witness may refuse to answer questions of a nature that could expose himself or herself or the persons specified in paragraph 1 of Article 45 to criminal prosecution. The witness shall be informed in advance that he or she may refuse to answer.

(1) Where deemed necessary by the presiding judge, the judge or the public prosecutor, in the cases specified in Articles 45, 46 and 48, the witness shall state the facts on which the refusal to testify is based and, where necessary, shall be made to take an oath in this respect.

(1) The following persons shall be heard without oath:

a) Persons who have not completed the age of fifteen at the time of hearing.

b) Persons who, owing to lack of the capacity to discern, cannot comprehend the nature and significance of the oath.

c) Persons who are suspects, accused or convicted of participation in the offences that are the subject of the investigation or prosecution, or of favouring the offender in connection with these offences, or of destroying, concealing or altering evidence of the offence.

(1) Whether or not to administer an oath to persons who may refuse to testify under Article 45 is at the discretion of the judge or the court. However, the witness may refuse to take the oath. The witness must be informed of this.

(1) Each witness shall be heard separately and in the absence of the witnesses to be heard subsequently.

(2) Until the prosecution phase, witnesses may be confronted with one another and with the suspect only in cases where delay would be prejudicial or in cases relating to the establishment of identity.

(3) Images or sounds during the hearing of witnesses may be recorded. However, in the testimony of:

a) Child victims,

b) Persons who cannot be brought to the hearing and whose testimony is indispensable for uncovering the material truth,

This recording shall be mandatory.

(4) Sound and image recordings obtained through the application of the provision of paragraph 3 shall be used only in criminal proceedings.

(1) To the witness:

a) Before being heard, the importance of telling the truth,

b) That he or she will be punished for the offence of perjury if he or she fails to tell the truth,

c) That he or she will take an oath to tell the truth,

d) That he or she may not leave the courtroom during the hearing without the express permission of the presiding judge or the judge,

Shall be explained.

(1) Witnesses shall take the oath separately before testifying. Where necessary, or where there is doubt as to whether it is appropriate to hear a person as a witness, the oath may be deferred until after the testimony.

(2) In the investigation phase, public prosecutors shall also administer the oath to witnesses.

(1) The oath to be administered to the witness shall be in the form: "I swear upon my honour and conscience that I shall tell the whole truth as I know it." before testifying, and, where administered after testifying pursuant to Article 54, in the form: "I swear upon my honour and conscience that I have told the whole truth as I know it."

(2) Everyone shall stand while the oath is being taken.

(1) The witness shall take the oath by repeating it aloud or by reading it.

(2) Deaf or mute persons who can read and write shall take the oath by writing out the form of the oath and affixing their signatures. Deaf or mute persons who cannot read and write shall take the oath by signs, through an interpreter who understands their signs.

(1) Where a witness heard under oath needs to be heard again in the same investigation or prosecution phase, it may suffice to remind the witness of the previous oath without administering a new one.

(1) The witness shall first be asked his or her name, surname, age, occupation and domicile, the address of the workplace or of the place of temporary residence, and telephone numbers, if any. Where necessary, questions shall be put concerning circumstances that will enlighten the judge as to the extent to which the testimony may be relied upon, in particular concerning the witness's relationship with the suspect, the accused or the victim.

(2) If the disclosure of the identity of persons to be heard as witnesses would create a serious danger for themselves or their relatives, the necessary measures shall be taken to keep their identity confidential. A witness whose identity is kept confidential is obliged to explain for what reason and on what occasion he or she learned of the events to which he or she testifies. In order to keep the identity confidential, the personal information of the witness shall be kept by the public prosecutor, the judge or the court.

(3) If being heard in the presence of those present would constitute a serious danger for the witness and this danger cannot be prevented otherwise, or would create a danger to uncovering the material truth, the judge may hear the witness without the presence of those entitled to be present. During the hearing of the witness, audio and video transmission shall be made. The right to ask questions is reserved.

(4) The measures to be taken after the performance of the witness duty to keep the person's identity confidential or to ensure his or her safety shall be regulated in the relevant law.

(5) The provisions of paragraphs 2, 3 and 4 may be applied only in relation to offences committed within the framework of the activities of an organisation.

(1) Before being heard, the witness shall be given information by the presiding judge or the judge concerning the event about which he or she will testify; the accused, if present, shall be shown to the witness. If the accused is not present, his or her identity shall be disclosed. The witness shall be asked to state what he or she knows concerning the matters on which he or she will testify, and shall not be interrupted while testifying.

(2) Further questions may be put to the witness in order to clarify and complete the matters testified to and to properly assess the circumstances on which his or her knowledge is based.

(1) In respect of a witness who refuses to testify or to take the oath without a lawful reason, in addition to being ordered to pay the expenses arising therefrom, disciplinary imprisonment may be imposed in order to secure the oath or the testimony, until judgment is rendered in the case and in any event not exceeding three months. The person shall be released immediately if he or she complies with the obligation relating to testimony.

(2) The commissioned judge and the requested court, and, in the investigation phase, the criminal judgeship of peace, shall be competent to take these measures.

(3) Once these measures have been taken during the hearing of the case and the above periods have been fully applied according to the type of offence, they shall not be repeated in that case or in another case relating to the same matter.

(4) An objection may be lodged against the decision of disciplinary imprisonment.

(1) A witness summoned by the public prosecutor, the presiding judge or the judge shall be paid compensation proportionate to the time lost, according to the tariff prepared each year by the Ministry of Justice. If the witness has had to travel in order to be present, travel expenses as well as accommodation and subsistence expenses at the place to which he or she was summoned to testify shall also be covered.

(2) The compensation and expenses payable pursuant to the provision of paragraph 1 shall be paid without any tax, duty or fee being levied.

(1) Those provisions relating to witnesses that are not contrary to the following articles shall also apply to experts.

(1) In cases whose resolution requires expertise or special or technical knowledge, it may be decided, ex officio or upon the request of the public prosecutor, the intervening party, his or her attorney, the suspect or accused, defence counsel or the legal representative, to obtain the opinion and views of an expert. Amended sentence: 3/11/2016, Law No. 6754, Art. 42 However, recourse to an expert may not be had on matters that can be resolved with general knowledge or experience or with the legal knowledge required by the profession of judge. Added sentence: 3/11/2016, Law No. 6754, Art. 42 Persons who have received legal education may not be appointed as experts unless they document that they possess a separate expertise outside the field of law.

(2) The appointment of experts and, by stating reasons, the determination of their number as more than one, shall rest with the judge or the court. A decision shall be given in the same manner where requests for the appointment of more than one expert are rejected.

(3) In the investigation phase, the public prosecutor may also exercise the powers set out in this article.

(1) Amended: 3/11/2016, Law No. 6754, Art. 43 Experts shall be selected from among the persons included in the list prepared by the regional board of expertise on the basis of the jurisdictional areas of the regional courts of appeal. However, where, despite there being an expert in the relevant field of expertise in its own regional list, an expert in another region is located closer to the place where the assignment is made, the assignment may also be made from that list.

(2) Amended: 3/11/2016, Law No. 6754, Art. 43 Where there is no expert in the field of expertise to be consulted in the list prepared by the regional board, an expert may be assigned from the lists of other regional boards and, where none is found there either, from outside the lists, provided that he or she also meets the conditions set out in paragraph 1 of Article 10 of the Law on Expertise, excluding subparagraphs (d), (e) and (f). Experts assigned from outside the lists shall be notified to the regional board.

(3) Official experts assigned by laws on specific matters shall be appointed with priority. However, public officials may not be appointed as experts in cases relating to the institution to which they are attached.

(4) Repealed: 3/11/2016, Law No. 6754, Art. 43

(5) Experts registered in the lists shall take the oath before the regional board of expertise or the provincial judicial justice commission of the place where they are located by repeating the words: "I swear upon my honour and conscience that I shall perform my duty in adherence to justice, in accordance with science and technique, and impartially." A new oath shall not be administered to these experts in each matter to which they are assigned.

(6) Experts not included in the lists shall, when assigned, take the oath in the form provided in the preceding paragraph before the authority that appointed them. The record showing that the oath has been taken shall be signed by the judge or the public prosecutor, the court clerk and the expert.

(7) Where there is an impediment, the oath may be given in writing and its text placed in the file. However, the reasons relating to this situation must be stated in the decision.

(1) The persons or institutions specified below are obliged to accept the duty of expert:

a) Persons assigned as official experts and persons included in the lists specified in Article 64.

b) Persons who practise as a profession the sciences and arts whose knowledge is necessary for carrying out the examination.

c) Persons officially authorised to practise the profession necessary for carrying out the examination.

(1) The decision ordering an expert examination shall specify the questions whose answers require expertise or special or technical knowledge, the subject matter of the examination, and the time limit within which the task is to be performed. Depending on the nature of the work, this time limit may not exceed three months. Where special reasons make it necessary, this time limit may be extended by at most a further three months, upon the request of the expert, by a reasoned decision of the authority that appointed him.

(2) An expert who fails to submit his report within the specified time limit may be replaced immediately. In this case, the expert shall submit a report explaining the actions he has performed up to that moment and shall immediately return the items and documents delivered to him by reason of his task. Amended last sentence: 3/11/2016, Law No. 6754, Art. 44 Furthermore, without prejudice to the provisions on his civil and criminal liability, it may be decided that no payment be made to the expert under the name of fee or expenses, and the regional board of expertise shall be requested, with reasons stated, to apply the necessary sanctions.

(3) The expert shall perform his task in contact with the authority that appointed him, shall, where necessary, inform that authority about developments in his examinations, and may request that measures deemed useful be taken.

(4) For the purpose of obtaining information in order to perform his task, the expert may also consult the knowledge of persons other than the suspect or the accused. If the expert wishes to have clarified a problem that does not fall within his field of expertise, the judge, the court or the public prosecutor may permit him to meet with qualified persons recognised for their knowledge of the subject. Persons summoned in this manner shall take an oath, and the reports they give shall be placed in the file as a complementary part of the expert report.

(5) The persons concerned may also request the authority to decide that persons designated by them by name, who are able to provide the expert with information of a technical nature while the examinations are being carried out, be heard, or that certain investigations be carried out.

(6) Where necessary, the expert may put questions to the victim, the suspect or the accused through the presiding judge, the judge or the public prosecutor. However, the presiding judge, the judge or the public prosecutor may also permit the expert to put questions directly. A physician expert charged with an examination may, while performing his task, put the questions he deems indispensable directly to the victim, the suspect or the accused, even without the presence of the judge, the public prosecutor and defence counsel.

(7) Before the items to be examined are delivered to the expert under seal, a list and count of them shall be made. These matters shall be recorded in minutes. The expert is likewise obliged to record the opening and re-affixing of the seals in minutes and to draw up a list.

(1) Upon completion of his examinations, the expert shall sign and deliver or send to the relevant authority a report explaining the actions he has performed and the conclusions he has reached, stating separately that he has carried out the examinations requested of him. Items under seal shall also be delivered or sent to the relevant authority, and this matter shall be recorded in minutes.

(2) If more than one expert has been appointed and they have expressed differing opinions, or if they hold dissenting opinions on common conclusions, they shall write this situation in the report together with their reasons.

(3) Amended: 3/11/2016, Law No. 6754, Art. 45 In his report and during his oral explanations, the expert may not make statements on matters other than those whose resolution requires expertise or special or technical knowledge; he may not make legal characterisations and assessments that must be made by the judge.

(4) Copies of the report prepared by the expert may be given directly during the hearing to the public prosecutor, the intervening party, his representative, the suspect or the accused, his defence counsel or legal representative, or may also be sent to them by registered letter with acknowledgement of receipt.

(5) When the expert examinations are completed, the public prosecutor, the intervening party, his representative, the suspect or the accused, his defence counsel or legal representative shall be granted a time limit to enable them to request a new expert examination or to submit objections. Where the requests of these persons are rejected, a reasoned decision on this matter shall be given within three days.

(6) The public prosecutor, the intervening party, his representative, the suspect or the accused, his defence counsel or legal representative may obtain a scientific opinion from a specialist in relation to the incident that is the subject of the proceedings, or to be considered in the preparation of the expert report, or concerning the expert report. An additional time limit may not be requested solely on this ground.

(1) The court may at any time decide that the expert be heard at the hearing, and may also summon the expert to the hearing to give explanations upon the request of one of the persons concerned.

(2) After giving their explanations, the experts shall remain in the courtroom unless the presiding judge or the judge permits them to withdraw; however, it is not mandatory that they be brought into the courtroom one by one and heard separately from one another.

(3) The provisions of the above paragraphs shall also apply to the questioning, at the hearing, of a specialist who has prepared a scientific opinion upon the request of the public prosecutor, the intervening party, his representative, the suspect or the accused, his defence counsel or legal representative.

(1) The grounds requiring the challenge of a judge shall also apply to the expert.

(2) The public prosecutor, the intervening party, his representative, the suspect or the accused, his defence counsel or legal representative may exercise the right of challenge. Unless there are impeding reasons, the name and surname of the expert appointed by the judge or the court shall be notified to those having the right of challenge.

(3) The request for challenge shall be examined by the judge or the court hearing the case. In the investigation phase, a request for challenge not accepted by the public prosecutor shall be examined by the criminal judge of peace. The person requesting the challenge is obliged to explain its reason by indicating the facts on which he relies.

(1) The grounds that would justify refusal to testify shall also apply to experts. The expert may also refuse to give an opinion on other valid grounds.

(1) The provision of paragraph 1 of Article 60 shall apply to experts who, although duly summoned, fail to appear, or who appear but refuse to take the oath or to give their vote and opinion, and the situation shall be notified to the regional board of expertise.

Amended: 3/11/2016, Law No. 6754, Art. 47

(1) The expert shall be paid a fee proportionate to the effort and time he has expended, together with examination, transportation, accommodation and other expenses. In this regard, the tariff issued by the Ministry of Justice and updated every year shall be taken as the basis.

(1) In offences of forgery committed in respect of money and of securities issued by the State, such as bonds and Treasury bills, all the seized money and securities shall be submitted for examination to the central or provincial units of the institutions that put the originals into circulation.

(2) In respect of the money and securities of foreign states as well, it shall be decided that the opinions of the competent Turkish authorities be obtained.

(1) In order to determine whether a suspect or accused, in respect of whom there are strong suspicions that he committed the act, is mentally ill, and, if mentally ill, since when he has been ill and the effects of this on the person's behaviour, it may be decided, upon the proposal of a specialist physician and after hearing the public prosecutor and defence counsel, that he be placed under observation in an official health institution; such decision shall be given by the criminal judge of peace in the investigation phase and by the court in the prosecution phase.

(2) If the suspect or the accused has no defence counsel, defence counsel shall be appointed by the bar association upon the request of the judge or the court.

(3) The period of observation may not exceed three weeks. If it is understood that this period will not suffice, additional periods, each not exceeding three weeks, may be granted upon the request of the official health institution; however, the total of the periods may not exceed three months.

(4) An objection may be lodged against the decision of placement under observation; the objection shall suspend the execution of the decision.

(5) The provision of this Article shall also apply in cases where a decision to suspend the proceedings must be given pursuant to paragraph 8 of Article 223.

Amended: 25/5/2005, Law No. 5353, Art. 2

(1) In order to obtain evidence relating to an offence, an internal physical examination of the suspect or the accused, or the taking from the body of blood or similar biological samples as well as samples such as hair, saliva and nails, may be ordered by the judge or the court upon the request of the public prosecutor or the victim or ex officio, and, in cases where delay would be prejudicial, by the public prosecutor. The decision of the public prosecutor shall be submitted for the approval of the judge or the court within twenty-four hours. The judge or the court shall give its decision within twenty-four hours. Decisions that are not approved shall become null and void, and the evidence obtained may not be used.

(2) In order for an internal physical examination to be carried out or for blood or similar biological samples to be taken from the body, the intervention must not pose a risk of harm to the person's health.

(3) An internal physical examination or the taking of blood or similar biological samples from the body may be carried out only by a physician or another member of a health profession.

(4) An examination carried out on the genital organs or the anal region shall also be deemed an internal physical examination.

(5) In offences for which the upper limit of the prescribed penalty is imprisonment of less than two years, no internal physical examination may be carried out on the person; no blood or similar biological samples, or samples such as hair, saliva and nails, may be taken from the person.

(6) An objection may be lodged against the decisions of the judge or the court to be given pursuant to this Article.

(7) The provisions in special laws concerning alcohol testing and the taking of blood samples are reserved.

Amended: 25/5/2005, Law No. 5353, Art. 3

(1) For the purpose of obtaining evidence relating to an offence, an external or internal physical examination of the body of the victim, or the taking from his body of blood or similar biological samples as well as samples such as hair, saliva and nails, may be ordered, provided that his health is not endangered and no surgical intervention is made, by the judge or the court upon the request of the public prosecutor or ex officio, and, in cases where delay would be prejudicial, by the public prosecutor. The decision of the public prosecutor shall be submitted for the approval of the judge or the court within twenty-four hours. The judge or the court shall give its decision within twenty-four hours. Decisions that are not approved shall become null and void, and the evidence obtained may not be used.

(2) Where the victim consents, it is not necessary to obtain a decision in accordance with the provision of paragraph 1 for these actions to be carried out.

(3) Where it is necessary to investigate the descent of a child, a decision must be obtained in accordance with the provision of paragraph 1 in order for this investigation to be carried out.

(4) A person may refuse the examination or the taking of samples from the body on the grounds for refusal to testify. The legal representative shall decide on the refusal of a child or a mentally ill person. Where the child or mentally ill person is in a position to comprehend the legal meaning and consequences of testifying, his opinion shall also be obtained. If the legal representative is also the suspect or the accused, the decision on this matter shall be made by the judge. However, evidence obtained in this case may not be used in the later stages of the case without the permission of a legal representative who is not the suspect or the accused.

(5) An objection may be lodged against the decisions of the judge or the court given pursuant to this Article.

(1) The examination of a woman shall, upon her request and where possible, be carried out by a female physician.

(1) Molecular genetic examinations may be carried out on samples obtained through the actions provided for in Articles 75 and 76 where this is indispensable for establishing descent or whether the finding obtained belongs to the suspect or the accused or to the victim. Examinations aimed at making determinations other than for these purposes on the samples taken are prohibited.

(2) The examinations that may be carried out pursuant to paragraph 1 may also be carried out on body parts that have been found and whose owner is unknown. The second sentence of paragraph 1 shall apply in this case as well.

(1) Only the judge may decide that molecular genetic examinations be carried out pursuant to Article 78. The decision shall also specify the expert charged with the examination.

(2) Persons who are officially appointed or obliged to act as experts for the examinations to be carried out, or officials who do not belong to the authority conducting the investigation or prosecution, or who belong to a unit that is, in terms of organisational structure and objectively, separate from the department of that authority conducting the investigation or prosecution, may be appointed as experts. These persons are obliged, by means of appropriate technical and organisational measures, to prevent prohibited molecular genetic examinations from being carried out and unauthorised third persons from obtaining information. The finding to be examined shall be delivered to the expert without disclosing the name and surname, address and date of birth of the person concerned.

Amended: 25/5/2005, Law No. 5353, Art. 4

(1) The results of examinations carried out on samples taken pursuant to the provisions of Articles 75, 76 and 78 constitute personal data and may not be used for any other purpose; they may not be given to another person by persons authorised to learn the contents of the file.

(2) Amended: 16/7/2026, Law No. 7589, Art. 14 The examination results shall be recorded in a dedicated system in a form stripped of identity information, and a copy thereof shall be sent to the investigation or prosecution authority to be kept in the file as evidence. The information recorded in the system and kept in the file as evidence shall be destroyed in the presence of the public prosecutor immediately in the event of the expiry of the time limit for objection to a decision of non-prosecution, the rejection of the objection, or the giving and finalisation of a decision of acquittal or of no penalty, and in other cases upon the lapse of twenty years from the finalisation of the court decision, and this matter shall be recorded in minutes to be kept in the file. A person whose information has been recorded in the system may, within this period, request the judge or the court to delete this information where the purpose requiring the retention of the personal data has ceased to exist or where there is a justified reason.

(3) Added: 16/7/2026, Law No. 7589, Art. 14 Information recorded in the system pursuant to this Article may be used, by decision of the court, the judge or the public prosecutor, within the scope of an ongoing investigation or prosecution for the purpose of uncovering the material truth. An objection may be lodged against decisions of the court or the judge; an application may be made to the criminal judgeship of peace against the decision of the public prosecutor.

(4) Added: 16/7/2026, Law No. 7589, Art. 14 The principles and procedures concerning the recording, retention and destruction of examination results in the dedicated system, and the use of these records, shall be determined by a regulation to be issued jointly by the Ministry of Justice and the Ministry of Interior.

Amended: 25/5/2005, Law No. 5353, Art. 5

(1) Where it is necessary for the identification of a suspect or accused in respect of an offence for which the upper limit of the prescribed penalty is imprisonment of two years or more, his photograph, body measurements, fingerprints and palm prints, other features on his body that would facilitate his identification, as well as his voice and images shall be recorded upon the order of the public prosecutor and placed in the file relating to the investigation and prosecution proceedings.

(2) In the event of the expiry of the time limit for objection to a decision of non-prosecution, the rejection of the objection, or the giving and finalisation of a decision of acquittal or of no penalty, the said records shall be destroyed immediately in the presence of the public prosecutor, and this matter shall be recorded in minutes.

(1) The procedures relating to the performance of the actions provided for in Articles 75 to 81 shall be set out in a regulation.

(1) A judicial inspection shall be carried out by the judge or the court or a commissioned judge or the requested judge or court, and, in cases where delay would be prejudicial, by the public prosecutor.

(2) The minutes of the judicial inspection shall record the existing situation and also the absence of evidence which, given the particular nature of the incident, was expected to exist but could not be obtained.

(1) The suspect, the accused, the victim and their defence counsel and representative may be present during the judicial inspection.

(2) If it is understood that a witness or expert will not be able to be present during the hearing, or that his presence would be difficult due to the distance of his place of residence, the provision of paragraph 1 shall also apply to the hearing of that witness or expert.

(3) If the presence of the suspect or the accused could prevent one of the witnesses from testifying truthfully, it may be decided that the suspect or the accused not be present at that act.

(4) Those who have the right to be present at these acts shall be notified before the day on which the acts are to be performed, provided that this does not cause the act to be postponed.

(5) If the suspect or the accused is in pre-trial detention, it may be decided by the judge or the court that he be present at the judicial inspection only in cases deemed indispensable.

Amended: 25/5/2005, Law No. 5353, Art. 6

(1) The public prosecutor may have a suspect who has made statements regarding the offence attributed to him carry out a scene identification (pointing out the locations). Where offences falling within the scope of paragraph 1 of Article 250 are concerned, the head of the judicial law enforcement unit shall also be authorised to have a scene identification carried out.

(2) Provided that it does not delay the investigation, defence counsel may also be present during the scene identification.

(3) The scene identification shall be recorded in minutes in accordance with Article 169.

(1) Unless there are impeding reasons, before the examination of the deceased or the autopsy, the identity of the deceased shall be established by all means and in particular by showing the body to persons who knew him, and, if a suspect or accused has been apprehended, the body may also be shown to him for identification.

(2) In the forensic examination of the deceased, all findings shall be established in order to determine the medical signs, the time of death and the cause of death.

(3) This examination shall be carried out in the presence of the public prosecutor and by appointing a physician.

(1) An autopsy shall be performed in the presence of the public prosecutor by two physicians, one of whom is a specialist in forensic medicine and the other a specialist in pathology or a member of another branch, or one of whom is a general practitioner. A physician brought by defence counsel or the representative may also be present at the autopsy. Where there is necessity, the autopsy may also be performed by one physician; this situation shall be expressly stated in the autopsy report.

(2) Where the condition of the corpse permits, the autopsy shall necessarily involve the opening of the head, chest and abdomen.

(3) The physician who treated the deceased during the illness immediately preceding his death may not be assigned the task of performing the autopsy. However, this physician may be requested to be present during the autopsy and to provide information on the course of the illness.

(4) A buried corpse may be exhumed for examination or autopsy. The decision on this matter shall be given by the public prosecutor in the investigation phase and by the court in the prosecution phase. The exhumation decision shall be notified immediately to a relative of the deceased if this will not endanger the purpose of the inquiry and if the relative is not difficult to reach.

(5) While the actions referred to in the above paragraphs are being performed, images of the corpse shall be recorded.

(1) In the forensic examination or autopsy of the corpse of a newborn, it shall be determined whether there were signs of life during or after birth, whether the child was born at the normal term, and whether it was biologically mature enough to sustain its life outside the womb or whether it had the capacity to live.

(1) In cases where poisoning is suspected, when parts are taken from the organs, the destruction of the organ shall be described together with its visible appearance. Suspicious substances found in the deceased or in other places shall be examined and analysed by the appointed specialist.

(2) The public prosecutor or the court may decide that this examination be carried out with the participation of a physician or under his direction.

(1) In the following cases, anyone may make a temporary arrest:

a) Where the person is encountered while committing an offence.

b) Where there is a likelihood that a person being pursued for an in flagrante act will escape, or where it is not possible to establish his or her identity immediately.

(2) Law enforcement officers shall have the power to arrest in cases which require the issuance of a detention order or an arrest warrant and where delay would be prejudicial, if it is not possible to apply immediately to the public prosecutor or to their superiors.

(3) Even where the investigation and prosecution are subject to a complaint, the arrest of a person in cases of in flagrante offences committed against children, or against persons who are incapable of managing themselves due to physical or mental illness, disability or infirmity, shall not be subject to a complaint.

(4) Amended: 25/5/2005, Law No. 5353, Art. 7 After taking measures to prevent the arrested person from escaping at the time of arrest or from causing harm to himself or herself or to others, law enforcement shall immediately inform the arrested person of his or her legal rights.

(5) Amended: 25/5/2005, Law No. 5353, Art. 7 The public prosecutor shall be informed immediately about the person arrested and delivered to law enforcement under paragraph 1 or arrested by officers pursuant to paragraph 2, and about the incident, and action shall be taken in accordance with his or her instructions.

(6) Where the purpose for issuing an arrest warrant has ceased to exist owing to the performance of the act which was the subject of the arrest warrant, the court, judge or public prosecutor shall immediately request the return of the arrest warrant.

(1) If the person arrested pursuant to the preceding article is not released by the Public Prosecutor's Office, a decision may be made to take him or her into custody in order to complete the investigation. Amended second sentence: 25/5/2005, Law No. 5353, Art. 8 The custody period may not exceed twenty-four hours from the moment of arrest, excluding the time necessary to send the person to the judge or court nearest to the place of arrest. Added sentence: 25/5/2005, Law No. 5353, Art. 8 The time necessary to send the person to the judge or court nearest to the place of arrest may not exceed twelve hours.

(2) Taking into custody shall depend on this measure being necessary for the investigation and on the existence of concrete evidence indicating a suspicion that the person has committed an offence.

(3) In collectively committed offences, due to difficulty in collecting evidence or the large number of suspects, the public prosecutor may order in writing that the custody period be extended for a period of three days, not exceeding one day each time. The order extending the custody period shall be immediately notified to the person taken into custody.

(4) Added: 27/3/2015, Law No. 6638, Art. 13 Limited to in flagrante cases, a decision to take a person into custody may be made, for the offences specified in the subparagraphs below, by law enforcement chiefs to be designated by the local administrative authorities, for up to twenty-four hours, and, during social events which may lead to a serious disruption of public order through the spreading of violent incidents and in collectively committed offences, for up to forty-eight hours. Upon the cessation of the reason for taking into custody or upon completion of the procedures, immediately and in any event at the latest at the end of the periods specified above, the public prosecutor shall be informed of the procedures carried out and action shall be taken in accordance with his or her instructions. If the person is not released, action shall be taken in accordance with the preceding paragraphs. However, the person shall be brought before a judge within forty-eight hours at the latest, and within four days in collectively committed offences. The provisions on custody shall also apply to persons taken into custody by law enforcement under this paragraph.

a) Offences involving force and violence committed during social events.

b) The following offences set out in the Turkish Penal Code No. 5237 of 26/9/2004:

1. Intentional killing (Articles 81, 82), negligent killing (Article 85),

2. Intentional injury (Articles 86, 87),

3. Sexual assault (Article 102),

4. Sexual abuse of children (Article 103),

5. Theft (Articles 141, 142),

6. Robbery (Articles 148, 149),

7. Manufacture of and trade in narcotic or stimulant substances (Article 188),

8. Acting in breach of measures relating to contagious diseases (Article 195),

9. Prostitution (Article 227),

10. Maltreatment (Article 232),

c) Offences set out in the Anti-Terror Law No. 3713 of 12/4/1991.

d) Offences specified in subparagraph (a) of paragraph 1 of Article 33 of the Law No. 2911 of 6/10/1983 on Meetings and Demonstration Marches.

e) Violation of a curfew declared on the basis of the Provincial Administration Law No. 5442 of 10/6/1949.

f) Offences specified in Article 3 of the Law No. 5607 of 21/3/2007 on Combating Smuggling.

(5) Against the arrest, and against the written order of the public prosecutor regarding taking into custody and extension of the custody period, the arrested person, his or her defence counsel or legal representative, spouse, or blood relative in the first or second degree may apply to the criminal judgeship of peace in order to secure immediate release. The criminal judgeship of peace shall conduct the review on the documents and shall decide on the application immediately and in any event before twenty-four hours have elapsed. If it is concluded that the arrest, the taking into custody or the extension of the custody period was justified, the application shall be rejected or it shall be decided that the arrested person be immediately made available, together with the investigation documents, at the Public Prosecutor's Office.

(6) No arrest may be carried out again on the same ground against a person released upon expiry of the custody period or upon the decision of the criminal judgeship of peace, unless new and sufficient evidence relating to the act giving rise to the arrest is obtained and there is a decision of the public prosecutor.

(7) If the person taken into custody is not released, he or she shall be brought before the criminal judgeship of peace and interrogated at the latest at the end of these periods. The defence counsel shall also be present at the interrogation.

(1) Chief public prosecutors or the public prosecutors whom they assign shall, as required by their judicial duties, inspect the custody cells where persons taken into custody are to be held, interview rooms if any, the condition of these persons, the reasons for and periods of their custody, and all records and procedures relating to taking into custody; they shall record the results in the Register of Persons Placed in Custody Cells.

(1) Persons who have been arrested or who are being transferred from one place to another following pre-trial detention may be handcuffed where there are indications that they will escape or that they pose a danger to the life or bodily integrity of themselves or of others.

Amended: 21/2/2014, Law No. 6526, Art. 7

(1) A person arrested during the investigation or prosecution phase upon an arrest warrant issued by a judge or court shall be brought before the competent judge or court within twenty-four hours at the latest.

(2) If the arrested person cannot be brought before the competent judge or court within twenty-four hours at the latest, the competent judge or court shall, within the same period, interrogate the person or take his or her statement by using the audio and video communication system installed at the courthouse of the place of arrest or, if there is none, at the nearest courthouse.

(3) Added: 8/7/2021, Law No. 7331, Art. 12 The public prosecutor may order the release of a person who has been arrested outside working hours upon an arrest warrant issued for the purpose of taking his or her statement and who undertakes to appear before the judicial authority on the specified date. This provision may be applied only once for each arrest warrant. A person who fails to fulfil his or her undertaking shall be imposed an administrative fine of one thousand Turkish liras by the public prosecutor of the place where the arrest warrant was issued.

(1) When the suspect or the accused is arrested, taken into custody or the custody period is extended, one of his or her relatives or a person designated by him or her shall be notified without delay upon the order of the public prosecutor.

(2) If the person arrested or taken into custody is a foreigner, his or her situation shall be notified to the consulate of the state of which he or she is a national, unless he or she objects in writing.

(1) If, in respect of an offence the investigation and prosecution of which are subject to a complaint, the suspect has been arrested before the complaint pursuant to paragraph 3 of Article 90, the arrest shall be notified to the person entitled to file the complaint and, if there is more than one such person, to at least one of them.

(1) The arrest shall be recorded in a report. The report shall clearly state for which offence, under which circumstances, at which place and time the arrested person was arrested, who carried out the arrest, by which law enforcement officer it was recorded, and that his or her rights were fully explained.

(1) Amended: 25/5/2005, Law No. 5353, Art. 10 During the investigation phase, an arrest warrant may be issued by the criminal judgeship of peace upon the request of the public prosecutor against a suspect who does not appear upon summons or who cannot be summoned. Furthermore, in the case of an objection to a decision rejecting a request for pre-trial detention, an arrest warrant may also be issued by the authority reviewing the objection.

(2) Public prosecutors and law enforcement forces may also issue an arrest warrant against a suspect or accused who has escaped from the custody of a law enforcement officer while under arrest, or against a detainee or convict who has escaped from a remand prison or penal institution.

(3) During the prosecution phase, an arrest warrant against a fugitive accused shall be issued by the judge or court ex officio or upon the request of the public prosecutor.

(4) The arrest warrant shall indicate the detailed physical description of the person, his or her identity if known, the offence imputed, and where he or she is to be sent when arrested.

(1) The physical conditions of the custody cells where persons taken into custody are to be held, under the responsibility of which officer such person is to be placed, how the medical examination is to be carried out, how the records and registers relating to custody procedures are to be kept, which reports are to be drawn up at the beginning of custody and when this measure is terminated, which documents are to be given to the person taken into custody, and the rules to be complied with in carrying out arrests by law enforcement shall be set out in a regulation.

(1) Where there is concrete evidence indicating the existence of strong suspicion of an offence and there is a ground for pre-trial detention, a decision of pre-trial detention may be made against the suspect or the accused. A decision of pre-trial detention may not be made if it is not proportionate to the significance of the matter or to the penalty or security measure expected to be imposed.

(2) In the following cases, a ground for pre-trial detention may be deemed to exist:

a) If there are concrete facts indicating that the suspect or the accused has fled or is hiding, or giving rise to the suspicion that he or she will flee.

b) If the conduct of the suspect or the accused:

1. Destroying, concealing or altering evidence,

2. Attempting to exert pressure on witnesses, victims or others,

Gives rise to strong suspicion in respect of these matters.

(3) Where there are grounds for strong suspicion, based on concrete evidence, that the following offences have been committed, a ground for pre-trial detention may be deemed to exist:

a) The following offences set out in the Turkish Penal Code No. 5237 of 26.9.2004:

1. Genocide and crimes against humanity (Articles 76, 77, 78),

2. Added: 6/12/2019, Law No. 7196, Art. 58 Migrant smuggling and human trafficking (Articles 79, 80)

3. Intentional killing (Articles 81, 82, 83),

4. Added: 6/12/2006, Law No. 5560, Art. 17 Intentional injury (Article 86, paragraph 3, subparagraphs b, e and f) and intentional injury aggravated by its consequences (Article 87),

5. Torture (Articles 94, 95)

6. Sexual assault (Article 102, except paragraph 1),

7. Sexual abuse of children (Article 103),

8. Added: 6/12/2006, Law No. 5560, Art. 17 Theft (Articles 141, 142) and robbery (Articles 148, 149),

9. Manufacture of and trade in narcotic or stimulant substances (Article 188),

10. Forming an organisation for the purpose of committing offences (Article 220, except paragraphs 2, 7 and 8),

11. Offences against the Security of the State (Articles 302, 303, 304, 307, 308),

12. Offences against the Constitutional Order and the Functioning of this Order (Articles 309, 310, 311, 312, 313, 314, 315),

b) Offences of arms smuggling (Article 12) defined in the Law No. 6136 of 10.7.1953 on Firearms, Knives and Other Tools.

c) The offence of embezzlement defined in paragraphs (3) and (4) of Article 22 of the Banks Law No. 4389 of 18.6.1999.

d) Offences defined in the Law No. 4926 of 10.7.2003 on Combating Smuggling which require imprisonment.

e) Offences defined in Articles 68 and 74 of the Law No. 2863 of 21.7.1983 on the Protection of Cultural and Natural Assets.

f) Offences of intentionally setting fire to forests defined in paragraphs 4 and 5 of Article 110 of the Forest Law No. 6831 of 31.8.1956.

g) Added: 27/3/2015, Law No. 6638, Art. 14 Offences listed in Article 33 of the Law No. 2911 of 6/10/1983 on Meetings and Demonstration Marches.

h) Added: 27/3/2015, Law No. 6638, Art. 14 Offences specified in paragraph 3 of Article 7 of the Anti-Terror Law No. 3713 of 12/4/1991.

i) Added: 12/5/2022, Law No. 7406, Art. 9 The offence of intentional injury committed against a woman.

j) Added: 12/5/2022, Law No. 7406, Art. 9 The offence of intentional injury committed against personnel working in health institutions and organisations during or by reason of the performance of their duties.

k) Added: 10/10/2024, Law No. 7528, Art. 35 The offence of intentional injury committed, during or by reason of the performance of their duties, against persons serving as administrators, teachers or master instructors in official educational institutions affiliated to the Ministry of National Education, as instructors/teachers or guidance counsellors in projects conducted by the Ministry of National Education for the education of students of foreign nationality, or as administrators, teachers, expert instructors and master instructors in private educational institutions, against persons teaching for a lesson fee in official educational institutions affiliated to the Ministry of National Education and in private educational institutions, and against teachers working in other public institutions and organisations.

(4) Amended: 2/7/2012, Law No. 6352, Art. 96 A decision of pre-trial detention may not be made for offences which require only a judicial fine, or for offences the upper limit of the imprisonment for which does not exceed two years, except for intentional offences against bodily integrity.

(1) During the investigation phase, the pre-trial detention of the suspect shall be decided by the criminal judgeship of peace upon the request of the public prosecutor, and during the prosecution phase, the pre-trial detention of the accused shall be decided by the court upon the request of the public prosecutor or ex officio. Reasons shall always be given in these requests, and the legal and factual grounds indicating that the application of judicial control would be insufficient shall be stated.

(2) Amended: 2/7/2012, Law No. 6352, Art. 97 In decisions on pre-trial detention, on continuation of pre-trial detention or on rejection of a request for release in this respect, the evidence showing:

a) Strong suspicion of an offence,

b) The existence of grounds for pre-trial detention,

c) That the measure of pre-trial detention is proportionate,

d) Added: 8/7/2021, Law No. 7331, Art. 14 That the application of judicial control would be insufficient,

shall be clearly set out with reasons based on concrete facts. The content of the decision shall be communicated orally to the suspect or the accused, and a copy thereof shall also be written and given to them, and this shall be stated in the decision.

(3) When pre-trial detention is requested, the suspect or the accused shall benefit from the assistance of a defence counsel of his or her own choosing or appointed by the bar association.

(4) If no decision of pre-trial detention is made, the suspect or the accused shall be released immediately.

(5) Decisions made pursuant to this Article and Article 100 may be objected to.

(1) Amended: 6/12/2006, Law No. 5560, Art. 18 In matters not falling within the jurisdiction of the assize court (ağır ceza mahkemesi), the period of pre-trial detention shall be at most one year. However, in compulsory cases, this period may be extended by a further six months, with reasons stated.

(2) In matters falling within the jurisdiction of the assize court, the period of pre-trial detention shall be at most two years. This period may be extended in compulsory cases, with reasons stated; the extension period may not exceed three years in total, and five years in respect of the offences defined in Chapters Four, Five, Six and Seven of Part Four of Book Two of the Turkish Penal Code No. 5237 and offences falling within the scope of the Anti-Terror Law No. 3713 of 12/4/1991.

(3) The extension decisions provided for in this Article shall be made after obtaining the opinions of the public prosecutor, the suspect or the accused and his or her defence counsel.

(4) Added: 17/10/2019, Law No. 7188, Art. 18 During the investigation phase, the period of pre-trial detention may not exceed six months for matters not falling within the jurisdiction of the assize court, and one year for matters falling within the jurisdiction of the assize court. However, for the offences defined in Chapters Four, Five, Six and Seven of Part Four of Book Two of the Turkish Penal Code, offences falling within the scope of the Anti-Terror Law and collectively committed offences, this period shall be at most one year and six months, and may be extended by a further six months, with reasons stated.

(5) Added: 17/10/2019, Law No. 7188, Art. 18 The periods of pre-trial detention provided for in this Article shall be applied at one half for children who had not completed the age of fifteen at the time of committing the act, and at three quarters for children who had not completed the age of eighteen.

(1) The public prosecutor may request the criminal judgeship of peace to release the suspect by placing him or her under judicial control. The suspect against whom a decision of pre-trial detention has been made and his or her defence counsel may also make the same request. Repealed third sentence: 25/5/2005, Law No. 5353, Art. 12

(2) During the investigation phase, if the public prosecutor concludes that judicial control or pre-trial detention is no longer necessary, he or she shall release the suspect ex officio. When a decision of non-prosecution is made, the suspect shall be released.

(1) The suspect or the accused may request his or her release at any stage of the investigation and prosecution phases.

(2) The continuation of the pre-trial detention or the release of the suspect or accused shall be decided by the judge or court. These decisions may be objected to.

(3) When the case file reaches the regional court of appeal or the Court of Cassation, the decision on the request for release shall be made by the regional court of appeal, or the relevant chamber of the Court of Cassation or the Criminal General Assembly of the Court of Cassation, after a review to be conducted on the case file; this decision may also be made ex officio.

Amended: 25/5/2005, Law No. 5353, Art. 13

(1) Upon a request made pursuant to Articles 103 and 104, the competent authority shall, after obtaining the opinion of the public prosecutor, the suspect, the accused or the defence counsel, decide within three days on acceptance or rejection of the request or on application of judicial control. Added sentence: 24/11/2016, Law No. 6763, Art. 23 With the exception of requests made pursuant to the first sentence of paragraph 1 of Article 103, this period shall be applied as seven days in respect of offences committed within the framework of the activities of an organisation. Added sentence: 11/4/2013, Law No. 6459, Art. 15 When this decision is made outside a hearing, the opinion of the public prosecutor, the suspect, the accused or the defence counsel shall not be obtained. These decisions may be objected to.

(1) Before release, the suspect or the accused shall be obliged to notify the competent judicial authority or the director of the remand prison of his or her address and, if any, telephone number.

(2) The suspect or the accused shall be warned to notify, until the date on which the investigation or prosecution is concluded, any change in the addresses previously given, by making a new declaration or by registered letter with acknowledgement of receipt; furthermore, he or she shall be informed that if he or she fails to act in accordance with the warning, service shall be made to the previously notified address. The original or a copy of the report stating that these warnings have been given and containing the new addresses, or of the document to be drawn up by the director of the remand prison, shall be sent to the judicial authority.

(1) One of the relatives of the detainee or a person designated by the detainee shall be notified without delay, by decision of the judge, of the pre-trial detention and of every decision on the extension of the pre-trial detention.

(2) Furthermore, provided that this does not endanger the purpose of the investigation, the detainee shall also be permitted to personally notify one of his or her relatives or a person designated by him or her of the pre-trial detention.

(3) Where the suspect or the accused is a foreigner, his or her pre-trial detention shall be notified to the consulate of the state of which he or she is a national, unless he or she objects in writing.

(1) During the investigation phase, while the suspect is held in the remand prison and at intervals of thirty days at the latest, the criminal judgeship of peace shall, upon the request of the public prosecutor, decide whether the continuation of pre-trial detention is necessary, taking into account the provisions of Article 100 and after hearing the suspect or the defence counsel.

(2) The review of the pre-trial detention may also be requested by the suspect within the period provided for in the preceding paragraph.

(3) The judge or the court shall decide ex officio whether the continuation of the pre-trial detention of the accused held in the remand prison is necessary at every session or, where circumstances so require, between sessions or within the period provided for in paragraph 1.

(1) Amended: 2/7/2012, Law No. 6352, Art. 98 In an investigation conducted in respect of an offence, where the grounds for pre-trial detention specified in Article 100 exist, it may be decided that the suspect be placed under judicial control instead of being detained.

(2) The provisions on judicial control may also be applied in cases where the Law provides for a prohibition of pre-trial detention.

(3) Judicial control involves subjecting the suspect to one or more of the obligations set out below:

a) Not leaving the country.

b) Reporting regularly to the places designated by the judge, within the periods specified.

c) Complying with the summonses of the authorities or persons specified by the judge and, where necessary, with control measures relating to his professional activities or to continuing his education.

d) Not driving any vehicles or certain of them and, where necessary, surrendering his driving licence to the court registry against a receipt.

e) Submitting to and accepting treatment or examination measures, including hospitalisation, in particular for the purpose of being cured of addiction to narcotic, stimulant or volatile substances or to alcohol.

f) Depositing a security, the amount of which and the time limits for its payment in a single instalment or in several instalments shall be determined by the judge upon the request of the public prosecutor, taking into account the financial situation of the suspect.

g) Not keeping or carrying weapons and, where necessary, surrendering the weapons owned to the judicial deposit office against a receipt.

h) Securing by a real or personal guarantee, in order to safeguard the rights of the victim of the offence, a sum of money whose amount and time limit for payment shall be determined by the judge upon the request of the public prosecutor.

i) Giving a guarantee that he will fulfil his family obligations and regularly pay the maintenance which he has been ordered to pay under judicial decisions.

j) Added: 2/7/2012, Law No. 6352, Art. 98 Not leaving his residence.

k) Added: 2/7/2012, Law No. 6352, Art. 98 Not leaving a specified residential area.

l) Added: 2/7/2012, Law No. 6352, Art. 98 Not going to designated places or areas.

(4) Added: 25/5/2005, Law No. 5353, Art. 14 Repealed: 2/7/2012, Law No. 6352, Art. 98 Re-enacted: 14/4/2020, Law No. 7242, Art. 15 It may be decided that a suspect who has been determined, pursuant to paragraph 3 of Article 16 of the Law on the Execution of Sentences and Security Measures No. 5275 dated 13/12/2004, to be unable to sustain his life alone under the conditions of a penal institution due to a serious illness or disability from which he suffers, and a female suspect who is pregnant or for whom six months have not elapsed since the date she gave birth, be placed under judicial control instead of being detained. Where a judgment of conviction has been rendered against the person and an appeal on points of fact and law (istinaf) or an appeal on points of law (temyiz) has been lodged in respect of that judgment, the court of first instance that rendered the judgment may also issue a judicial control decision by examining the UYAP records.

(5) In the implementation of the obligation specified in subparagraph (d), the judge or the public prosecutor may permanently or temporarily allow the suspect to drive a vehicle in the course of his professional activities.

(6) The period spent under judicial control shall not be deducted from the sentence on the ground that it constitutes a restriction of personal liberty. This provision shall not apply in the cases specified in subparagraphs (e) and (j) of paragraph 3 of this Article. Added sentence: 8/7/2021, Law No. 7331, Art. 15 However, every two days spent under the obligation not to leave one's residence specified in subparagraph (j) shall be taken into account as one day in the deduction from the sentence.

(7) Added: 6/12/2006, Law No. 5560, Art. 19 The provisions on judicial control may be applied to persons released due to the expiry of the periods of pre-trial detention provided for in the laws.

(1) The suspect may be placed under judicial control at any stage of the investigation phase, upon the request of the public prosecutor and by decision of the criminal judgeship of peace.

(2) The judge, upon the request of the public prosecutor, may, in the implementation of judicial control, subject the suspect to one or more new obligations; may wholly or partly lift or modify the obligations constituting the content of the control, or may temporarily exempt the suspect from complying with some of them.

(3) The provisions of Article 109 and of paragraphs 1 and 2 of this Article shall also be applied, where deemed necessary, by other competent judicial authorities having jurisdiction, at any stage of the prosecution phase.

(4) Added: 8/7/2021, Law No. 7331, Art. 16 A decision as to whether the continuation of the judicial control obligation of the suspect or the accused is necessary shall be rendered at intervals of no more than four months, in the investigation phase by the criminal judgeship of peace upon the request of the public prosecutor and in the prosecution phase ex officio by the court, taking into account the provisions of Article 109.

Added: 8/7/2021, Law No. 7331, Art. 17

(1) In cases not falling within the jurisdiction of the assize court, the period of judicial control shall be at most two years. However, in compulsory cases this period may be extended by one more year, with reasons stated.

(2) In cases falling within the jurisdiction of the assize court, the period of judicial control shall be at most three years. In compulsory cases this period may be extended with reasons stated; the extension period shall not exceed three years in total, and four years in respect of the offences defined in Chapters Four, Five, Six and Seven of Part Four of Book Two of the Turkish Penal Code and offences falling within the scope of the Anti-Terror Law.

(3) The periods of judicial control provided for in this Article shall be applied at half the rate in respect of children.

(1) Upon the request of the suspect or the accused, the judge or the court may, after obtaining the opinion of the public prosecutor, render a decision within five days in accordance with paragraph 2 of Article 110.

(2) Decisions relating to judicial control may be objected to.

(1) In respect of a suspect or an accused who wilfully fails to comply with the judicial control provisions, the competent judicial authority may immediately issue a pre-trial detention order, regardless of the length of the term of imprisonment that may be imposed. Added sentence: 14/4/2020, Law No. 7242, Art. 16 Where a judgment of conviction has been rendered against the person and an appeal on points of fact and law (istinaf) or an appeal on points of law (temyiz) has been lodged in respect of that judgment, the court of first instance that rendered the judgment may also issue a pre-trial detention order by examining the UYAP records.

(2) Added: 24/11/2016, Law No. 6763, Art. 24 The provision of paragraph 1 may also be applied in the case of a breach of a judicial control measure imposed due to the expiry of the maximum period of pre-trial detention. However, in this case, the period of pre-trial detention shall not exceed nine months in cases falling within the jurisdiction of the assize court and two months in other cases.

(1) The security to be furnished by the suspect or the accused shall ensure the fulfilment of the matters set out below:

a) The presence of the suspect or the accused at all procedural acts, at the execution of the judgment, or for the fulfilment of other obligations to which he may be subjected.

b) The making of payments in the order set out below:

1. Expenses incurred by the intervening party, compensation for the damage caused by the offence and restitution; maintenance debts, if the suspect or the accused is being prosecuted for failure to pay maintenance debts.

2. Public expenses.

3. Fines.

(2) In the decision obliging the suspect or the accused to furnish a security, the portions covered by the security shall be specified separately.

(1) The judge, the court or the public prosecutor may, with the consent of the suspect or the accused, order that the portions of the security covering the rights of the victim or relating to maintenance debts be paid to the victim or to the maintenance creditors, if they so request.

(2) Where a judicial decision has been rendered in favour of the victim or the maintenance creditor on account of the events constituting the subject matter of the investigation and prosecution, the payment may be ordered even without the consent of the suspect or the accused.

(1) If the convicted person has fulfilled all the obligations set out in subparagraph (a) of paragraph 1 of Article 113, the portion of the security covering subparagraph (a) of paragraph 1 of Article 113 and specified in the decision to be rendered under paragraph 2 of the same Article shall be returned to him.

(2) The second portion of the security, which has not been paid to the victim of the offence or to the maintenance creditor, shall also be returned to the suspect or the accused when a decision of non-prosecution or acquittal is rendered. Otherwise, save for a valid excuse, the security shall be recorded as revenue to the State Treasury.

(3) In the event of conviction, the security shall be used in accordance with the provisions of subparagraph (b) of paragraph 1 of Article 113, and the surplus shall be returned.

(1) Where there is reasonable suspicion that he may be apprehended or that evidence of the offence may be obtained, the person, belongings, residence, workplace or other premises belonging to the suspect or the accused may be searched.

(1) For the purpose of apprehending the suspect or the accused or obtaining evidence of the offence, the person, belongings, residence, workplace or other premises belonging to another person may also be searched.

(2) In these cases, the conduct of the search shall depend on the existence of facts that make it possible to accept that the person sought or the evidence of the offence is located in the specified places.

(3) This restriction shall not apply to places where the suspect or the accused is located, or to places he has entered while being pursued.

(1) No search may be conducted at night in a residence, workplace or other enclosed premises.

(2) The provision of paragraph 1 shall not apply in cases of flagrante delicto or where delay would be prejudicial, or in searches conducted for the purpose of recapturing a person who has escaped after having been apprehended or taken into custody, or a detainee or a convict.

(1) Amended: 25/5/2005, Law No. 5353, Art. 15 Law enforcement officers may conduct a search upon a decision of a judge or, in cases where delay would be prejudicial, upon the written order of the public prosecutor or, where the public prosecutor cannot be reached, upon the written order of the law enforcement superior. However, a search in a residence, workplace or enclosed areas not open to the public may be conducted only upon a decision of a judge or, in cases where delay would be prejudicial, upon the written order of the public prosecutor. The results of a search conducted upon the written order of the law enforcement superior shall be notified immediately to the Chief Public Prosecutor's Office.

(2) In the search decision or order:

a) The act constituting the reason for the search,

b) The person to be searched, the address of the residence or other place where the search will be conducted, or the item,

c) The period of time during which the decision or order shall be valid,

shall be clearly specified.

(3) The full identities of those carrying out the procedure shall be written in the search record. Repealed second sentence: 25/5/2005, Law No. 5353, Art. 15

(4) In order to conduct a search in a residence, workplace or other enclosed premises without the public prosecutor being present, two members of the local council of elders (ihtiyar heyeti) or two neighbours shall be made present.

(5) Amended: 25/7/2018, Law No. 7145, Art. 14 A search to be conducted in military premises shall be carried out by judicial law enforcement officers under the supervision of the public prosecutor, with the participation of the military authorities. In cases where delay would be prejudicial, a search may also be conducted by judicial law enforcement officers upon the written order of the public prosecutor, with the participation of the military authorities.

(1) The owner of the places to be searched or the possessor of the items may be present at the search; if he is not present, his representative or one of his relatives having the capacity to discern, or a person living with him, or his neighbour shall be made present.

(2) In the cases specified in paragraph 1 of Article 117, the possessor and, if he is not present, the person to be called in his place shall be informed of the purpose of the search before the search begins.

(3) The presence of the person's lawyer at the search shall not be prevented.

(1) At the end of the search, the person subjected to the search shall be given, upon his request, a document stating that the search was conducted in accordance with Articles 116 and 117 and, in the situation set out in Article 116, the nature of the act that is the subject of the investigation or prosecution; and, upon his request, a register containing the list of items seized or taken under protection; and, if nothing justifying the suspicion has been obtained, a document stating this.

(2) The documents specified in paragraph 1 shall also include the views and claims of the person subjected to the search concerning the ownership of the seized items.

(3) A complete register of the items taken under protection or seized shall be made, and these items shall be sealed with an official seal or a mark shall be placed on them.

(1) The authority to examine the documents or papers of the person subjected to the search belongs to the public prosecutor and the judge.

(2) The possessor of the documents and papers or his representative may also affix his own seal or signature. When it is subsequently decided that the seal be removed and the papers be examined, the possessor or his representative, or the defence counsel or attorney, shall be summoned to be present during this procedure; if the summons is not complied with, the necessary procedure shall be carried out.

(3) Documents or papers which, as a result of the examination, are found not to relate to the offence that is the subject of the investigation or prosecution shall be returned to the person concerned.

(1) Assets considered useful as a means of proof or constituting the subject of confiscation of items or proceeds shall be taken into safekeeping.

(2) Such items that are not surrendered voluntarily by the person holding them may be seized.

(3) Added: 27/12/2020, Law No. 7262, Art. 19 The value of the items or assets taken into safekeeping or seized shall be determined.

(1) A person holding the items or other assets set out in Article 123 shall be obliged to show and surrender them upon request.

(2) In the event of refusal, the provisions on disciplinary imprisonment in Article 60 shall be applied to the possessor of such item. However, this provision shall not be applied to the suspect or the accused or to persons who may refrain from testifying.

(1) Documents containing information relating to an act constituting an offence may not be kept secret from the court as a State secret.

(2) Documents containing information in the nature of a State secret may be examined only by the judge or the panel of the court. Information contained in these documents which is solely of a nature capable of clarifying the offence charged shall be entered in the record by the judge or the presiding judge of the court.

(3) The provision of this Article shall apply in relation to offences for which the lower limit of the term of imprisonment is five years or more.

(1) Letters and documents exchanged between the suspect or the accused and persons who may refrain from testifying under Articles 45 and 46 may not be seized as long as they are in the possession of such persons.

(1) Amended: 25/5/2005, Law No. 5353, Art. 16 Law enforcement officers may carry out a seizure upon a decision of a judge or, in cases where delay would be prejudicial, upon the written order of the public prosecutor or, where the public prosecutor cannot be reached, upon the written order of the law enforcement superior.

(2) The full identity of the law enforcement officer shall be entered in the record of the seizure.

(3) Amended: 25/5/2005, Law No. 5353, Art. 16 A seizure carried out without a judge's decision shall be submitted for the approval of the competent judge within twenty-four hours. The judge shall announce his decision within forty-eight hours from the seizure; otherwise, the seizure shall be lifted automatically.

(4) A person whose items or other assets in his possession have been seized may at any time request the judge to render a decision on this matter.

(5) The seizure shall be notified without delay to the victim who has suffered harm from the offence.

(6) Amended: 25/7/2018, Law No. 7145, Art. 15 A seizure to be carried out in military premises shall be carried out by judicial law enforcement officers under the supervision of the public prosecutor, with the participation of the military authorities. In cases where delay would be prejudicial, a seizure may also be carried out by judicial law enforcement officers upon the written order of the public prosecutor, with the participation of the military authorities.

(1) In cases where there is strong suspicion, based on concrete evidence, that the offence that is the subject of the investigation or prosecution has been committed and that the following have been obtained from such offences, the following belonging to the suspect or the accused:

a) Immovable property,

b) Land, sea or air transport vehicles,

c) All kinds of accounts at banks or other financial institutions,

d) All kinds of rights and receivables held with natural or legal persons,

e) Negotiable instruments,

f) Shares in a company in which he is a partner,

g) Contents of safe deposit boxes,

h) Other assets,

may be seized. The seizure may be carried out even if such concretely identified immovable property, rights, receivables and other assets are in the possession of a person other than the suspect or the accused. Added sentence: 21/2/2014, Law No. 6526, Art. 10 In order for a seizure decision to be issued within the scope of this Article, a report on the value obtained from the offence shall be obtained, as relevant, from the Banking Regulation and Supervision Agency, the Capital Markets Board, the Financial Crimes Investigation Board, the Undersecretariat of Treasury and the Public Oversight, Accounting and Auditing Standards Authority. This report shall be prepared within three months at the latest. Where special reasons so require, this period may be extended by two more months upon request.

(2) The provision of paragraph 1, in respect of:

a) The following offences defined in the Turkish Penal Code:

1. Genocide and crimes against humanity (Articles 76, 77, 78),

2. Migrant smuggling and human trafficking (Articles 79, 80) and trafficking in organs or tissues (Article 91),

3. Theft (Articles 141, 142),

4. Robbery (Articles 148, 149),

5. Breach of trust (Article 155),

6. Fraud (Articles 157, 158),

7. Fraudulent bankruptcy (Article 161),

8. Manufacture of and trade in narcotic or stimulant substances (Article 188),

9. Counterfeiting money (Article 197),

10. Repealed: 21/2/2014, Law No. 6526, Art. 10; Re-enacted: 24/11/2016, Law No. 6763, Art. 25 Establishing an organisation for the purpose of committing offences (Article 220, paragraph three),

11. Bid rigging (Article 235),

12. Rigging the performance of an obligation (Article 236),

13. Added: 24/11/2016, Law No. 6763, Art. 25 Usury (Article 241),

14. Embezzlement (Article 247),

15. Extortion by public officials (irtikap) (Article 250)

16. Bribery (Article 252),

17. Offences against the Security of the State (Articles 302, 303, 304, 305, 306, 307, 308),

18. Amended: 2/12/2014, Law No. 6572, Art. 41 Offences against the Constitutional Order and the Functioning of this Order (Articles 309, 311, 312, 313, 314, 315, 316),

19. Offences against State Secrets and Espionage (Articles 328, 329, 330, 331, 333, 334, 335, 336, 337).

b) Offences of arms smuggling (Article 12) defined in the Law on Firearms, Knives and Other Tools,

c) The offence of embezzlement defined in paragraphs (3) and (4) of Article 22 of the Banking Law,

d) Offences defined in the Anti-Smuggling Law that are punishable by imprisonment,

e) Offences defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property,

shall apply.

(3) A decision to seize immovable property shall be executed by means of an annotation in the land register.

(4) A seizure decision rendered in respect of land, sea and air transport vehicles shall be executed by means of an annotation in the registry in which such vehicles are registered.

(5) A decision to seize any kind of account at a bank or other financial institution shall be executed by notifying the relevant bank or financial institution immediately by means of technical communication. The said decision shall also be served on the relevant bank or financial institution. Transactions carried out on the accounts after the seizure decision has been issued with the aim of rendering this decision ineffective shall be null and void.

(6) A decision to seize shares in a company shall be executed by notifying the management of the relevant company and the trade registry directorate where the company is registered immediately by means of technical communication. The said decision shall also be served on the relevant company and the trade registry directorate.

(7) A decision to seize rights and receivables shall be executed by notifying the relevant natural or legal person immediately by means of technical communication. The said decision shall also be served on the relevant natural or legal person.

(8) In the event of acting contrary to the requirements of a seizure decision issued pursuant to this Article, the provisions of Article 289 of the Turkish Penal Code entitled "Abuse of custodial duty" shall apply.

(9) Amended: 24/11/2016, Law No. 6763, Art. 25 Only a judge may decide on seizure under the provisions of this Article and on the appointment of a trustee pursuant to paragraph 10.

(10) Added: 15/8/2016, Decree-Law No. 674, Art. 13; Adopted without amendment: 10/11/2016, Law No. 6758, Art. 13 Where the administration of immovable property, rights and receivables seized pursuant to this Article is necessary, a trustee may be appointed for the purpose of managing these assets. In this case, the provisions of Article 133 shall apply by analogy.

Added: 24/12/2025, Law No. 7571, Art. 22

(1) Where there is reasonable suspicion that the following offences set out in the Turkish Penal Code have been committed:

a) Qualified theft (Article 142, paragraph 2, subparagraph e),

b) Qualified fraud (Article 158, paragraph 1, subparagraphs f and l),

c) Misuse of bank or credit cards (Article 245),

the relevant bank, payment service provider or crypto asset service provider may decide to suspend, for up to forty-eight hours, any account used in the offence that is the subject of transactions carried out or attempted with or through a bank, payment service provider or crypto asset service provider.

(2) The suspension and the account movements shall be reported immediately by the relevant financial institution, together with all information and documents, to the chief public prosecutor's office. The suspension shall also be notified to the account holder. The account holder may apply to the chief public prosecutor's office for the lifting of the suspension. The public prosecutor shall decide on the application within twenty-four hours.

(3) Where it is established, before the suspension has been completed, that the benefit constituting the subject of the offence has been transferred to another financial institution, this shall be notified without delay by the bank, payment service provider or crypto asset service provider to the relevant financial institution so that the suspension can be carried out.

(4) The benefit constituting the subject of the offence held in an account suspended by the financial institution pursuant to paragraph 1, or suspended upon the written order of the public prosecutor, may be seized within the suspension period upon a decision of a judge or, in cases where delay would be prejudicial, upon the written order of the public prosecutor. A seizure carried out without a judge's decision shall be submitted within twenty-four hours to the approval of the competent judge. The judge shall announce his or her decision within forty-eight hours of the seizure; otherwise, the seizure shall be lifted automatically. For the purposes of carrying out a seizure under the provisions of this Article, the requirement of obtaining a report set out in Article 128 shall not apply.

(5) Where it is understood that the seized benefit constituting the subject of the offence belongs to the victim harmed by the offence, it shall be returned to its owner during the investigation or prosecution stage.

(6) Natural and legal persons who decide on suspension pursuant to this Article shall not be held liable under civil law.

(7) Within the scope of an ongoing investigation or prosecution, information or documents requested by the public prosecutor, judge or court from a bank, payment service provider or crypto asset service provider must be sent in physical or electronic form within ten days. Where the requested information or documents are not sent or are sent incompletely, an administrative fine of fifty thousand Turkish Liras to three hundred thousand Turkish Liras shall be imposed by the public prosecutor on the relevant bank, payment service provider or crypto asset service provider.

(1) Items held at any official or private institution providing postal services, which are suspected of constituting evidence of the offence and whose being at the disposal of the judiciary during the investigation and prosecution is deemed necessary for the discovery of the truth, may be seized upon the decision of a judge or, in cases where delay would be prejudicial, of the public prosecutor.

(2) Law enforcement officers executing the seizure upon being notified of the judge's decision or the public prosecutor's order may not open the envelopes or packages containing the items specified in paragraph 1. Seized items shall be placed under seal in the presence of the relevant postal officials and delivered immediately to the judge or public prosecutor who issued the seizure decision or order.

(3) Added: 20/11/2017, Decree-Law No. 696, Art. 94; adopted without amendment: 1/2/2018, Law No. 7079, Art. 89 Where the seizure decision or order is issued in relation to the offences listed below, the envelopes or packages containing the items may be opened by law enforcement officers upon the instruction of the public prosecutor.

a) Under Turkish Penal Code No. 5237, the following:

1. Unlawful possession or transfer of hazardous substances (Article 174),

2. Manufacture of and trade in narcotic or stimulant substances (Article 188),

offences.

b) Offences defined in Articles 12 and 13 of the Law No. 6136 dated 10/7/1953 on Firearms, Knives and Other Tools.

c) Offences defined in Articles 67 and 68 of the Law No. 2863 dated 21/7/1983 on the Protection of Cultural and Natural Property.

(4) Unless there is a likelihood of harming the purpose of the investigation and prosecution, the measures taken shall be notified to the persons concerned.

(5) Items in respect of which it has been decided that they need not be opened or, having been opened, need not be kept at the disposal of the judiciary in view of their content, shall be delivered immediately to the persons concerned.

(1) Law offices may be searched only upon a court decision and in relation to the incident specified in the decision, under the supervision of the public prosecutor. The president of the bar association or a lawyer representing him or her shall be present during the search.

(2) With respect to items whose seizure has been decided as a result of the search, where the lawyer whose office is searched, the president of the bar association or the lawyer representing him or her objects by asserting that they pertain to the professional relationship between the lawyer and his or her client, the item shall be placed in a separate envelope or package and sealed by those present, and the criminal judgeship of peace during the investigation stage, or the judge or court during the prosecution stage, shall be requested to render the necessary decision on the matter. Where the competent judge establishes that the seized item pertains to the professional relationship between the lawyer and his or her client, the seized item shall be returned immediately to the lawyer and the records documenting the action taken shall be destroyed. The decisions provided for in this paragraph shall be rendered within twenty-four hours.

(3) In the case of seizure of postal items, upon an objection by the lawyer whose office is searched, the president of the bar association or the lawyer representing him or her, the procedures specified in paragraph 2 shall apply.

(1) Where seized property belonging to the suspect, the accused or third persons no longer needs to be preserved for the purposes of the investigation and prosecution, or it is understood that it will not be subject to confiscation, the public prosecutor, judge or court shall decide, ex officio or upon request, that it be returned. Decisions rejecting the request may be objected to.

(2) Property or other assets seized pursuant to the provisions of Article 128 shall be returned to their owner where they belong to the victim harmed by the offence and are no longer needed as evidence.

(1) Seized property may be disposed of before the judgment becomes final where there is a danger that it will be damaged or suffer a substantial loss in value.

(2) The decision on disposal shall be rendered by the judge during the investigation stage and by the court during the prosecution stage.

(3) Before the decision is rendered, the suspect, the accused or other persons concerned who own the property shall be heard; the decision on disposal shall be notified to them.

(4) The necessary measures shall be taken to preserve the value of the seized property and to prevent it from being damaged.

(5) Seized property may be delivered for safekeeping to the suspect, the accused or another person by the Chief Public Prosecutor's Office during the investigation stage and by the court during the prosecution stage, on condition that measures concerning its maintenance and supervision are taken and that it is returned immediately when requested. Such release may also be made conditional upon the provision of security.

(6) Where seized property no longer needs to be kept as evidence, it may be delivered to the person concerned against immediate payment of its market value. In this case, the market value paid shall constitute the subject of the confiscation decision.

(1) Where there are strong grounds for suspicion that the offence is being committed within the framework of a company's activities and this is necessary for the discovery of the material truth, the judge or court may, during the investigation and prosecution process, appoint a trustee in relation to the conduct of the company's affairs. The appointment decision shall expressly state whether the validity of the decisions and acts of the management body has been made subject to the approval of the trustee, or whether the powers of the management body, or the powers of the management body together with the powers to administer shareholdings or securities, have been vested entirely in the trustee. The decision on the appointment of a trustee shall be announced in the trade registry gazette and through other appropriate means.

(2) The fee determined by the judge or court for the trustee shall be covered from the company's budget. However, where a decision of non-prosecution or acquittal is rendered in respect of the offence that is the subject of the investigation or prosecution, the entire amount paid as fee from the company's budget shall be covered, together with statutory interest, by the State Treasury.

(3) Persons concerned may apply to the competent court against the acts of the appointed trustee in accordance with the provisions of Turkish Civil Code No. 4721 dated 22.11.2001 and Turkish Commercial Code No. 6762 dated 29.6.1956.

(4) The provisions of this Article may be applied only in relation to the offences listed below.

a) Under the Turkish Penal Code, the following:

1. Migrant smuggling and human trafficking (Articles 79, 80),

2. Manufacture of and trade in narcotic or stimulant substances (Article 188),

3. Counterfeiting money (Article 197),

4. Prostitution (Article 227),

5. Providing a place and facilities for gambling (Article 228),

6. Embezzlement (Article 247),

7. Laundering of assets derived from crime (Article 282),

8. Armed organisation (Article 314) or supplying weapons to such organisations (Article 315),

9. Offences against State Secrets and Espionage (Articles 328, 329, 330, 331, 333, 334, 335, 336, 337),

offences,

b) Offences of arms smuggling (Article 12) defined in the Law on Firearms, Knives and Other Tools,

c) The offence of embezzlement defined in paragraphs (3) and (4) of Article 22 of the Banking Law,

d) Offences defined in the Anti-Smuggling Law that require a penalty of imprisonment,

e) Offences defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property.

(5) Added: 1/7/2016, Law No. 6723, Art. 32 Actions for compensation arising from acts and transactions of trustees appointed pursuant to this Article in connection with their duties shall be brought against the State pursuant to Articles 142 to 144. The State shall have recourse, within one year, against trustees who abused their duty by acting contrary to its requirements, for the compensation it has paid.

(1) In an investigation conducted in respect of an offence, where there are strong grounds for suspicion based on concrete evidence and there is no other possibility of obtaining evidence, the judge or, in cases where delay would be prejudicial, the public prosecutor shall decide on the search of the computer and computer programs and computer logs used by the suspect, the making of copies of computer records, and the decoding and transcription of these records into text. Three sentences added: 25/7/2018, Law No. 7145, Art. 16 Decisions issued by the public prosecutor shall be submitted to the approval of the judge within twenty-four hours. The judge shall render his or her decision within twenty-four hours at the latest. Upon expiry of the period or where the judge decides otherwise, the copies made and the decoded texts shall be destroyed immediately.

(2) Where computers, computer programs and computer logs cannot be accessed because the password cannot be broken, or hidden information cannot be reached, or the process would take a long time, these tools and equipment may be seized so that decoding can be performed and the necessary copies taken. Once the password has been broken and the necessary copies taken, the seized devices shall be returned without delay.

(3) During the seizure of computers or computer logs, a backup of all data in the system shall be made.

(4) A copy of the backup taken pursuant to paragraph 3 shall be made and given to the suspect or his or her attorney, and this shall be recorded in minutes and signed.

(5) A copy of all or part of the data in the system may also be taken without seizing the computer or computer logs. The copied data shall be printed on paper, this shall be recorded in minutes, and signed by the persons concerned.

(1) Amended: 21/2/2014, Law No. 6526, Art. 12 In an investigation and prosecution conducted in respect of an offence, where there are strong grounds for suspicion based on concrete evidence that the offence has been committed and there is no other possibility of obtaining evidence, the communications of the suspect or accused through telecommunications may be intercepted and recorded, and signal information may be evaluated, upon the decision of the judge or, in cases where delay would be prejudicial, of the public prosecutor. The public prosecutor shall immediately submit his or her decision to the approval of the judge, and the judge shall render his or her decision within twenty-four hours at the latest. Upon expiry of the period or where the judge decides otherwise, the measure shall be lifted immediately by the public prosecutor. Last two sentences repealed: 24/11/2016, Law No. 6763, Art. 26

(2) Added: 21/2/2014, Law No. 6526, Art. 12 When making the request, a document or report showing the owner and, if known, the user of the line or communication device in respect of which a measure decision is to be issued under this Article shall be attached.

(3) Communications between the suspect or accused and persons who may refuse to testify as witnesses may not be recorded. Where this is understood after the recording has taken place, the records obtained shall be destroyed immediately.

(4) The decision issued pursuant to paragraph 1 shall specify the type of the offence charged, the identity of the person against whom the measure is to be applied, the type of communication device, the telephone number or the code enabling identification of the communication connection, and the type, scope and duration of the measure. A measure decision may be issued for a maximum of two months; this period may be extended by one more month. Sentence added: 25/5/2005, Law No. 5353, Art. 17 However, where deemed necessary in relation to offences committed within the framework of the activities of an organisation, the judge may decide, in addition to the above periods, to extend it each time for no more than one month and not exceeding three months in total.

(5) In order to apprehend the suspect or accused, the location of the mobile telephone may be determined on the basis of a decision of the judge or, in cases where delay would be prejudicial, of the public prosecutor. The decision issued on this matter shall specify the mobile telephone number and the duration of the detection. Detection may be carried out for a maximum of two months; this period may be extended by one more month.

(6) Added: 2/12/2014, Law No. 6572, Art. 42 Identification of the telecommunications of the suspect and accused shall be carried out on the basis of a decision of the judge or, in cases where delay would be prejudicial, of the public prosecutor during the investigation stage, and of the court during the prosecution stage. The decision shall specify the type of the offence charged, the identity of the person against whom the measure is to be applied, the type of communication device, the telephone number or the code enabling identification of the communication connection, and the duration of the measure. Sentences added: 24/11/2016, Law No. 6763, Art. 26 The public prosecutor shall submit his or her decision to the approval of the judge within twenty-four hours, and the judge shall render his or her decision within twenty-four hours at the latest. Upon expiry of the period or where the judge decides otherwise, the records shall be destroyed immediately.

(7) Decisions taken and actions carried out pursuant to the provisions of this Article shall be kept confidential throughout the duration of the measure.

(8) The provisions on interception, recording and evaluation of signal information under this Article may be applied only in relation to the offences listed below:

a) Under the Turkish Penal Code, the following:

1. Migrant smuggling and human trafficking (Articles 79, 80) and trafficking in organs or tissue (Article 91),

2. Intentional killing (Articles 81, 82, 83),

3. Torture (Articles 94, 95),

4. Sexual assault (except paragraph 1, Article 102),

5. Sexual abuse of children (Article 103),

6. Added: 21/2/2014, Law No. 6526, Art. 12 Qualified theft (Article 142) and robbery (Articles 148, 149) and qualified fraud (Article 158),

7. Manufacture of and trade in narcotic or stimulant substances (Article 188),

8. Counterfeiting money (Article 197),

9. Repealed: 21/2/2014, Law No. 6526, Art. 12; Re-enacted: 24/11/2016, Law No. 6763, Art. 26 Establishing an organisation for the purpose of committing offences (Article 220, paragraph 3),

10. Added: 25/5/2005, Law No. 5353, Art. 17 Prostitution (Article 227),

11. Bid rigging (Article 235),

12. Added: 24/11/2016, Law No. 6763, Art. 26 Usury (Article 241),

13. Bribery (Article 252),

14. Laundering of assets derived from crime (Article 282),

15. Amended: 2/12/2014, Law No. 6572, Art. 42 Disrupting the unity of the State and the territorial integrity of the country (Article 302),

16. Added: 2/12/2014, Law No. 6572, Art. 42 Offences against the Constitutional Order and the Functioning of this Order (Articles 309, 311, 312, 313, 314, 315, 316),

17. Offences against State Secrets and Espionage (Articles 328, 329, 330, 331, 333, 334, 335, 336, 337) offences.

b) Offences of arms smuggling (Article 12) defined in the Law on Firearms, Knives and Other Tools.

c) Added: 25/5/2005, Law No. 5353, Art. 17 The offence of embezzlement defined in paragraphs (3) and (4) of Article 22 of the Banking Law,

d) Offences defined in the Anti-Smuggling Law that require a penalty of imprisonment.

e) Offences defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property.

(9) No one may intercept or record the telecommunications of another person outside the principles and procedures set out in this Article.

(1) The provision of Article 135 may not be applied to telecommunication devices at the office, residence and domicile of defence counsel in respect of the offence charged to the suspect or accused.

(1) Where, pursuant to a decision to be issued under Article 135, the public prosecutor or the judicial law enforcement officer he or she assigns requests in writing from the officials of institutions and organisations providing telecommunication services that the detection, interception or recording of communications be carried out and that devices be installed for this purpose, this request shall be fulfilled immediately; where it is not fulfilled, force may be used. The date and time at which the operation began and ended, and the identity of the person carrying it out, shall be recorded in minutes.

(2) Records kept pursuant to a decision issued under Article 135 shall be decoded and transcribed into text by persons assigned by the Public Prosecutor's Office. Records in a foreign language shall be translated into Turkish through an interpreter.

(3) Where, during the execution of a decision issued under Article 135, a decision of non-prosecution is rendered in respect of the suspect, or the approval of the judge cannot be obtained pursuant to paragraph 1 of the same Article, its execution shall be terminated immediately by the public prosecutor. In this case, the records relating to the detection or interception carried out shall be destroyed under the supervision of the public prosecutor within ten days at the latest, and the situation shall be recorded in minutes. Sentence added: 8/7/2021, Law No. 7331, Art. 18 Where a decision of acquittal is rendered, the records relating to the detection or interception shall likewise be destroyed by the same procedure under the supervision of a judge.

(4) Where records relating to detection and interception are destroyed, the Chief Public Prosecutor's Office or the court shall inform the person concerned in writing, within fifteen days at the latest from the end of the investigation or prosecution stage, of the reason, scope, duration and outcome of the measure.

(1) If, during the implementation of the protective measures of search or seizure, evidence is obtained that is unrelated to the ongoing investigation or prosecution but may give rise to suspicion that another offence has been committed, this evidence shall be secured and the situation shall be reported immediately to the Public Prosecutor's Office.

(2) If, during the interception of communications conducted through telecommunications, evidence is obtained that is unrelated to the ongoing investigation or prosecution but may give rise to suspicion that one of the offences listed in paragraph 6 of Article 135 has been committed, this evidence shall be secured and the situation shall be reported immediately to the Public Prosecutor's Office.

(1) Amended: 21/2/2014, Law No. 6526, Art. 13 Where there are strong grounds for suspicion, based on concrete evidence, that the offence under investigation has been committed and evidence cannot be obtained by other means, public officials may be assigned as undercover investigators. The assignment to be made under this Article shall be decided by a judge. Last sentence repealed: 24/11/2016, Law No. 6763, Art. 27

(2) The identity of the investigator may be changed. Legal transactions may be carried out under this identity. Where this is indispensable for the creation and maintenance of the identity, the necessary documents may be prepared, altered and used.

(3) The decision and other documents relating to the assignment of the investigator shall be kept at the relevant Chief Public Prosecutor's Office. The identity of the investigator shall be kept confidential even after the termination of his or her assignment. Sentences added: 15/8/2017, Decree-Law No. 694, Art. 142; adopted without amendment: 1/2/2018, Law No. 7078, Art. 137 Where it is indispensable to hear the investigator as a witness during the prosecution stage, he or she shall be heard in a special setting without the presence of those entitled to be present at the hearing, or with his or her voice or image altered. In this case, the provision of Article 9 of the Witness Protection Law No. 5726 dated 27/12/2007 shall apply by analogy.

(4) The investigator shall be obliged to conduct all kinds of inquiries concerning the organisation whose activities he or she has been assigned to monitor and to collect evidence relating to the offences committed within the framework of the activities of that organisation. Sentence added: 28/3/2023, Law No. 7445, Art. 19 The judge may permit the investigator to make audio or video recordings in places open to the public and in workplaces for the purpose of collecting evidence with respect to the offence set out in item (1) of subparagraph (a) of paragraph 7.

(5) The investigator may not commit offences while performing his or her duty and may not be held responsible for the offences being committed by the organisation to which he or she has been assigned.

(6) Personal information obtained through the assignment of an investigator may not be used outside the criminal investigation and prosecution for which he or she was assigned. Added: 21/2/2014, Law No. 6526, Art. 13 Personal information not connected with the offence shall be destroyed immediately.

(7) The provisions of this Article may be applied only in relation to the offences listed below:

a) Under the Turkish Penal Code;

1. Manufacture of and trade in narcotic or stimulant substances (Article 188), regardless of whether committed within the framework of the activities of an organisation,

2. Establishing an organisation for the purpose of committing offences (Article 220, excluding paragraphs 2, 7 and 8),

3. Armed organisation (Article 314) or supplying weapons to such organisations (Article 315).

b) Offences of arms smuggling (Article 12) defined in the Law on Firearms, Knives and Other Instruments.

c) Offences defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property.

(1) Where there are strong grounds for suspicion, based on concrete evidence, that the following offences have been committed and evidence cannot be obtained by other means, the activities of the suspect or accused in places open to the public and his or her workplace may be monitored by technical means, and audio or video recordings may be made:

a) Under the Turkish Penal Code;

1. Migrant smuggling and human trafficking (Articles 79, 80) and trafficking in organs or tissues (Article 91),

2. Intentional killing (Articles 81, 82, 83),

3. Added: 21/2/2014, Law No. 6526, Art. 14 Qualified theft (Article 142), robbery (Articles 148, 149) and qualified fraud (Article 158),

4. Manufacture of and trade in narcotic or stimulant substances (Article 188),

5. Counterfeiting money (Article 197),

6. Repealed: 21/2/2014, Law No. 6526, Art. 14; Re-enacted: 24/11/2016, Law No. 6763, Art. 28 Establishing an organisation for the purpose of committing offences (Article 220, paragraph 3),

7. Added: 25/5/2005, Law No. 5353, Art. 19 Prostitution (Article 227)

8. Bid rigging (Article 235),

9. Added: 24/11/2016, Law No. 6763, Art. 28 Usury (Article 241),

10. Bribery (Article 252),

11. Laundering of assets derived from offences (Article 282),

12. Amended: 2/12/2014, Law No. 6572, Art. 43 Disrupting the unity of the State and the territorial integrity of the country (Article 302),

13. Added: 2/12/2014, Law No. 6572, Art. 43 Offences against the Constitutional Order and the Functioning of this Order (Articles 309, 311, 312, 313, 314, 315, 316),

14. Offences against State Secrets and Espionage (Articles 328, 329, 330, 331, 333, 334, 335, 336, 337),

being offences under that Code.

b) Offences of arms smuggling (Article 12) defined in the Law on Firearms, Knives and Other Instruments.

c) Offences defined in the Anti-Smuggling Law that are punishable by imprisonment.

d) Offences defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property.

(2) Amended: 24/11/2016, Law No. 6763, Art. 28 Monitoring by technical means shall be decided by a judge or, in cases where delay would be prejudicial, by the public prosecutor. Decisions given by the public prosecutor shall be submitted for the approval of the judge within twenty-four hours. The judge shall give his or her decision within twenty-four hours at the latest. Upon expiry of the time limit or where the judge decides otherwise, the recordings shall be destroyed immediately.

(3) Amended: 21/2/2014, Law No. 6526, Art. 14 A decision for monitoring by technical means may be given for a period of at most three weeks. This period may, where necessary, be extended by one more week. However, where deemed necessary in relation to offences committed within the framework of the activities of an organisation, the judge may, in addition to the above periods, decide on extensions not exceeding one week each time and not exceeding four weeks in total. Sentence added: 15/8/2017, Decree-Law No. 694, Art. 143; adopted without amendment: 1/2/2018, Law No. 7078, Art. 138 Where an undercover investigator is assigned together with the measure of monitoring by technical means, the periods specified in this paragraph shall be applied doubled.

(4) The evidence obtained may not be used outside the investigation and prosecution relating to the offences listed above; where it is not necessary for the purposes of the criminal prosecution, it shall be destroyed immediately under the supervision of the public prosecutor.

(5) The provisions of this Article may not be applied in the dwelling of a person.

Added: 20/11/2017, Decree-Law No. 696, Art. 95; adopted without amendment: 1/2/2018, Law No. 7079, Art. 90

(1) The procedures and principles concerning the implementation of the protective measures regulated in Articles 135 to 140 of this Code shall be governed by regulation.

(1) Persons who, during a criminal investigation or prosecution:

a) were apprehended, placed in pre-trial detention or in respect of whom the continuation of detention was ordered, other than under the conditions specified in the laws,

b) were not brought before a judge within the legal custody period,

c) were placed in pre-trial detention without being reminded of their legal rights or without their request to benefit from the rights reminded to them being fulfilled,

d) although lawfully placed in pre-trial detention, were not brought before the trial authority within a reasonable time and in respect of whom no judgment was given within that time,

e) after being lawfully apprehended or placed in pre-trial detention, were the subject of a decision of non-prosecution or of acquittal,

f) having been convicted, spent periods in custody and pre-trial detention exceeding their sentences, or were necessarily punished with a fine because the penalty prescribed by law for the offence committed is only a fine,

g) were not informed of the reasons for their apprehension or pre-trial detention and of the charges against them, in writing or, where this is not immediately possible, orally,

h) whose apprehension or pre-trial detention was not notified to their relatives,

i) in respect of whom a search decision was executed in a disproportionate manner,

j) whose belongings or other assets were seized although the conditions were not met, or for the protection of which the necessary measures were not taken, or whose belongings or other assets were used for purposes other than intended or were not returned in time,

k) Added: 11/4/2013, Law No. 6459, Art. 17 were not allowed to benefit from the remedies provided by Law against apprehension, judicial control or pre-trial detention,

l) Added: 2/3/2024, Law No. 7499, Art. 12 were the subject of a decision of non-prosecution or of acquittal after having been subjected to judicial control obligations in the form of not leaving their dwelling, or of submitting to and accepting treatment or examination measures, including hospitalisation for the purpose of recovering from addiction to narcotic, stimulant or volatile substances or alcohol,

may claim from the State compensation for all kinds of pecuniary and non-pecuniary damage.

(2) The authorities giving the decisions specified in subparagraphs (e), (f) and (l) of paragraph 1 shall notify the person concerned that he or she has a right to compensation, and this shall be recorded in the decision given.

(3) Added: 18/6/2014, Law No. 6545, Art. 70 Apart from the cases set out in paragraph 1, actions for compensation on account of the decisions given or acts performed by judges and public prosecutors during a criminal investigation or prosecution, including cases of personal fault, tort or other grounds of liability, may be brought only against the State.

(4) Added: 18/6/2014, Law No. 6545, Art. 70 The State shall, within one year, have recourse for the compensation it has paid against judges and public prosecutors who abused their office by acting contrary to the requirements of their duty.

(1) A claim for compensation may be made within three months from the notification to the person concerned of the finalisation of the decisions or judgments and, in any event, within one year following the date on which the decisions or judgments became final.

(2) The claim shall be decided by the assize court (ağır ceza mahkemesi) of the place where the injured person resides and, if the assize court of that place is connected with the act giving rise to compensation and there is no other assize chamber in the same place, by the assize court of the nearest place. Sentences added: 2/3/2024, Law No. 7499, Art. 13 However, with respect to claims falling within the scope of subparagraphs (e), (f) and (l) of paragraph 1 of Article 141, the provisions of the Law No. 6384 dated 9/1/2013 on the Duties and the Working Procedures and Principles of the Compensation Commission shall apply. Claims made to the assize court under this paragraph despite falling within the scope of Law No. 6384 shall be sent to the Commission. Where claims falling within and outside the jurisdiction of the assize court are made together, the assize court shall separate the claims falling outside its jurisdiction and send them to the Commission. In these cases, the date of the claim made to the assize court shall be taken as the basis.

(3) The person claiming compensation shall state in his or her petition his or her full identity and address, the act through which he or she suffered damage and the nature and extent of the damage, and shall attach the supporting documents.

(4) Where the information and documents in the petition are insufficient, the court shall notify the person concerned that the deficiency must be remedied within one month, failing which the claim will be rejected. A petition whose deficiency is not remedied within the time limit shall be rejected by the court, subject to the remedy of objection.

(5) After examining the file, the court shall serve a copy of the petition and annexed documents that it has found sufficient on the representative of the State Treasury within its judicial district, and shall request that any statements and objections be submitted in writing within two weeks.

(6) In assessing the claim and the evidentiary documents and in determining the amount of compensation to be awarded according to the general principles of the law of compensation, the court shall be authorised to conduct, or to have one of its judges conduct, any investigation it deems necessary.

(7) Amended: 25/5/2005, Law No. 5353, Art. 20 The court shall give its decision after a hearing. If the claimant and the Treasury representative fail to appear despite service of an explanatory summons, the decision may be given in their absence.

(8) The claimant, the public prosecutor or the Treasury representative may appeal against the decision before the regional court of appeal (istinaf); the review shall be conducted with priority and urgency. Sentences added: 2/3/2024, Law No. 7499, Art. 13 If the decision is not found to be correct, the regional court of appeal shall decide on the merits of the matter. Decisions given by regional courts of appeal under this paragraph are final.

(9) Added: 15/8/2017, Decree-Law No. 694, Art. 144; adopted without amendment: 1/2/2018, Law No. 7078, Art. 139 In compensation actions, a proportional attorney's fee calculated in accordance with the Minimum Attorneys' Fee Tariff shall be paid. However, the amount to be paid may not be less than the fixed fee determined in the Tariff for matters handled before criminal judgeships of peace, nor more than the fixed fee determined for cases handled before assize courts.

(10) Added: 15/8/2017, Decree-Law No. 694, Art. 144; adopted without amendment: 1/2/2018, Law No. 7078, Art. 139 Court decisions concerning compensation may not be subjected to enforcement proceedings before they become final and before the administrative application process is completed. The compensation and attorney's fee awarded in the final court decision shall be paid, within thirty days from the date of notification, into the bank account number notified in writing to the defendant administration by the claimant or his or her attorney. If payment is not made within this period, the decision shall be executed and enforced in accordance with the general provisions.

(1) The portion relating to the term of conviction of the compensation paid to persons against whom a public action was brought after the decision of non-prosecution concerning them was subsequently set aside and who were convicted, and to persons whose acquittal was set aside through the reopening of proceedings to their detriment and who were convicted, shall be recovered, upon the written request of the public prosecutor, by a decision to be obtained from the same court, by applying the provisions of the legislation on the collection of public receivables. This decision may be objected to.

(2) Repealed: 18/6/2014, Law No. 6545, Art. 103

(3) In cases of custody and pre-trial detention on account of an offence constituting the subject of a false accusation or on account of false testimony, the State shall also have recourse against the person who made the false accusation or gave the false testimony.

(1) Among persons lawfully apprehended, placed under judicial control or placed in pre-trial detention, the following may not claim compensation:

a) Repealed: 11/4/2013, Law No. 6459, Art. 18

b) Persons who were not entitled to compensation but whose situation became eligible for a claim for compensation by virtue of a law subsequently entering into force and introducing favourable provisions.

c) Persons in respect of whom, on grounds such as general or special amnesty, withdrawal of complaint or reconciliation, a decision of non-prosecution or of discontinuance of the case was given, or whose public action was temporarily suspended, or whose public action was deferred or discontinued.

d) Persons in respect of whom a decision that no penalty is to be imposed was given due to lack of criminal capacity.

e) Persons who caused their being taken into custody, placed under judicial control or placed in pre-trial detention by declaring, through untrue statements before judicial authorities, that they committed or participated in an offence.

(1) The person whose statement is to be taken or who is to be interrogated shall be summoned by a summons; the reason for the summons shall be clearly stated; it shall be written that he or she will be brought by force if he or she fails to appear.

(1) Amended: 6/12/2006, Law No. 5560, Art. 20 It may be decided that a suspect or accused in respect of whom there are sufficient grounds for ordering pre-trial detention or issuing an arrest warrant, or who fails to appear despite having been summoned under Article 145, be brought by force.

(2) The decision to bring by force shall contain the clear identity of the suspect or accused, the offence concerning him or her, where necessary his or her physical description, and the reasons for bringing him or her by force.

(3) A copy of the decision to bring by force shall be given to the suspect or accused.

(4) Amended: 6/12/2006, Law No. 5560, Art. 20 The suspect or accused summoned by a decision to bring by force shall be brought immediately or, where this is not possible, within twenty-four hours at the latest excluding travel time, before the judge, court or public prosecutor who summoned him or her, and shall be interrogated or his or her statement shall be taken.

(5) Amended: 6/12/2006, Law No. 5560, Art. 20 Bringing by force shall begin at a time deemed justified for this purpose and shall continue until the end of the interrogation or statement-taking by the judge, court or public prosecutor.

(6) The reasons why the decision to bring by force could not be executed shall be established in a report to be signed jointly by the village or neighbourhood headman (muhtar) and the law enforcement officer.

(7) Added: 6/12/2006, Law No. 5560, Art. 20 A decision to bring by force may also be given in respect of a witness, expert, victim or complainant who fails to appear despite being summoned.

(1) In taking the statement of or interrogating the suspect or accused, the following shall be observed:

a) The identity of the suspect or accused shall be established. The suspect or accused is obliged to answer questions relating to his or her identity truthfully.

b) The offence imputed to him or her shall be explained.

c) He or she shall be informed that he or she has the right to choose defence counsel and may benefit from counsel's legal assistance, and that defence counsel may be present during his or her statement or interrogation. Where he or she is not in a position to choose defence counsel and wishes to benefit from the assistance of defence counsel, defence counsel shall be appointed for him or her by the bar association.

d) Without prejudice to the provision of Article 95, a relative of the apprehended person's choosing shall immediately be notified of the apprehension.

e) He or she shall be told that he or she has the legal right not to make any statement concerning the imputed offence.

f) He or she shall be reminded that he or she may request the collection of concrete evidence in order to be cleared of suspicion, and shall be given the opportunity to remove the grounds of suspicion existing against him or her and to put forward matters in his or her favour.

g) Information shall be obtained on the personal and economic circumstances of the person giving the statement or being interrogated.

h) Technical means shall be used in recording the statement and interrogation procedures.

i) The statement or interrogation shall be recorded in minutes. These minutes shall contain the following:

1. The place and date at which the statement-taking or interrogation was carried out.

2. The names and capacities of the persons present during the statement-taking or interrogation, and the full identity of the person giving the statement or being interrogated.

3. Whether the above procedures were carried out in the statement-taking or interrogation and, if they were not carried out, the reasons therefor.

4. That the content of the minutes was read by the person giving the statement or being interrogated and by the defence counsel present, and that their signatures were obtained.

5. In case of refusal to sign, the reasons therefor.

(1) The statement of the suspect and of the accused must be based on his or her free will. Physical or mental interference capable of impeding this, such as ill-treatment, torture, administration of drugs, causing exhaustion, deception, use of force or threats, or the use of certain devices, may not be carried out.

(2) No benefit contrary to law may be promised.

(3) Statements obtained by prohibited methods may not be evaluated as evidence even if given with consent.

(4) A statement taken by law enforcement without the presence of defence counsel may not form the basis of a judgment unless confirmed by the suspect or accused before a judge or court.

(5) Where the need arises to take the statement of the suspect again in relation to the same incident, this may be done only by the public prosecutor.

(1) The suspect or accused may benefit from the assistance of one or more defence counsel at every stage of the investigation and prosecution; if he or she has a legal representative, the legal representative may also choose defence counsel for the suspect or accused.

(2) During the investigation stage, at most three attorneys may be present at statement-taking. Sentence added: 3/10/2016, Decree-Law No. 676, Art. 1; adopted without amendment: 1/2/2018, Law No. 7070, Art. 1 In prosecutions conducted in respect of offences committed within the framework of the activities of an organisation, at most three attorneys may be present at the hearing.

(3) At every stage of the investigation and prosecution phases, the right of the attorney to meet with the suspect or accused, to be present with him or her during statement-taking or interrogation and to provide legal assistance may not be obstructed or restricted.

Amended: 6/12/2006, Law No. 5560, Art. 21

(1) The suspect or accused shall be asked to choose defence counsel. If the suspect or accused declares that he or she is not in a position to choose defence counsel, defence counsel shall be appointed upon his or her request.

(2) Where a suspect or accused who has no defence counsel is a child, or is disabled to such a degree as to be unable to defend himself or herself, or is deaf and mute, defence counsel shall be appointed without his or her request being sought.

(3) The provision of paragraph 2 shall apply in investigations and prosecutions conducted in respect of offences punishable by imprisonment with a lower limit of more than five years.

(4) Other matters relating to mandatory defence counsel shall be governed by a regulation to be issued after obtaining the opinion of the Union of Turkish Bar Associations.

(1) If defence counsel appointed pursuant to Article 150 fails to appear at the hearing, withdraws from the hearing at an inappropriate time or refuses to perform his duty, the judge or the court shall immediately take the necessary steps for the appointment of another defence counsel. In this case the court may adjourn the session or may decide to postpone the session.

(2) If the new defence counsel declares that there is not sufficient time to prepare the defence, the session shall be postponed.

(3) Added: 25/5/2005, Law No. 5353, Art. 22 An attorney who, having been chosen under Article 149 or appointed under Article 150, undertakes the duty of defence counsel or representative of persons who are suspects, accused persons or convicts in respect of the offences listed in Articles 220 and 314 of the Turkish Penal Code or of terrorist offences may be prohibited from undertaking the duty of defence counsel or representative if there is a prosecution against him in respect of the offences listed in this paragraph.

(4) Added: 25/5/2005, Law No. 5353, Art. 22 The judge or the court shall decide without delay on the request of the public prosecutor concerning the prohibition. An objection may be lodged against these decisions. If the prohibition decision is lifted as a result of the objection, the attorney shall continue his duty. A decision prohibiting the duty of defence counsel may be issued for a period of one year, limited to the offence that is the subject of the prosecution. However, owing to the nature of the prosecution, these periods may be extended at most twice, each extension not exceeding six months. If, at the end of the investigation, a decision of non-prosecution is issued or, at the end of the prosecution, a decision other than conviction is rendered, the prohibition decision shall be lifted automatically without awaiting its finalisation.

(5) Added: 25/5/2005, Law No. 5353, Art. 22 The decision prohibiting the duty shall be notified immediately to the suspect, accused person or convict and to the presidency of the relevant bar association for the appointment of a new defence counsel.

(6) Added: 25/5/2005, Law No. 5353, Art. 22 For as long as the defence counsel or representative is prohibited from the duty, he may not visit the person whose defence or representation he has undertaken in a penal execution institution or remand prison, even in relation to other cases.

(1) The defence of more than one suspect or accused person whose interests are compatible with each other may be entrusted to the same defence counsel.

Amended: 2/12/2014, Law No. 6572, Art. 44

(1) Defence counsel may, during the investigation phase, examine the contents of the file and obtain a copy of any documents he wishes free of fees.

(2) If the authority of defence counsel to examine the contents of the file or to obtain copies of documents could endanger the purpose of the investigation, it may be restricted by decision of the judge upon the request of the public prosecutor. Such a decision may be issued only in investigations conducted in respect of the offences listed below:

a) Under the Turkish Penal Code No. 5237 dated 26/9/2004;

1. Intentional killing (Articles 81, 82, 83),

2. Sexual assault (Article 102, excluding paragraph 1),

3. Sexual abuse of children (Article 103),

4. Manufacture of and trade in narcotic or stimulant substances (Article 188),

5. Establishing an organisation for the purpose of committing offences (Article 220),

6. Offences against the Security of the State (Articles 302, 303, 304, 307, 308),

7. Offences against the Constitutional Order and the Functioning of this Order (Articles 309, 310, 311, 312, 313, 314, 315, 316),

8. Offences against State Secrets and Espionage (Articles 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 337).

b) Offences of arms smuggling (Article 12) defined in the Law No. 6136 dated 10/7/1953 on Firearms, Knives and Other Instruments.

c) The offence of embezzlement defined in Article 160 of the Banking Law No. 5411 dated 19/10/2005.

d) Offences defined in the Anti-Smuggling Law No. 5607 dated 21/3/2007.

(3) The provision of paragraph 2 shall not apply to the record containing the statement of the arrested person or the suspect, to expert reports, or to records relating to other judicial acts at which the said persons are entitled to be present.

(4) Defence counsel may, from the date on which the indictment is accepted by the court, examine the contents of the file and the evidence placed under safekeeping, and may obtain copies of all records and documents free of fees.

(5) The representative of the person harmed by the offence shall also benefit from the rights contained in this Article.

(1) The suspect or accused person may, without any power of attorney being required, meet with his defence counsel at any time and in an environment where the conversation cannot be heard by others. The correspondence of these persons with their defence counsel may not be subjected to monitoring.

(2) Added: 3/10/2016, Decree-Law No. 676, Art. 3; adopted without amendment: 1/2/2018, Law No. 7070, Art. 3 In respect of the offences defined in Chapters Four, Five, Six and Seven of Part Four of Book Two of the Turkish Penal Code, offences falling within the scope of the Anti-Terror Law, and offences of manufacture of and trade in narcotic and stimulant substances committed within the framework of organisational activity, the right of a suspect in custody to meet with defence counsel may be restricted for twenty-four hours by decision of the judge upon the request of the public prosecutor; no statement may be taken during this period.

(1) The legal representative of the accused person shall be notified of the day and time of the hearing, shall be admitted to the hearing and may be heard upon his request.

(2) The provision of paragraph 1 shall also apply to the spouse of the accused person, without service being effected.

(1) In the cases set out in Article 150, defence counsel shall be appointed by the bar association:

a) In the investigation phase, upon the request of the authority taking the statement or of the judge conducting the interrogation,

b) In the prosecution phase, upon the request of the court,

as set out above.

(2) In the cases specified above, defence counsel shall be appointed by the bar association of the place where the investigation or prosecution is conducted.

(3) If the suspect or accused person subsequently chooses defence counsel himself, the duty of the attorney appointed by the bar association shall terminate.

(1) Without prejudice to the cases in which the Law provides otherwise and provided that the rights of defence are not harmed, procedural acts during the investigation phase shall be confidential.

(1) A denunciation or complaint concerning an offence may be made to the Chief Public Prosecutor's Office or to law enforcement authorities.

(2) A denunciation or complaint made to the governor's office, the district governor's office or a court shall be forwarded to the relevant Chief Public Prosecutor's Office.

(3) In respect of offences committed abroad that must be prosecuted in the country, a denunciation or complaint may also be made to the embassies and consulates of Türkiye.

(4) A denunciation or complaint made to the administration of the relevant institution or organisation concerning an offence alleged to have been committed in connection with the performance of a public duty shall be forwarded without delay to the relevant Chief Public Prosecutor's Office.

(5) A denunciation or complaint may be made in writing or orally to be recorded in a record.

(6) Added: 15/8/2017, Decree-Law No. 694, Art. 145; adopted without amendment: 1/2/2018, Law No. 7078, Art. 140 Where it is clearly understood, without the need for any inquiry, that the act which is the subject of the denunciation or complaint does not constitute an offence, or where the denunciation or complaint is abstract and general in nature, a decision that there is no ground for conducting an investigation shall be issued. In this case the person complained of may not be given the status of suspect. The decision that there is no ground for conducting an investigation shall be notified to the denouncer or complainant, if any, and an objection may be lodged against this decision in accordance with the procedure in Article 173. If the objection is accepted, the Chief Public Prosecutor's Office shall initiate the investigation proceedings. Acts performed and decisions issued under this paragraph shall be recorded in a system specific to them. These records may be viewed only by the public prosecutor, the judge or the court.

(7) If, after the prosecution phase has begun as a result of the investigation conducted, it is understood that the offence is subject to complaint, the proceedings shall continue unless the victim expressly withdraws the complaint.

(1) Where there is a circumstance giving rise to suspicion that a death did not occur from natural causes, or where the identity of the deceased cannot be determined, law enforcement officers, village headmen, or persons in charge of health or funeral affairs shall be obliged to notify the Chief Public Prosecutor's Office of the situation immediately.

(2) In cases falling within the scope of paragraph 1, the burial of the deceased shall be subject only to written permission to be given by the public prosecutor.

(1) As soon as the public prosecutor learns, through a denunciation or otherwise, of a circumstance giving the impression that an offence has been committed, he shall immediately begin to investigate the truth of the matter in order to decide whether there are grounds for filing a public action.

(2) For the purpose of investigating the material truth and ensuring a fair trial, the public prosecutor shall be obliged, through the judicial law enforcement officers under his command, to collect and secure the evidence both in favour of and against the suspect and to protect the rights of the suspect.

(1) The public prosecutor may carry out any kind of inquiry directly or through the judicial law enforcement officers under his command; in order to reach the results stated in the preceding Article, he may request any kind of information from all public officials. Where, in the course of his judicial duty, the public prosecutor needs to perform an act outside the jurisdiction of the court before which he serves, he shall request the public prosecutor of that place to perform the act in question.

(2) Judicial law enforcement officers shall be obliged to notify immediately the public prosecutor under whose command they work of the incidents they have taken up, the persons arrested and the measures applied, and to carry out without delay all orders of that public prosecutor relating to the administration of justice.

(3) The public prosecutor shall give orders to judicial law enforcement officers in writing; in urgent cases, orally. Added sentence: 25/5/2005, Law No. 5353, Art. 24 An oral order shall also be notified in writing as soon as possible.

(4) Other public officials shall also be obliged to provide without delay to the requesting public prosecutor the information and documents needed within the scope of an ongoing investigation.

(5) Public prosecutors shall directly conduct investigations against public officials found to have abused or neglected duties or tasks relating to the administration of justice assigned to them by law or requested from them within the bounds of the law, and against law enforcement superiors and officers found to have abused or neglected the execution of the oral or written requests and orders of public prosecutors. The provisions of the Law No. 4483 dated 2.12.1999 on the Prosecution of Civil Servants and Other Public Officials shall apply to governors and district governors, and the trial procedure to which judges are subject on account of their duties shall apply to the highest-ranking law enforcement superiors.

(6) Amended: 2/1/2017, Decree-Law No. 680, Art. 9; adopted without amendment: 1/2/2018, Law No. 7072, Art. 8 The authority to conduct investigations and prosecutions concerning the personal offences of governors and district governors belongs to the provincial Chief Public Prosecutor's Office in the place where the regional court of appeal, to which the place where the person concerned serves is attached, is located, and to the assize court of the same place. In flagrante delicto cases falling within the jurisdiction of the assize court, the investigation shall be conducted in accordance with general provisions.

(7) Added: 31/3/2011, Law No. 6217, Art. 21 In an investigation received by means of a decision of lack of territorial jurisdiction, if the public prosecutor concludes that he too lacks jurisdiction, he shall issue a decision of lack of jurisdiction and send the investigation file, for the determination of the competent prosecutor's office, to the assize court nearest to the assize court within whose jurisdiction he serves. The decision issued by the court on this matter is final.

(8) Added: 21/2/2014, Law No. 6526, Art. 15 In respect of the offences regulated in Articles 302, 309, 311, 312, 313, 314, 315 and 316 of the Turkish Penal Code, investigations shall be conducted directly by public prosecutors, even if the offences were committed during or on account of the performance of duty. The provision of Article 26 of the Law No. 2937 dated 1/11/1983 on State Intelligence Services and the National Intelligence Organisation is reserved.

(9) Added: 15/8/2017, Decree-Law No. 694, Art. 146; adopted without amendment: 1/2/2018, Law No. 7078, Art. 141 The authority to conduct investigations and prosecutions concerning a member of parliament alleged to have committed an offence before or after election belongs to the Ankara Chief Public Prosecutor's Office and the assize court of that place. The investigation shall be conducted personally by the Chief Public Prosecutor or a deputy whom he assigns. The Chief Public Prosecutor or his deputy may request the public prosecutor of the place where the offence was committed to conduct the investigation in part or in whole. In cases where delay would be prejudicial, the public prosecutor of the place where the offence was committed shall collect the necessary evidence and, where necessary, shall apply to the criminal judgeship of peace of the place where he is located for the decisions to be taken.

(1) If the public prosecutor considers it necessary to carry out an investigative act that may only be performed by a judge, he shall submit his requests to the criminal judge of peace of the place where the act is to be performed. The criminal judge of peace shall examine whether the requested act is in accordance with the law, decide thereon and carry out what is required.

(1) In cases of in flagrante delicto and in cases where delay would be prejudicial, if the public prosecutor cannot be reached or if the extent of the incident exceeds the workforce of the public prosecutor, the criminal judge of peace may also carry out all investigative acts.

(2) Law enforcement superiors and officers shall take the measures and carry out the inquiries ordered by the criminal judge of peace.

(1) Judicial law enforcement means the security officers who carry out the investigative acts specified in Articles 8, 9 and 12 of the Law No. 3201 dated 4.6.1937 on the Security Organisation, Article 7 of the Law No. 2803 dated 10.3.1983 on the Organisation, Duties and Powers of the Gendarmerie, Article 8 of the Decree-Law No. 485 dated 2.7.1993 on the Organisation and Duties of the Undersecretariat of Customs, and Article 4 of the Law No. 2692 dated 9.7.1982 on the Coast Guard Command.

(2) Investigative acts shall primarily be carried out by judicial law enforcement in line with the orders and instructions of the public prosecutor. Judicial law enforcement officers shall carry out the orders of the public prosecutor relating to judicial duties.

(3) Judicial law enforcement shall be under the command of its superiors in services other than judicial duties.

(1) Where necessary or upon the request of the public prosecutor, other law enforcement units shall also be obliged to perform the duty of judicial law enforcement. In this case, the provisions of this Law shall apply to law enforcement officers in respect of their judicial duties.

(1) Chief public prosecutors shall, at the end of each year, prepare evaluation reports on those responsible for judicial law enforcement in that place and send them to the local administrative chiefs.

(1) The qualifications of judicial law enforcement officers and their pre-service and in-service training, their relations with other service units, the preparation of evaluation reports, the departments in which they will be employed according to their fields of specialisation, and other matters shall be determined in a regulation to be issued jointly by the Ministries of Justice and of Interior within six months from the date of entry into force of this Law.

(1) A judicial law enforcement officer who has commenced acts pertaining to his duty at the scene of the incident shall prevent persons who obstruct the performance of such acts or act contrary to the measures he has taken within his authority from doing so, until the acts are concluded and, where necessary, by using force.

(1) During the taking of the statement or the interrogation of the suspect, the hearing of a witness or expert, or an inspection and examination, a court clerk shall be present with the public prosecutor or the criminal judge of peace. In urgent cases, another person may be appointed as clerk, provided that he is administered an oath.

(2) Every investigative act shall be recorded in a record. The record shall be signed by the judicial law enforcement officer, the public prosecutor or the criminal judge of peace, and the court clerk present.

(3) The name and signature of the attorney shall also be included in the record concerning the acts at which he is present in the capacity of defence counsel or representative.

(4) The record shall contain the place where the act was performed, the date, the starting and ending times, and the names of the persons who participated in or are concerned by the act.

(5) The parts of the record concerning the persons concerned who are present at the act shall be read to them or given to them to read, for their approval. This shall be noted in the record and the persons concerned shall be asked to sign it.

(6) In the event of refusal to sign, the reasons shall be entered in the record.

(7) Added: 21/2/2014, Law No. 6526, Art. 16 In investigations and prosecutions conducted in respect of the offences defined in Chapters Four, Five, Six and Seven of Part Four of Book Two of the Turkish Penal Code (excluding Articles 318, 319, 324, 325 and 332) and offences falling within the scope of the Anti-Terror Law No. 3713 dated 12/4/1991, only the registration numbers of the officers concerned, instead of their full identities, shall be written in the records drawn up by law enforcement. In cases where the statement of law enforcement officers needs to be taken, the invitation or summons issued shall be served at the workplace address of the law enforcement officer. In the statement and hearing records relating to these persons, their workplace addresses shall be shown as their address.

(1) The duty to file a public action shall be performed by the public prosecutor.

(2) If the evidence gathered at the end of the investigation phase creates sufficient suspicion that the offence has been committed, the public prosecutor shall draw up an indictment.

(3) In the indictment addressed to the court having subject-matter and territorial jurisdiction, the following shall be shown:

a) The identity of the suspect,

b) His defence counsel,

c) The identity of the deceased, the victim or the person harmed by the offence,

d) The representative or legal representative of the victim or of the person harmed by the offence,

e) The identity of the person who made the denunciation, provided there is no objection to its disclosure,

f) The identity of the person who made the complaint,

g) The date on which the complaint was made,

h) The offence charged and the provisions of law to be applied,

i) The place, date and time period in which the offence charged was committed,

j) The evidence of the offence,

k) Whether the suspect is in pre-trial detention; if detained, the dates of custody and pre-trial detention and their durations,

as listed above.

(4) In the indictment, the events constituting the offence charged shall be explained in connection with the available evidence; information unrelated to the events constituting the offence charged and to the evidence of the offence shall not be included.

(5) In the conclusion section of the indictment, not only the matters against the suspect but also the matters in his favour shall be put forward.

(6) In the conclusion section of the indictment, it shall be clearly stated which of the penalties and security measures provided for in the relevant law on account of the offence committed are requested to be imposed; where the offence is committed within the framework of the activity of a legal person, the security measure that may be applied to the relevant legal person shall be clearly stated.

Amended: 6/12/2006, Law No. 5560, Art. 22

(1) Where the conditions requiring the application of the provisions on effective repentance as a personal ground lifting the penalty, or a personal ground of impunity, exist, the public prosecutor may issue a decision of non-prosecution.

(2) Amended: 17/10/2019, Law No. 7188, Art. 19 Except for offences falling within the scope of reconciliation and prepayment, the public prosecutor may, in respect of offences punishable by imprisonment with an upper limit of three years or less, decide to defer the filing of the public action for a period of five years despite the existence of sufficient suspicion. The person harmed by the offence or the suspect may object to this decision in accordance with the provisions of Article 173.

(3) In order for a decision to defer the filing of the public action to be issued:

a) The suspect has not previously been sentenced to imprisonment for an intentional offence,

b) The investigation conducted gives the conviction that, if the filing of the public action is deferred, the suspect will refrain from committing offences,

c) Deferring the filing of the public action is more beneficial for the suspect and for society than filing the public action,

d) The damage suffered by the victim or the public as a result of the commission of the offence, as determined by the public prosecutor, has been fully remedied by restitution in kind, restoration to the state prior to the offence, or compensation,

these conditions must be fulfilled together.

(4) If no intentional offence is committed within the deferral period, a decision of non-prosecution shall be issued. If an intentional offence is committed within the deferral period, the public action shall be filed. Limitation shall not run during the deferral period.

(5) Decisions on the deferral of the filing of the public action shall be recorded in a system specific to them. These records may be used, for the purpose specified in this Article, only where requested by a public prosecutor, judge or court in connection with an investigation or prosecution.

(6) Added: 17/10/2019, Law No. 7188, Art. 19 The provisions of this Article shall not apply to:

a) The offences of establishing, leading or being a member of an organisation for the purpose of committing offences, and offences committed within the framework of the activities of an organisation,

b) Offences committed by a public official by reason of his or her duty or against a public official on account of his or her duty, and military offences committed by military persons,

c) Offences committed against sexual inviolability,

in respect of these offences.

(1) At the end of the investigation stage, the public prosecutor shall decide on non-prosecution where no evidence creating sufficient suspicion for filing the public action can be obtained or where there is no possibility of prosecution. This decision shall be notified to the person harmed by the offence and to the suspect whose statement has previously been taken or who has previously been interrogated. The decision shall indicate the right of objection, the time limit and the competent authority.

(2) Amended: 2/1/2017, Decree-Law No. 680, Art. 10; adopted without amendment: 1/2/2018, Law No. 7072, Art. 9 After a decision of non-prosecution has been issued, no public action may be filed for the same act unless new evidence creating sufficient suspicion for filing the public action is obtained and a decision on this matter is issued by the criminal judgeship of peace.

(3) Added: 11/4/2013, Law No. 6459, Art. 19 Where it has been established by a final judgment of the European Court of Human Rights that the decision of non-prosecution was issued without an effective investigation having been conducted, or where a decision to strike out has been issued, as a result of a friendly settlement or a unilateral declaration, in respect of an application lodged with the European Court of Human Rights against this decision, a new investigation shall be opened if requested within three months from the date on which the decision becomes final.

(1) The person harmed by the offence may, within two weeks from the date on which the decision of non-prosecution is served on him or her, object to that decision before the criminal judgeship of peace located at the place of the assize court (ağır ceza mahkemesi) within whose judicial district the public prosecutor who issued the decision serves.

(2) The petition of objection shall set out the facts and evidence that may require the filing of the public action.

(3) Amended: 18/6/2014, Law No. 6545, Art. 71 If the criminal judgeship of peace deems it necessary to extend the investigation in order to render its decision, it may make a request to the chief public prosecutor's office of that place by expressly stating this matter; if there are no sufficient grounds for filing the public action, it shall reject the request with reasons, order the objecting party to pay the costs, and send the file to the public prosecutor. The public prosecutor shall notify the decision to the objecting party and to the suspect.

(4) Amended: 25/5/2005, Law No. 5353, Art. 26 If the criminal judgeship of peace finds the request well-founded, the public prosecutor shall draw up an indictment and submit it to the court.

(5) The provision of this Article shall not apply in cases where the public prosecutor exercises the discretionary power not to file the public action.

(6) Amended: 2/1/2017, Decree-Law No. 680, Art. 11; adopted without amendment: 1/2/2018, Law No. 7072, Art. 10 Where the objection is rejected, paragraph 2 of Article 172 shall apply for the filing of a public action for the same act.

Amended: 25/5/2005, Law No. 5353, Art. 27

(1) After examining all documents relating to the investigation stage within fifteen days from the date on which the indictment and the investigation file are submitted, the court shall, by indicating the missing or erroneous points, in respect of an indictment that has been:

a) Drawn up in breach of Article 170,

b) Amended: 17/10/2019, Law No. 7188, Art. 20 Drawn up without collecting an existing piece of evidence that would directly affect the proof of the offence,

c) Amended: 17/10/2019, Law No. 7188, Art. 20 Drawn up, in matters where it is clearly understood from the investigation file that they are subject to prepayment or reconciliation or to the summary procedure, without applying prepayment, reconciliation or the summary procedure,

d) Added: 17/10/2019, Law No. 7188, Art. 20 Drawn up, in offences for which conducting an investigation or prosecution is subject to permission or request, without obtaining permission or without a request,

e) Added: 8/8/2026, Law No. 7593, Art. 4 Drawn up in respect of children who have not completed the age of fifteen without having a social inquiry conducted,

decide that the indictment be returned to the Chief Public Prosecutor's Office.

(2) An indictment may not be returned on account of the legal characterisation of the offence.

(3) An indictment that has not been returned by the end of the period specified in paragraph 1 at the latest shall be deemed accepted.

(4) Upon the return of the indictment, the public prosecutor shall, after completing the deficiencies indicated in the decision and correcting the erroneous points, draw up a new indictment and send the file to the court, provided that there is no situation requiring a decision of non-prosecution. The indictment may not be returned again on grounds not indicated in the first decision.

(5) The public prosecutor may object to the decision of return.

(1) Upon acceptance of the indictment, the public action shall be deemed filed and the prosecution stage shall commence.

(2) After accepting the indictment, the court shall set the hearing date and summon the persons required to be present at the hearing.

(1) The indictment shall be served on the accused together with the summons. Added sentence: 8/7/2021, Law No. 7331, Art. 20 In addition, where communication details such as telephone, telegraph, fax or electronic mail are available in the file, the information relating to the indictment and the hearing date shall also be notified by making use of these means; however, the consequences attached to the summons shall not apply in this case.

(2) The summons to be served on an accused who is not detained shall state that he or she will be brought by force if he or she fails to appear without an excuse.

(3) The summoning of a detained accused shall be effected by serving the hearing date. The accused shall be asked to state whether he or she will make any request for his or her defence at the hearing and, if so, what it consists of; the defence counsel shall also be invited together with the accused. This procedure shall be carried out at the penal execution institution where the detainee is held, by bringing the detainee before the prison clerk or the personnel assigned to this task and drawing up a record.

(4) Pursuant to the above paragraphs, there must be a period of at least one week between the service of the summons and the hearing date.

(1) Where the accused requests the summoning of a witness or expert or the collection of defence evidence, he or she shall submit the petition on this matter, indicating the facts to which they relate, to the presiding judge of the court or to the judge at least five days before the hearing date.

(2) The decision to be rendered on this petition shall be notified to him or her immediately.

(3) The accepted requests of the accused shall also be notified to the public prosecutor.

(1) Where the presiding judge of the court or the judge rejects the petition concerning the summoning of a witness or specialist indicated by the accused or the intervening party, the accused or the intervening party may bring those persons to the court. These persons shall be heard at the hearing. Added sentence: 3/10/2016, Decree-Law No. 676, Art. 4; adopted without amendment: 1/2/2018, Law No. 7070, Art. 4 However, requests made for the purpose of prolonging the proceedings shall be rejected.

(1) The accused shall notify the public prosecutor, within a reasonable time, of the names and addresses of the experts and witnesses whom he or she will have summoned directly or will bring during the hearing.

(2) The public prosecutor shall likewise, where he or she will have persons summoned other than the witnesses and experts indicated in the indictment or summoned upon the request of the accused, whether by decision of the presiding judge of the court or the judge or on his or her own initiative, notify their names and addresses to the accused, again within a reasonable time.

(1) Where it is understood that a witness or expert will not be able to be present at the hearing for a long and previously unknown period of time due to illness, disability or another reason that cannot be overcome, the court may decide that he or she be heard by a delegated judge (naip) or by letters rogatory (istinabe).

(2) This provision shall also apply to the hearing of a witness or expert who is difficult to bring because his or her residence is outside the judicial district of the competent court.

(3) The court hearing the case may not, unless there is a necessity, decide that complainants, intervening parties, accused persons, defence counsel or attorneys, witnesses and experts located within the boundaries of a metropolitan municipality be heard by letters rogatory.

(4) Where the requested court is within the boundaries of a metropolitan municipality, it shall carry out the letters rogatory to be executed within the boundaries of the metropolitan municipality without returning them, even if the persons concerned are not within its own judicial district.

(5) Where, according to the content of the above paragraphs, there is the possibility of hearing the witness or expert by using simultaneous audio-visual communication technology, the statement shall be taken by applying this method. The principles and procedures regarding the installation and use of the technical equipment enabling this shall be set out in a regulation.

(1) The day set for hearing the witnesses or experts shall be notified to the public prosecutor, the person harmed by the offence, his or her attorney, the accused and his or her defence counsel. A copy of the record drawn up shall be given to the public prosecutor and the defence counsel who are present.

(2) If a new on-site inspection and examination is needed, the provisions of the above paragraph shall apply.

(3) A detained accused may request to be present only in such acts to be carried out at the court of the place where he or she is detained. However, in cases deemed necessary by the judge or the court, it may be decided that the detained suspect or accused also be present in such acts.

(1) The hearing shall be open to everyone.

(2) In cases where public morals or public security strictly require it, the court may decide that part or all of the hearing be held in camera.

(3) The reasoned decision on holding the hearing in camera, together with the judgment, shall be announced in open hearing.

(1) Without prejudice to the provisions of paragraph 5 of Article 180 and paragraph 4 of Article 196, devices of any kind enabling audio or visual recording or transmission may not be used within the courthouse or in the courtroom after the hearing has started. This provision shall also apply in the execution of other judicial acts inside and outside the courthouse.

(1) In the cases set out in Article 182, the hearing to be held on the request for the exclusion of the public shall be held in camera upon request or if the court deems it appropriate.

(1) If the accused has not completed the age of eighteen, the hearing shall be held in camera; the judgment shall also be announced in a closed hearing.

(1) The decision to exclude the public shall be entered in the record together with its reasons.

(1) At a closed hearing, the court may permit certain persons to be present. In this case, the said persons shall be warned not to disclose the matters requiring the hearing to be closed, and this shall be entered in the record.

(2) The content of a closed hearing may not be published by any means of communication.

(3) If the content of an open hearing is of a nature that would affect national security or public morals or the reputation, honour and rights of persons, or would incite the commission of offences, the court shall, for the purpose of preventing these and to the extent necessary, prohibit the publication of the content of the hearing in part or in full and shall announce its decision in open hearing.

(1) The presence at the hearing of the judges who will participate in the judgment, the public prosecutor and the court clerk, and, in cases where the Law provides for mandatory defence counsel, of the defence counsel, is mandatory. Added sentence: 3/10/2016, Decree-Law No. 676, Art. 5; adopted without amendment: 1/2/2018, Law No. 7070, Art. 5 Where the defence counsel fails to attend the hearing without an excuse or leaves the hearing, the hearing may be continued.

(2) Repealed: 18/6/2014, Law No. 6545, Art. 103

(3) In a case that will not be concluded in one session, a substitute member may be kept present in order to replace a member who is unable to attend for any reason and to participate in the vote.

(1) Several public prosecutors and several lawyers may participate in the hearing at the same time, and they may also divide the work among themselves.

(1) The hearing shall be continued without interruption and judgment shall be rendered. However, in cases of necessity, the hearing may be adjourned in a manner enabling the case to be concluded within a reasonable time.

(2) If the period set out in Article 176 has not been complied with, the accused shall be reminded of his or her right to request the adjournment of the hearing.

(1) The hearing shall commence after it has been established whether the accused and his or her defence counsel are present and whether the summoned witnesses and experts have appeared. The accused shall be brought into the hearing unrestrained. The presiding judge of the court or the judge shall announce the commencement of the hearing by reading out the decision on acceptance of the indictment.

(2) The witnesses shall be taken out of the courtroom.

(3) At the hearing, in order:

a) The full identity of the accused shall be established, and information on his or her personal and economic situation shall be obtained from him or her,

b) Amended: 24/11/2016, Law No. 6763, Art. 29 The acts and evidence forming the basis of the charge contained in the indictment or in the document replacing the indictment, together with the legal characterisation of the charge, shall be explained,

c) The accused shall be informed that he or she has the legal right not to make a statement regarding the offence attributed to him or her, and of the other rights specified in Article 147,

d) Where the accused states that he or she is ready to make a statement, he or she shall be interrogated in accordance with the procedure.

(1) The presiding judge of the court or the judge shall conduct the hearing and interrogate the accused; he or she shall ensure that the evidence is presented.

(2) If one of the persons concerned at the hearing asserts that a measure ordered by the presiding judge of the court relating to the conduct of the hearing is legally inadmissible, the court shall render a decision on this matter.

(1) Without prejudice to the cases excepted by the Law, no hearing shall be held in respect of an accused who is not present. It shall be decided that an accused who has no valid reason for failing to appear be brought by force.

(2) Amended: 28/3/2023, Law No. 7445, Art. 20 If, according to the evidence collected, it is concluded that a decision other than conviction, a decision that there is no need to impose a penalty, or a security measure should be rendered in respect of the accused, the case may be concluded in his or her absence even if he or she has not been interrogated.

(1) The presence of an accused who has come to the court shall be ensured for the duration of the hearing, and the court shall take the necessary measures to prevent him or her from absconding.

(2) If the accused absconds or fails to appear at the session following an adjournment, the case may be concluded in his or her absence if he or she has previously been interrogated and the court no longer deems his or her presence necessary.

(1) If the offence is punishable, alone or together, by a judicial fine or confiscation, the hearing may be held even if the accused does not appear. In such cases, the summons to be sent to the accused shall state that the hearing will be held even if he or she does not appear.

(1) Where an accused who has been interrogated by the court, or his or her defence counsel in cases where he or she has been authorised by the accused in this respect, so requests, the court may exempt the accused from being present at the hearing.

(2) The accused may be interrogated by letters rogatory, except for offences punishable by imprisonment with a lower limit of five years or more. The day set for the interrogation shall be notified to the public prosecutor, the accused and his or her defence counsel. The presence of the public prosecutor and the defence counsel during the interrogation is not mandatory. Before the interrogation, the accused shall be asked whether he or she wishes to give his or her statement before the trial court.

(3) The record of the interrogation shall be read out at the hearing.

(4) Amended: 15/8/2017, Decree-Law No. 694, Art. 147; adopted without amendment: 1/2/2018, Law No. 7078, Art. 142 In situations deemed necessary by the judge or the court, the interrogation of an accused located within the country may be carried out, or his or her participation in hearings may be decided, by using simultaneous audio-visual communication technology.

(5) The court may decide that an accused who has been transferred, due to illness, a disciplinary measure or other compelling reasons, to a hospital or detention facility outside the judicial district where the trial is being conducted shall not be brought to sessions for which his or her presence is not deemed necessary, provided that he or she has been interrogated.

(6) Where it is difficult for an accused who is abroad to be present on the set hearing date, he or she may be interrogated before that date by opening a hearing or by letters rogatory.

(1) Even if the accused is not present, his or her defence counsel shall have the authority to be present at all sessions.

(1) If the hearing is held without the accused being present, the accused may, within one week from the date on which the decisions and acts of the court are served on him or her, on legal grounds, request restoration to the previous state (eski hâle getirme) in respect of those decisions and acts of the court in order to remedy the consequences arising from the expiry of the time limit.

(2) However, if the accused has been exempted from the hearing upon his or her own request or has exercised the authority to be represented through his or her defence counsel, he or she may no longer request restoration to the previous state.

(1) The court may at any time decide that the accused be present and be brought by an order to bring by force or by an arrest warrant.

(1) If it is feared that one of the accomplices or a witness will not tell the truth in the presence of the accused, the court may decide that the accused be removed from the courtroom during the interrogation and hearing.

(2) When the accused is brought back, the records shall be read out and, where necessary, their content shall be explained.

(1) The public prosecutor, and the lawyer participating in the hearing in the capacity of defence counsel or attorney, may put questions directly to the accused, the intervening party, the witnesses, the experts and other persons summoned to the hearing, in accordance with the discipline of the hearing. The accused and the intervening party may also put questions through the presiding judge of the court or the judge. Where an objection is raised to a question put, the presiding judge of the court shall decide whether the question should be put. Where necessary, the persons concerned may ask questions again.

(2) In courts sitting as a panel, the judges constituting the panel may ask questions to the persons specified in paragraph 1.

(1) If the accused or the victim does not know Turkish well enough to express himself or herself, the essential points of the prosecution and the defence at the hearing shall be translated through an interpreter appointed by the court.

(2) The essential points of the prosecution and the defence at the hearing shall be explained to an accused or victim with a disability in a manner they are able to understand.

(3) The provisions of paragraphs 1 and 2 shall also apply to suspects, victims or witnesses heard during the investigation stage. At this stage, the interpreter shall be appointed by the judge or the public prosecutor.

(4) Added: 24/1/2013, Law No. 6411, Art. 1 Furthermore, the accused may, following:

a) the presentation of the indictment,

b) the submission of the opinion on the merits,

make his or her oral defence in another language in which he or she declares to be able to express himself or herself better. In this case, interpretation services shall be performed by an interpreter chosen by the accused from the list drawn up pursuant to paragraph 5. The expenses of this interpreter shall not be borne by the State Treasury. This possibility may not be abused for the purpose of protracting the proceedings.

(5) Added: 24/1/2013, Law No. 6411, Art. 1 Interpreters shall be selected from among the persons included in the list drawn up each year by the provincial justice commissions of the ordinary (judicial) courts. Public prosecutors and judges may select interpreters not only from the lists drawn up for the province in which they are located but also from the lists drawn up in other provinces. The procedures and principles regarding the drawing up of these lists shall be determined by regulation.

(1) Order at the hearing shall be maintained by the presiding judge of the court or the judge.

(2) The presiding judge of the court or the judge shall order the removal from the courtroom of a person who disrupts order at the hearing, provided that this does not prevent the exercise of the right of defence.

(3) If the person resists or causes disturbances while being removed, he or she shall be apprehended and, by a decision to be rendered by the judge or the court, may immediately be placed in disciplinary detention for up to four days, with the exception of lawyers. However, disciplinary detention shall not be applied to children.

(1) Where it is understood that, owing to his or her conduct, the presence of the accused would endanger the orderly conduct of the hearing, the accused shall be removed from the courtroom. If the court does not consider the presence of the accused at the hearing to be indispensable for his or her defence in view of the state of the case file, it shall continue and conclude the session in his or her absence. However, if the accused has no defence counsel, the court shall request the bar association to assign a defence counsel. The procedural acts performed in his or her absence shall be explained to the accused whom it is decided to readmit to the session.

(1) If a person commits an offence during the hearing, the court shall establish the incident and send the record it draws up on this matter to the competent authority; if it deems necessary, it may also order the pre-trial detention of the offender.

(1) The presentation of evidence shall commence after the interrogation of the accused. Added sentences: 25/5/2005, Law No. 5353, Art. 29 However, the fact that the interrogation of the accused could not be conducted because he or she failed to appear without excuse despite service shall not prevent the presentation of evidence. Evidence presented shall be notified to the accused who appears subsequently.

(2) A request for the presentation of evidence shall be rejected in the following cases:

a) If the evidence has been obtained unlawfully.

b) If the fact sought to be proven by the evidence has no bearing on the decision.

c) If the request has been made solely for the purpose of protracting the proceedings.

(3) If the public prosecutor and the accused or the defence counsel jointly consent, the hearing of a witness or the presentation of any other evidence may be dispensed with.

(4) Repealed: 25/5/2005, Law No. 5353, Art. 29

(1) A request for the presentation of evidence may not be rejected on the ground that the evidence or the fact sought to be proven has been reported late.

(1) Witnesses may leave the courtroom after being heard only with the permission of the presiding judge of the court or the judge.

(1) Documents to be used as evidence and other writings, such as the interrogation records of the accused interrogated by a delegated judge or by letters rogatory, the statement records of witnesses heard by a delegated judge or by letters rogatory, and the records of examination and on-site inspection, as well as criminal record summaries and documents containing information on the personal and economic situation of the accused, shall be read out at the hearing.

(2) The court may decide that documents containing personal data of the accused or the victim be read out in a closed session if they expressly so request.

(1) If the evidence of the fact consists solely of the statements of a witness, that witness shall in all cases be heard at the hearing. The reading of a record drawn up during a previous hearing or of a written statement may not replace the hearing.

(2) Where a person who may refuse to testify refuses to testify at the hearing, the record of his or her previous statement may not be read out.

(1) a) If the witness or the accomplice of the accused has died or become mentally ill, or his or her whereabouts cannot be ascertained,

b) If the presence of the witness or the accomplice of the accused at the hearing is not possible for an indefinite period owing to illness, disability or another reason that cannot be eliminated,

c) If the presence of the witness at the hearing is not considered necessary in view of the degree of importance of his or her statement,

instead of hearing these persons, the records drawn up during a previous hearing and the documents written by them may be read out.

(2) The public prosecutor, the intervening party or his or her representative, and the accused or the defence counsel may jointly consent to the reading of records other than those specified in paragraph 1.

(1) If the witness states that he or she cannot remember a matter, he or she shall be assisted in remembering by reading out the relevant part of the record containing his or her previous statement.

(2) Where there is a contradiction between the statement of the witness at the hearing and his or her previous statement, an effort shall be made to resolve the contradiction by reading out the statement taken earlier.

(1) In the event of a contradiction between them, the statements made by the accused before a judge or court and the records of his or her statements taken by the public prosecutor or taken by the law enforcement authorities in the presence of his or her defence counsel may be read out at the hearing.

(1) After the reading of official documents and other writings containing a statement or an opinion, and of forensic examination and medical reports, if deemed necessary, the signatories of the documents and other writings or of the report may be summoned to the hearing to provide explanations.

(2) If the statement and opinion or the report has been given by a board, the court may propose to the board that one of its members be entrusted with the task of explaining the opinion of the board.

(3) Explanations relating to scientific opinions shall be given in accordance with the provisions of Article 68 of this Code.

(1) After the hearing of an accomplice, a witness or an expert and the reading of any document, the intervening party or his or her representative, the public prosecutor, the accused and the defence counsel shall be asked whether they have anything to say in response.

(1) In the discussion of the evidence presented, the floor shall be given, in order, to the intervening party or his or her representative, the public prosecutor, the accused and the defence counsel or the legal representative.

(2) The public prosecutor, and the intervening party or his or her representative, may respond to the statements of the accused, the defence counsel or the legal representative; and the accused and the defence counsel or the legal representative may likewise respond to the statements of the public prosecutor and of the intervening party or his or her representative.

(3) Before the judgment, the last word shall be given to the accused who is present. Added sentence: 15/8/2017, Decree-Law No. 694, Art. 148; adopted without amendment: 1/2/2018, Law No. 7078, Art. 143 At this stage, the absence of the mandatory defence counsel shall not prevent the pronouncement of the judgment.

(1) The judge may base his or her decision only on evidence brought before the hearing and discussed in his or her presence. This evidence shall be freely assessed according to the conscientious conviction of the judge.

(2) The imputed offence may be proven by any kind of evidence obtained lawfully.

(1) Where the proof of the imputed offence depends on the resolution of an issue falling within the jurisdiction of a court other than the criminal courts, the criminal court may also decide on that issue in accordance with the provisions of this Code. However, it may render a preliminary question decision pending the filing of an action in the competent court regarding that issue or the conclusion of an action already filed.

(2) Where, during the prosecution stage, an issue arises regarding the determination of the age of the victim or the accused for the purposes of criminal provisions, the court shall resolve that issue according to the procedure laid down in the relevant law and render its judgment.

(1) A record shall be kept of the hearing. The record shall be signed by the presiding judge of the court or the judge and by the court clerk. Where the proceedings at the hearing are recorded by technical means, these recordings shall be converted without delay into a written record and signed by the presiding judge of the court or the judge and by the court clerk.

(2) If the presiding judge of the court has an excuse, the record shall be signed by the most senior of the members.

(1) In the heading of the hearing record, the following:

a) The name of the court in which the hearing is held,

b) The dates of the sessions,

c) The first name and surname of the judge, the public prosecutor and the court clerk,

shall be stated.

(1) The hearing record shall contain the following:

a) The first name and surname of the accused, the defence counsel, the intervening party, his or her representative, the legal representative, the expert, the interpreter and the technical consultant who attended the sessions,

b) The elements reflecting the course and results of the hearing and showing that all fundamental rules of procedure have been complied with,

c) The statements of the accused,

d) The testimonies of witnesses,

e) The statements of experts and technical consultants,

f) The documents and writings read out or whose reading has been dispensed with,

g) Requests and, if rejected, the reasons for rejection,

h) The decisions rendered,

i) The judgment,

all of which shall be included therein.

(1) How the hearing was conducted, and whether it was conducted in accordance with the procedures and principles laid down by law, may be proven only by the record. Only an allegation of forgery may be raised against the record.

(1) The judgment shall be rendered after it has been announced that the hearing has ended. Decisions of acquittal, of no punishment, of conviction, of imposition of a security measure, of dismissal of the action and of discontinuance of the action are judgments.

(2) Where:

a) The imputed act is not defined as an offence by law,

b) It is established that the imputed offence was not committed by the accused,

c) There is no intent or negligence of the offender with respect to the imputed offence,

d) Although the imputed offence was committed by the accused, there exists a ground of justification in the case,

e) It is not established that the imputed offence was committed by the accused,

a decision of acquittal shall be rendered.

(3) Where, in respect of the accused:

a) There exist, in connection with the imputed offence, minority of age, mental illness or deaf-muteness, or temporary causes,

b) Amended: 25/5/2005, Law No. 5353, Art. 30 The imputed offence was committed in executing an unlawful but binding order, or in a state of necessity, or under the effect of force or threat,

c) The limits of legitimate self-defence were exceeded owing to excitement, fear or panic,

d) A mistake eliminating culpability was made,

a decision of no punishment shall be rendered owing to the absence of culpability.

(4) Although the act committed continues to constitute an offence, where, owing to:

a) Effective repentance,

b) The existence of a personal ground for exemption from punishment,

c) Mutual insult,

d) The minor degree of wrongfulness of the act committed,

no punishment is imposed on the offender, a decision of no punishment shall be rendered.

(5) If it is established that the accused committed the imputed offence, a decision of conviction shall be rendered against him or her.

(6) If it is established that the accused committed the imputed offence, a security measure shall be imposed instead of, or in addition to, a conviction to a specific penalty.

(7) If, for the same act, a judgment has previously been rendered or an action has been filed against the same accused, the dismissal of the action shall be ordered.

(8) In cases where grounds for discontinuance provided for in the Turkish Penal Code exist or it is understood that a condition for investigation or prosecution will not be fulfilled, the discontinuance of the action shall be ordered. However, if the conduct of the investigation or prosecution is subject to a condition and it is understood that the condition has not yet been fulfilled, a stay decision shall be rendered pending its fulfilment. This decision may be objected to.

(9) In cases where an immediate decision of acquittal may be rendered, a decision of stay, discontinuance or no punishment may not be rendered.

(10) A decision of lack of jurisdiction in favour of a judicial authority outside the ordinary (judicial) courts shall be deemed a judgment for the purposes of legal remedies.

(1) Decisions and judgments shall be rendered by the court unanimously or by majority vote.

(2) A dissenting opinion shall be included in the record; its reasoning shall also be set out in the record.

(1) The judgment shall be rendered only with respect to the act constituting the offence whose elements are set out in the indictment and its offender.

(2) The court shall not be bound by the prosecution and the defence in the characterisation of the act.

(1) The accused may not be convicted under a provision of law other than the one referred to for the offence whose legal elements are set out in the indictment, unless he or she has been informed beforehand of the change in the legal characterisation of the offence and has been given the opportunity to make his or her defence.

(2) The same provision shall apply where circumstances requiring an increase of the penalty or the application of security measures in addition to the penalty arise for the first time during the hearing.

(3) In cases requiring an additional defence, the accused shall, upon request, be granted time to prepare his or her additional defence.

(4) Amended: 14/11/2024, Law No. 7532, Art. 16 The notifications referred to in the preceding paragraphs shall be made to the accused and, if any, to the defence counsel. The defence counsel shall benefit from the rights granted to the accused in the same manner as the accused. Where notification cannot be made to the last address of the accused available in the case file, or where the accused fails to appear at the hearing despite notification, notifications made to the defence counsel shall be deemed sufficient.

(1) Only the judges who will take part in the decision and the judgment shall be present at the deliberation.

(2) The presiding judge of the court may permit assistant judges and assistant prosecutors, as well as trainee lawyers undergoing their internship at the court, to be present during the deliberation.

(1) The deliberation shall be directed by the presiding judge of the court.

(1) The presiding judge of the court shall collect the votes separately, starting with the most junior member, and shall cast his or her own vote last.

(2) None of the presiding judge and members of the court may refrain from taking part in the vote on the ground that he or she was in the minority on any matter or issue.

(3) If the votes are divided, the vote most unfavourable to the accused shall be added to the vote closest to it until a majority is formed.

(1) The following matters shall be set out in the reasoning of a judgment of conviction:

a) The views put forward by the prosecution and the defence.

b) The discussion and assessment of the evidence, and the specification of the evidence on which the judgment is based and the evidence rejected; in this context, the separate and explicit indication of the evidence contained in the case file that was obtained by unlawful methods.

c) The conviction reached, the act of the accused found to constitute an offence and its characterisation; the determination of the penalty according to the order and principles laid down in Articles 61 and 62 of the Turkish Penal Code, also taking into account the requests made in this regard; and likewise the determination, pursuant to Article 53 et seq. of the same Code, of the security measure to be applied instead of, or in addition to, conviction to a penalty.

d) The grounds for the suspension of the penalty, the conversion of imprisonment into a judicial fine or into one of the measures, or the application of additional security measures, or for the acceptance or rejection of requests relating to these matters.

(2) The reasoning of a judgment of acquittal must indicate on which of the cases specified in paragraph 2 of Article 223 it is based.

(3) The reasoning of a decision of no punishment must indicate on which of the cases specified in paragraphs 3 and 4 of Article 223 it is based.

(4) Where a decision or judgment other than those specified in the preceding paragraphs is rendered, the reasons therefor shall be set out in the reasoning.

(1) At the end of the main hearing, the operative part of the judgment entered in the hearing record in accordance with the principles set out in Article 232 shall be read out, and its reasoning shall be explained in broad outline.

(2) The accused who is present shall also be informed of the legal remedies available to him, the competent authority and the time limit.

(3) An acquitted accused shall also be informed if there is a situation in which he may claim compensation.

(4) The operative part of the judgment shall be heard by everyone standing.

(5) Added: 6/12/2006, Law No. 5560, Art. 23 Amended: 16/7/2026, Law No. 7589, Art. 15 Where the penalty imposed at the end of the trial for the offence attributed to the accused is imprisonment of two years or less or a judicial fine, the court may decide to defer the announcement of the judgment. The provisions relating to conciliation are reserved. Deferral of the announcement of the judgment means that the judgment rendered shall not produce any legal consequence for the accused, except for the provisions relating to confiscation.

(6) Added: 6/12/2006, Law No. 5560, Art. 23 Amended: 16/7/2026, Law No. 7589, Art. 15 In order for a decision to defer the announcement of the judgment to be rendered, the following:

a) That the accused has not previously been convicted of an intentional offence,

b) That the court, taking into account the personality traits of the accused and his conduct and behaviour at the hearing, is satisfied that he will not commit an offence again,

c) That the damage suffered by the victim or the public as a result of the commission of the offence has been fully remedied by restitution in kind, restoration to the state prior to the offence or compensation,

are required.

(7) Added: 6/12/2006, Law No. 5560, Art. 23 Amended: 16/7/2026, Law No. 7589, Art. 15 In a judgment whose announcement has been deferred, the sentence of imprisonment imposed may not be suspended and, if it is short-term, may not be converted into alternative sanctions.

(8) Added: 6/12/2006, Law No. 5560, Art. 23 Amended: 16/7/2026, Law No. 7589, Art. 15 Where a decision to defer the announcement of the judgment is rendered, the accused shall be subject to a supervision period of five years. Within the supervision period, no further decision to defer the announcement of the judgment may be rendered in respect of the person for an intentional offence. During this period, for a duration to be determined by the court not exceeding one year, the following may be ordered in respect of the accused as a probation measure:

a) If he does not have a profession or trade, attending an education programme for the purpose of acquiring a profession or trade,

b) If he has a profession or trade, being employed for remuneration in a public institution or privately under the supervision of another person practising the same profession or trade,

c) Being prohibited from going to certain places, being obliged to attend certain places, or fulfilling another obligation to be determined at the court's discretion,

as decided by the court. The limitation period for prosecution shall be suspended during the supervision period.

(9) Added: 6/12/2006, Law No. 5560, Art. 23 Amended: 16/7/2026, Law No. 7589, Art. 15 Where the accused is unable to fulfil immediately the condition set out in subparagraph (c) of paragraph 6, a decision to defer the announcement of the judgment may also be rendered in respect of the accused on condition that he fully remedies the damage caused to the victim or the public by paying it in monthly instalments during the supervision period.

(10) Added: 6/12/2006, Law No. 5560, Art. 23 Amended: 16/7/2026, Law No. 7589, Art. 15 Where no new intentional offence is committed within the supervision period and the obligations relating to the probation measure are complied with, the judgment whose announcement was deferred shall be set aside and a decision to dismiss the case shall be rendered.

(11) Added: 6/12/2006, Law No. 5560, Art. 23 Amended: 16/7/2026, Law No. 7589, Art. 15 Where the accused intentionally commits a new offence within the supervision period or acts in breach of the obligations relating to the probation measure, the court shall announce the judgment. However, the court, by assessing the situation of the accused who has been unable to fulfil the obligations imposed on him, may render a new conviction judgment by deciding that a portion of the sentence, to be determined by it up to one half, shall not be executed or, where the conditions are met, that the sentence of imprisonment in the judgment be suspended or converted into alternative sanctions. An objection may be lodged against the announced or newly rendered judgment. The objection authority may conduct a review only within the limits of the conditions in this paragraph.

(12) Amended: 2/3/2024, Law No. 7499, Art. 15 Amended: 16/7/2026, Law No. 7589, Art. 15 Without prejudice to the provisions of paragraph 3 of Article 272, an appeal (istinaf) may be lodged against a decision to defer the announcement of the judgment. The provisions of Article 286 shall apply to decisions rendered by the regional court of appeal. Without prejudice to the provisions of paragraph 3 of Article 272, an appeal on points of law (temyiz) may be lodged where the decision to defer the announcement of the judgment is rendered by the regional court of appeal or the Court of Cassation acting as a court of first instance. In appeal and appeal on points of law proceedings, the decision and judgment shall be examined with respect to procedural and substantive unlawfulness.

(13) Added: 6/12/2006, Law No. 5560, Art. 23 Amended: 16/7/2026, Law No. 7589, Art. 15 Decisions to defer the announcement of the judgment shall be recorded in a system specific to them. These records may be used for the purpose set out in this Article only where requested by the public prosecutor, judge or court in connection with an investigation or prosecution.

(14) Amended: 2/3/2024, Law No. 7499, Art. 15 Amended: 16/7/2026, Law No. 7589, Art. 15 The provisions of this Article relating to deferral of the announcement of the judgment shall not apply to the offences of torture and torment, or to offences committed by a public official by reason of his duty that may be regarded as ill-treatment within the scope of Article 17 of the Constitution.

(1) At the head of the judgment it shall be written that it is rendered "In the name of the Turkish Nation".

(2) At the head of the judgment:

a) The name of the court rendering the judgment,

b) The names and surnames of the presiding judge and members of the court or of the judge rendering the judgment, of the public prosecutor and the court clerk, of the intervening party, the victim, their attorney, the legal representative and the defence counsel, as well as the full identity of the accused,

c) Except in a judgment of acquittal, the place, date and time frame in which the offence was committed,

d) The date and duration of the custody or pre-trial detention of the accused and whether he is still detained,

shall be written.

(3) The reasoning of the judgment and, if any, the reasoning of the dissenting opinion, if not entered in full in the record, shall be placed in the case file within fifteen days at the latest from the announcement.

(4) Decisions and judgments shall be signed by the judges who took part in them.

(5) Amended: 24/11/2016, Law No. 6763, Art. 31 Where, after the operative part of the judgment has been pronounced and before the reasoned decision is signed, the judge dies or becomes unable to sign the decision for any reason, the new judge shall personally write and sign the reasoned decision in conformity with the pronounced judgment. Where such a situation arises in collegial courts, the judgment shall be signed by the other judges, and the presiding judge or the most senior judge shall write below the judgment the reason why the other judge was unable to sign it and shall sign it.

(6) The operative part of the judgment shall clearly indicate, in a manner leaving no room for doubt, the nature of the decision rendered under Article 223, the provisions of law applied, the amount of the penalty imposed, whether or not there is a possibility of resorting to legal remedies and of claiming compensation, and, if there is a possibility of recourse, the time limit and the competent authority.

(7) Copies and summaries of judgments shall be signed and sealed by the presiding judge or the judge and the court clerk.

(1) The victim and the complainant shall be summoned by a summons and heard by the public prosecutor or the presiding judge or the judge. Added sentences: 8/7/2021, Law No. 7331, Art. 21 When the prosecution stage is reached, the indictment shall be attached to the summons. Furthermore, information relating to the indictment and the hearing date shall also be notified by making use of means such as telephone, telegraph, fax and electronic mail, where such contact details are available in the file.

(2) The provisions relating to witnesses shall apply with respect to summoning and compelled appearance in this matter.

(1) The rights of the victim and the complainant are as follows:

a) In the investigation stage:

1. To request that evidence be collected,

2. To request copies of documents from the public prosecutor, provided that this does not prejudice the confidentiality and purpose of the investigation,

3. Amended: 24/7/2008, Law No. 5793, Art. 40 Where he has no attorney, in the offences of sexual assault, sexual abuse of children or stalking, and in the offences of intentional injury, torture or torment committed against women, as well as in offences requiring a sentence of imprisonment with a lower limit of more than five years, to request that a lawyer be assigned to him by the bar association,

4. Provided that it is in accordance with Article 153, to have the investigation documents and the items seized and taken into safekeeping examined through his attorney,

5. To exercise the right to object, in accordance with the procedure laid down by law, to a decision of the public prosecutor that there is no ground for prosecution.

b) In the prosecution stage:

1. To be informed of the hearing,

2. To intervene in the public prosecution,

3. To request copies of records and documents,

4. To request that witnesses be summoned,

5. Amended: 24/7/2008, Law No. 5793, Art. 40 Where he has no attorney, in the offences of sexual assault, sexual abuse of children or stalking, and in the offences of intentional injury, torture or torment committed against women, as well as in offences requiring a sentence of imprisonment with a lower limit of more than five years, to request that a lawyer be assigned to him by the bar association,

6. Provided that he has intervened in the case, to resort to legal remedies against decisions concluding the case.

(2) Where the victim has not attained the age of eighteen, or is deaf or mute, or is disabled to such a degree as to be unable to express himself, and has no attorney, an attorney shall be assigned without seeking his request.

(3) These rights shall be explained to the victims of the offence and to the complainant, and this shall be entered in the record.

(4) Added: 17/10/2019, Law No. 7188, Art. 21 Where, in the investigation or prosecution stage, it becomes necessary to travel to a place outside the domicile due to transfer of the case or forensic medicine procedures, the accommodation, subsistence and transport expenses incurred by the victim shall be covered from the budget of the Ministry of Justice in accordance with the provisions of the Allowance Law No. 6245 dated 10/2/1954.

(1) The addresses stated by the victim, the complainant or their attorney in their petitions or in their statements entered in the record shall be taken as the basis for service.

(2) A person who fails to appear despite a summons sent to this address shall not be served again.

(3) In cases where service cannot be effected due to the stated address being incorrect or incomplete or due to failure to notify a change of address, it shall not be necessary to search for the address.

(4) In cases where taking the statement of these persons is deemed mandatory, paragraph 3 shall not apply.

(1) Where the victim is heard as a witness, the provisions relating to testimony shall apply, except for the oath.

(2) A child or victim whose psychology has been disturbed by the effect of the offence committed may be heard as a witness only once in the investigation or prosecution relating to that offence. Cases where this is necessary for the discovery of the material truth are reserved.

(3) During the hearing as witnesses of child victims or of other victims whose psychology has been disturbed by the effect of the offence committed, an expert in the field of psychology, psychiatry, medicine or education shall be present. Repealed sentence: 17/10/2019, Law No. 7188, Art. 22

(4) Added: 17/10/2019, Law No. 7188, Art. 22 The statements and testimony of children or victims in respect of whom the public prosecutor or judge considers that their statements and testimony should be taken in a special environment, or that it would be inappropriate for them to come face to face with the suspect or the accused, shall be taken in a special environment through experts.

(5) Added: 17/10/2019, Law No. 7188, Art. 22 The statements in the investigation stage of children who are victims of the offences regulated in paragraph 2 of Article 103 of the Turkish Penal Code shall be taken through experts, under the supervision of the public prosecutor, at the centres providing services to them. The statements and images of the child victim shall be recorded. In the prosecution stage, only where it is necessary for the discovery of the material truth to take the statement of the child victim or to carry out any other procedure, such procedure shall be carried out at these centres through experts by the court or by a delegated judge it appoints. The procedures specified in this paragraph shall be carried out by taking the child victim to the nearest centre, irrespective of judicial districts and administrative boundaries.

(6) Added: 17/10/2019, Law No. 7188, Art. 22 The provision of paragraph 5 shall also apply with respect to the statements in the investigation stage of persons who are victims of the offences regulated in paragraph 2 of Article 102 of the Turkish Penal Code. However, the consent of the victim shall be required for the recording of statements and images.

(7) Added: 17/10/2019, Law No. 7188, Art. 22 Statement and image recordings taken within the scope of paragraphs 5 and 6 shall be kept in the case file, shall not be given to anyone, and the measures necessary for their confidentiality shall be taken.

(8) Added: 17/10/2019, Law No. 7188, Art. 22 Statement and image recordings taken within the scope of paragraphs 5 and 6 shall be converted into a written record. This record shall be given to the requesting suspect, accused, defence counsel, victim, attorney or legal representative. The statement and image recordings may be shown to these persons under the supervision of the investigation and prosecution authorities, with their confidentiality preserved.

(9) Added: 14/11/2024, Law No. 7532, Art. 17 The centres specified in paragraphs 5 and 6 may also be established by state universities.

(1) The victim, natural and legal persons harmed by the offence, and persons with financial liability may intervene in the public prosecution by declaring that they are complainants, at any point in the prosecution stage before the court of first instance until the judgment is rendered.

(2) A request to intervene in the case may not be made in legal remedy proceedings. However, requests to intervene that were raised before the court of first instance and rejected or not decided upon shall be examined and decided upon if they are expressly stated in the application for a legal remedy.

(1) Intervention shall take place, after the public prosecution has been initiated, by submitting a petition to the court or by having an oral application containing the request to intervene entered in the hearing record.

(2) Upon a statement indicating a complaint during the hearing, the person harmed by the offence shall be asked whether he wishes to intervene in the case.

(3) After the public prosecutor, the accused and, if any, his defence counsel have been heard, a decision shall be rendered as to whether the request to intervene in the case is appropriate.

(4) Repealed: 18/6/2014, Law No. 6545, Art. 103

(1) Amended: 24/7/2008, Law No. 5793, Art. 41 When the victim or the person harmed by the offence intervenes in the case, he may request that a lawyer be assigned to him by the bar association in the offences of sexual assault, sexual abuse of children or stalking, and in the offences of intentional injury, torture or torment committed against women, as well as in offences requiring a sentence of imprisonment with a lower limit of more than five years.

(2) Where the victim or the person harmed by the offence is a child, deaf and mute, or mentally ill to such a degree as to be unable to defend himself, no request shall be required for the assignment of a lawyer.

(1) Intervention shall not stay the case.

(2) The hearing whose date has been set and other procedural acts relating to the trial shall be carried out on the appointed day, even if the intervening person cannot be summoned or notified due to shortness of time.

(1) Decisions rendered before the intervention shall not be served on the intervening party.

(2) Upon expiry of the time limit provided for the public prosecutor to resort to legal remedies against these decisions, the intervening party shall also lose the right of recourse.

(1) The intervening party may resort to legal remedies independently of the public prosecutor.

(2) If the decision is reversed upon the application of the intervening party, the public prosecutor shall pursue the matter anew.

(1) If the intervening party withdraws or dies, the intervention shall become void. The heirs may intervene in the case in order to pursue the rights of the intervening party.

(1) An accused whose whereabouts are unknown, or who is abroad and cannot be brought before the competent court or whose being brought is not deemed appropriate, shall be deemed absent.

(2) No main hearing shall be held in respect of an absent person; the court shall carry out the necessary procedures for the purpose of obtaining or preserving evidence.

(3) These procedures may also be carried out through a delegated judge or a court acting upon letters rogatory.

(4) The defence counsel or legal representative or spouse of the accused may be present during these procedures. Where necessary, the court shall request the bar association to assign a defence counsel.

(1) An absent person whose address is unknown shall be warned, by an appropriate means of communication, to appear before the court or to notify his address.

(1) The court may issue a letter of safe conduct to an absent accused, guaranteeing that he will not be detained if he appears at the hearing, and this guarantee may be made subject to conditions.

(2) If the accused is sentenced to imprisonment, or prepares to flee, or fails to comply with the conditions to which the letter of safe conduct is subject, the letter shall lose its effect.

(1) A person who hides within the country or is in a foreign country for the purpose of ensuring that the investigation or prosecution against him remains inconclusive, and who for this reason cannot be reached by the public prosecutor or the court, is called a fugitive.

(2) Added: 25/5/2005, Law No. 5353, Art. 31 Where an order of compelled appearance issued because a suspect or accused, against whom an investigation or prosecution has been initiated for the offences specified in paragraph 2 of Article 248, failed to comply with the service duly effected by the competent public prosecutor or court also cannot be executed, the public prosecutor or the court shall:

a) Decide that the summons be announced in a newspaper and by posting it on the door of the known residence of the suspect or accused; in the announcements to be made, it shall also state that, if he does not appear within fifteen days, the measures set out in Article 248 may be ordered,

b) Decide that the suspect or accused who does not apply within fifteen days from the establishment by a record that these procedures have been carried out is a fugitive.

(3) Paragraph annulled by Constitutional Court decision of 22/3/2023, E. 2022/145, K. 2023/59 Re-enacted: 2/3/2024, Law No. 7499, Art. 16 Amended: 16/7/2026, Law No. 7589, Art. 16 A prosecution may be conducted in respect of a fugitive accused. However, if he has not previously been interrogated, a judgment of conviction or a decision that no penalty is to be imposed may not be rendered. Where a security measure is ordered, the fugitive accused or his defence counsel may request the reopening of the proceedings by stating that he wishes to exercise the right of defence.

(4) In cases where a hearing is held, if the fugitive accused has no defence counsel, the court shall request the bar association to assign a lawyer.

(1) In order to ensure that the fugitive applies to the public prosecutor or appears at the hearing, his property, rights and receivables located in Türkiye may be seized, in proportion to that aim, by decision of the criminal judgeship of peace upon the request of the public prosecutor or by decision of the court, and where necessary a trustee shall be appointed for their administration. The decision on seizure and appointment of a trustee shall be notified to defence counsel.

(2) The provision of paragraph 1 shall apply in respect of;

a) The following, as defined in the Turkish Penal Code;

1. Genocide and crimes against humanity (Articles 76, 77, 78),

2. Migrant smuggling and human trafficking (Articles 79, 80),

3. Theft (Articles 141, 142),

4. Robbery (Articles 148, 149),

5. Breach of trust (Article 155),

6. Fraud (Articles 157, 158),

7. Fraudulent bankruptcy (Article 161),

8. Manufacture of and trade in narcotic or stimulant substances (Article 188),

9. Counterfeiting money (Article 197),

10. Establishing an organisation for the purpose of committing offences (Article 220),

11. Embezzlement (Article 247),

12. Extortion by public officials (irtikâp) (Article 250),

13. Bribery (Article 252),

14. Bid rigging (Article 235),

15. Rigging the performance of obligations (Article 236),

16. Offences Against the Security of the State (Articles 302, 303, 304, 305, 306, 307, 308),

17. Added: 24/11/2016, Law No. 6763, Art. 33 Offences Against the Constitutional Order and the Functioning of This Order (Articles 309, 310, 311, 312, 313),

18. Armed organisation (Article 314) or supplying weapons to such organisations (Article 315),

19. Offences Against State Secrets and Espionage (Articles 328, 329, 330, 331, 333, 334, 335, 336, 337),

offences,

b) The offences of arms smuggling (Article 12) defined in the Law on Firearms, Knives and Other Instruments,

c) The offence of embezzlement defined in paragraphs (3) and (4) of Article 22 of the Banking Law,

d) Offences defined in the Law on Combating Smuggling that require imprisonment,

e) Offences defined in Articles 68 and 74 of the Law on the Protection of Cultural and Natural Property,

the provision shall apply in respect of the foregoing.

(3) The provisions on seizure shall apply to the protection of the seized property, rights and receivables. The criminal judgeship of peace or the court may order that a summary of the decisions concerning the measures be published in a newspaper.

(4) Where the fugitive is apprehended or surrenders of his own accord, the lifting of the seizure shall be ordered.

(5) A decision of pre-trial detention in absentia may be rendered in respect of the fugitive by the criminal judgeship of peace or the court pursuant to Article 100 and the following articles.

(6) Where the criminal judgeship of peace or the court, upon ordering seizure, determines that the relatives whom the fugitive is legally obliged to support may fall into poverty because of the measures taken, it shall authorise the trustee to provide them, for their subsistence, with assistance from the seized assets in an amount proportionate to their social circumstances.

(7) The provision of Article 246 shall also apply to fugitives.

(8) An objection may be lodged against these decisions.

(1) In investigations and prosecutions conducted for offences committed within the scope of the activities of a legal person, the organ or representative of the legal person shall be admitted to the hearing in the capacity of a party standing alongside the intervening party or the defence.

(2) In this case, the organ or representative of the legal person shall benefit from the rights that this Code grants to the intervening party or to the accused.

(3) The provision of paragraph 1 shall not apply where the accused also holds the capacity of organ or representative of the legal person.

Repealed: 2/7/2012, Law No. 6352, Art. 105 Re-enacted together with its heading: 17/10/2019, Law No. 7188, Art. 23

(1) At the end of the investigation stage, where no decision is made to suspend the filing of the public action, the summary procedure (seri muhakeme usulü) shall apply in respect of the following offences:

a) The following, contained in the Turkish Penal Code;

1. Trespass on property to which one has no right (Article 154, paragraphs 2 and 3),

2. Intentionally endangering public safety (Article 170, paragraphs 1 and 3),

3. Endangering traffic safety (Article 179, paragraphs 2 and 3),

4. Causing noise (Article 183),

5. Counterfeiting money (Article 197, paragraphs 2 and 3),

6. Breaking seals (Article 203),

7. False declaration in the issuance of an official document (Article 206),

8. Providing a place or facilities for gambling (Article 228, paragraph 1),

9. Use of another person's identity or identity information (Article 268),

offences.

b) The offences specified in paragraph 3 of Article 13 and in paragraphs 1, 2 and 3 of Article 15 of the Law No. 6136 of 10/7/1953 on Firearms, Knives and Other Instruments.

c) The offence specified in paragraph 1 of Article 93 of the Forest Law No. 6831 of 31/8/1956.

d) The offence specified in Article 2 of the Law No. 1072 of 13/12/1968 on Roulette, Tilt, Pinball and Similar Game Devices and Machines.

e) The offence specified in subparagraph (1) of paragraph 1 of Additional Article 2 of the Cooperatives Law No. 1163 of 24/4/1969.

(2) The public prosecutor or law enforcement officers shall inform the suspect about the summary procedure.

(3) The application of the summary procedure shall be offered to the suspect by the public prosecutor, and this procedure shall apply if the suspect accepts the offer in the presence of defence counsel.

(4) The public prosecutor shall determine the sanction by applying a reduction of one half to the basic penalty, which he shall fix between the lower and upper limits of the penalty prescribed in the statutory definition of the offence taking into account the matters specified in paragraph 1 of Article 61 of the Turkish Penal Code, and, where the conditions exist, to the penalty determined after the provisions on successive offences have been applied.

(5) The imprisonment ultimately determined pursuant to paragraph 4 may, where the conditions exist, be converted by the public prosecutor into alternative sanctions pursuant to Article 50 of the Turkish Penal Code or suspended pursuant to Article 51 thereof.

(6) Where the conditions exist, Article 231 may be applied by analogy by the public prosecutor to the sanctions determined under this Article.

(7) The application of a sanction within the scope of this Article shall not prevent the application of the provisions on security measures.

(8) The public prosecutor shall request in writing from the competent court the application of the summary procedure in respect of the suspect. In the request document;

a) The identity of the suspect and his defence counsel,

b) The identity of the victim or of persons harmed by the offence and, if any, their attorney or legal representative,

c) The offence imputed and the relevant articles of law,

d) The place, date and time period in which the imputed offence was committed,

e) Whether the suspect is in pre-trial detention; if detained, the dates of taking into custody and of pre-trial detention and their durations,

f) A summary of the events constituting the imputed offence,

g) That the conditions specified in paragraph 3 have been fulfilled,

h) The determined sanction and, where paragraphs 5 and 6 have been applied, the matters relating thereto, and the security measures,

shall be specified. Added sentence: 8/7/2021, Law No. 7331, Art. 22 A request document found to have been drawn up contrary to this paragraph, to contain a material error in the determined sanction, to have been prepared although the objective conditions for applying Article 231 or Articles 50 and 51 of the Turkish Penal Code to the sanction were not fulfilled, or to fail to specify a security measure appropriate to the nature of the proposed penalty, shall be returned by the court to the chief public prosecutor's office for the deficiencies to be remedied. After the deficiencies have been remedied and the erroneous points corrected by the public prosecutor, the request document shall be redrawn and sent to the court.

(9) After hearing the suspect in the presence of defence counsel, if the court concludes that the conditions in paragraph 3 have been fulfilled, that the act falls within the scope of the summary procedure and that a conviction must be rendered on the basis of the existing evidence in the file, it shall render judgment in accordance with the provisions of paragraphs 4 to 7, provided that the sanction is not heavier than that specified in the request document; otherwise, it shall reject the request and send the file to the chief public prosecutor's office so that the investigation may be concluded in accordance with the general provisions. A suspect who fails to appear before the court without an excuse shall be deemed to have waived this procedure.

(10) Where the summary procedure cannot be completed for any reason or the file is sent to the chief public prosecutor's office so that the investigation may be concluded in accordance with the general provisions, the statements of the suspect accepting the summary procedure and the other documents relating to the application of this procedure may not be used as evidence in the subsequent investigation and prosecution proceedings.

(11) Where the offence is committed jointly, the summary procedure shall not apply if one of the suspects does not accept the application of this procedure. Added sentence: 8/7/2021, Law No. 7331, Art. 22 The summary procedure shall not apply where an offence falling within its scope has been committed together with another offence not falling within its scope.

(12) The summary procedure shall not apply in cases of minority of age and mental illness (…).

(13) The summary procedure shall not apply where the suspect cannot be reached because he is not present at the address declared to official authorities and contained in the investigation file or is abroad (…).

(14) Amended: 8/7/2021, Law No. 7331, Art. 22 An objection may be lodged against the judgment rendered by the court within the scope of paragraph 9. The authority examining the objection shall examine it with respect to the conditions in paragraphs 3 and 9.

(15) The procedures and principles concerning the application of this Article shall be determined by a regulation issued by the Ministry of Justice.

Repealed: 2/7/2012, Law No. 6352, Art. 105 Re-enacted together with its heading: 17/10/2019, Law No. 7188, Art. 24

(1) After the acceptance of the indictment, the criminal court of first instance may decide to apply the simple trial procedure for offences requiring a judicial fine and/or imprisonment with an upper limit of two years or less. Added sentence: 8/7/2021, Law No. 7331, Art. 23 The simple trial procedure shall not apply after the hearing date has been set pursuant to paragraph 2 of Article 175.

(2) Where it is decided to apply the simple trial procedure, the court shall serve the indictment on the accused, the victim and the complainant and request them to submit their statements and defences in writing within two weeks. The service shall also state that judgment may be rendered without holding a hearing. Furthermore, the documents that need to be collected shall be requested from the relevant institutions and organisations.

(3) After the period granted for statements and defence has expired, the court may, without holding a hearing and without obtaining the opinion of the public prosecutor, render one of the decisions specified in Article 223, taking into account Article 61 of the Turkish Penal Code. Where a conviction is rendered, the resulting penalty shall be reduced by one quarter.

(4) Where the conditions exist, the court may convert a short-term imprisonment into alternative sanctions or suspend the imprisonment, or, provided that the accused does not object to its application in writing, decide to defer the pronouncement of the judgment.

(5) The judgment shall state the objection procedure and the consequences of an objection.

(6) Where the court deems it necessary, it may, at any stage until judgment is rendered under this Article, continue the trial in accordance with the general provisions by opening a hearing.

(7) The simple trial procedure shall not apply in cases of minority of age, mental illness, (…), or to offences for which the conduct of an investigation or prosecution is subject to permission or request.

(8) The simple trial procedure shall not apply where an offence falling within its scope has been committed together with another offence not falling within its scope.

Repealed: 2/7/2012, Law No. 6352, Art. 105 Re-enacted together with its heading: 17/10/2019, Law No. 7188, Art. 25

(1) An objection may be lodged against judgments rendered pursuant to Article 251. Judgments against which no objection is lodged within the time limit shall become final.

(2) Amended: 2/3/2024, Law No. 7499, Art. 17 Upon objection, the court that rendered the judgment shall send the file, where there is more than one criminal court of first instance in that locality, to the criminal court of first instance determined according to the distribution criteria, and that court shall open a hearing and continue the trial in accordance with the general provisions. In localities where there is a single criminal court of first instance, the hearing shall be opened and the trial continued in accordance with the general provisions by another competent judge in the same court, if any; otherwise, by the judge assigned by the president of the justice commission of the ordinary judiciary courts of first instance. The hearing shall be held even if the parties do not appear, and judgment may be rendered in their absence pursuant to Article 223. This matter shall be stated in the summons to be sent to the parties. Where the objection is withdrawn before the hearing, no hearing shall be held and the objection shall be deemed not to have been lodged.

(3) Amended: 2/3/2024, Law No. 7499, Art. 17 When rendering judgment pursuant to paragraph 2, the court shall not be bound by the judgment rendered under the simple trial procedure within the scope of Article 251. However, where the objection is lodged by persons other than the accused, the reduction pursuant to paragraph 3 of Article 251 shall be applied.

(4) Amended: 2/3/2024, Law No. 7499, Art. 17 Where the judgment rendered upon objection is in favour of the accused, and these matters are capable of being applied to the other accused persons who did not lodge an objection, those accused persons shall also benefit from the decisions rendered as if they had lodged an objection.

(5) Amended: 2/3/2024, Law No. 7499, Art. 17 Legal remedies may be sought against judgments rendered pursuant to paragraph 2 in accordance with the general provisions.

(6) Amended: 2/3/2024, Law No. 7499, Art. 17 Where the court assesses that the objection under paragraph 1 was not lodged within the time limit or was lodged by a person not entitled to seek a legal remedy, the file shall be sent to the authority competent to examine the objection pursuant to paragraph 2 of Article 268. The authority shall carry out its examination with respect to these grounds and send its decision to the court for the necessary action.

(7) Added: 2/3/2024, Law No. 7499, Art. 17 Where the objection under paragraph 1 concerns the costs of proceedings, the attorney's fee or a material error, the provision of paragraph 2 of Article 268 shall apply. The authority shall carry out its examination with respect to these grounds and send its decision to the court for the necessary action.

Amended: 6/12/2006, Law No. 5560, Art. 24

(1) In the following offences, an attempt shall be made to bring about conciliation between the suspect and the victim, or the natural person or private-law legal person harmed by the offence:

a) Offences whose investigation and prosecution are subject to complaint.

b) Irrespective of whether they are subject to complaint, the following offences set out in the Turkish Penal Code:

1. Intentional injury (Article 86, except paragraph 3; Article 88),

2. Negligent injury (Article 89),

3. Added: 24/11/2016, Law No. 6763, Art. 34 Threat (Article 106, paragraph 1),

4. Violation of the inviolability of the domicile (Article 116),

5. Added: 17/10/2019, Law No. 7188, Art. 26 Violation of the freedom to work and labour (Article 117, paragraph 1; Article 119, subparagraph (c) of paragraph 1),

6. Added: 24/11/2016, Law No. 6763, Art. 34 Theft (Article 141),

7. Added: 17/10/2019, Law No. 7188, Art. 26 Breach of trust (Article 155, except paragraph 3),

8. Added: 24/11/2016, Law No. 6763, Art. 34 Fraud (Article 157),

9. Added: 17/10/2019, Law No. 7188, Art. 26 Purchase or acceptance of proceeds of crime (Article 165),

10. Abduction and detention of a child (Article 234),

11. Disclosure of information or documents constituting trade secrets, banking secrets or customer secrets (Article 239, except paragraph 4),

offences.

c) Added: 24/11/2016, Law No. 6763, Art. 34 Provided that the victim or the person harmed by the offence is a natural person or a private-law legal person, additionally, in respect of children involved in the judicial process, offences punishable by imprisonment with an upper limit not exceeding three years or by a judicial fine.

(2) Except for offences whose investigation and prosecution are subject to complaint, in order for conciliation to be resorted to in respect of offences set out in other laws, there must be an express provision in the law.

(3) Even if their investigation and prosecution are subject to complaint, conciliation may not be resorted to in offences against sexual inviolability, in the offence of stalking (Article 123/A) and in the offence of insult (Article 125). Added sentence: 26/6/2009, Law No. 5918, Art. 8 The provisions on reconciliation shall not apply either where an offence falling within the scope of conciliation has been committed against the same victim together with another offence not falling within that scope. Added sentence: 24/12/2025, Law No. 7571, Art. 24 However, where an offence falling within the scope of prepayment and an offence falling within the scope of conciliation have been committed together against the same victim, the provisions on reconciliation shall apply in respect of the offence falling within the scope of conciliation.

(4) Where the offence under investigation is subject to reconciliation and there is sufficient suspicion for filing a public action, the file shall be sent to the conciliation office. The conciliator assigned by the office shall make an offer of reconciliation to the suspect and to the victim or the person harmed by the offence. Where the suspect, the victim or the person harmed by the offence is a minor, the offer of reconciliation shall be made to his or her legal representatives. The conciliator may also make the offer of reconciliation through explanatory service or by way of letters rogatory. If the suspect, the victim or the person harmed by the offence does not communicate his or her decision within seven days from the date on which the offer of reconciliation was made to him or her, he or she shall be deemed to have rejected the offer. 105

(5) Where an offer of reconciliation is made, the nature of reconciliation and the legal consequences of accepting or rejecting reconciliation shall be explained to the person.

(6) Where the victim, the person harmed by the offence, the suspect or their legal representative cannot be reached because they are not at the address declared to the official authorities and contained in the investigation file, or because they are abroad, or for any other reason, the investigation shall be concluded without resorting to conciliation.

(7) In order for conciliation to be resorted to in respect of an offence that has victimised or harmed more than one person, all of the victims or persons harmed by the offence must accept reconciliation.

(8) The making of an offer of reconciliation or the acceptance of the offer shall not prevent the collection of evidence relating to the offence under investigation or the application of protective measures.

(9) Repealed: 24/11/2016, Law No. 6763, Art. 34

(10) The circumstances set out in this Code in which a judge may not hear a case and the grounds for challenging a judge shall be taken into consideration in relation to the assignment of a conciliator.

(11) The assigned conciliator shall be given a copy of each of the documents contained in the investigation file that the public prosecutor deems appropriate. The conciliation office shall remind the conciliator that he or she is obliged to act in accordance with the principle of confidentiality of the investigation.

(12) The conciliator shall conclude the conciliation proceedings within thirty days at the latest from the date on which copies of the documents in the file are given to him or her. The conciliation office may extend this period at most two more times, each time by no more than twenty days.

(13) Conciliation negotiations shall be conducted confidentially. The suspect, the victim, the person harmed by the offence, the legal representative, the defence counsel and the attorney may participate in the conciliation negotiations. Where the suspect, the victim or the person harmed by the offence, or his or her legal representative or attorney, refrains from participating in the negotiations, he or she shall be deemed not to have accepted reconciliation.

(14) The conciliator may consult the public prosecutor regarding the method to be followed during the negotiations; the public prosecutor may give instructions to the conciliator.

(15) At the end of the reconciliation negotiations, the conciliator shall prepare a report and submit it to the conciliation office together with the copies of documents given to him or her. Where reconciliation is achieved, the manner in which reconciliation was reached shall be explained in detail in the report, which shall also bear the signatures of the parties. Added sentence: 24/11/2016, Law No. 6763, Art. 34 The conciliation office shall send the investigation file, the report and the written agreement, if any, to the public prosecutor.

(16) Notwithstanding the rejection of the offer of reconciliation, the suspect and the victim or the person harmed by the offence may apply to the public prosecutor, at the latest by the date on which the indictment is drawn up, with a document showing that they have reconciled, and declare that they have reconciled.

(17) If the public prosecutor determines that the reconciliation is based on the free will of the parties and that the performance is lawful, he or she shall place the report or document under seal and signature and keep it in the investigation file.

(18) Where conciliation remains unsuccessful, conciliation may not be resorted to again.

(19) Where, as a result of reconciliation, the suspect performs his or her obligation in a single instalment, a decision of non-prosecution shall be rendered in respect of him or her. Where performance of the obligation is deferred to a later date, made payable in instalments or is of a continuing nature, a decision to defer the filing of the public action shall be rendered in respect of the suspect without seeking the conditions in Article 171. Limitation shall not run during the deferral period. Where, after the decision to defer the filing of the public action, the requirements of the reconciliation are not fulfilled, the public action shall be filed without seeking the condition in paragraph 4 of Article 171. (…) Where reconciliation is achieved, no action for compensation may be filed on account of the offence under investigation, except for damages that could not be determined at the time of reconciliation or that arise after reconciliation; any action already filed shall be deemed to have been waived. Where the suspect fails to perform his or her obligation, the reconciliation report or document shall be deemed to be among the documents having the character of a court judgment as set out in Article 38 of the Enforcement and Bankruptcy Law No. 2004 of 9/6/1932.

(20) Statements made during conciliation negotiations may not be used as evidence in any investigation, prosecution or action.

(21) From the date on which the first offer of reconciliation is made to any of the suspect, the victim or the person harmed by the offence, until the date on which the conciliation attempt remains unsuccessful and, at the latest, the date on which the conciliator draws up his or her report and submits it to the conciliation office, the limitation period for the action and the period for filing a complaint, which is a condition of prosecution, shall not run.

(22) Amended first sentence: 24/11/2016, Law No. 6763, Art. 34 The conciliator shall be paid a fee according to the tariff determined by the Ministry of Justice. The conciliator's fee and other conciliation expenses shall be deemed to be among the trial expenses. Where reconciliation is achieved, these expenses shall be borne by the State Treasury.

(23) The legal remedies provided for in this Code may be resorted to in respect of decisions to be rendered as a result of reconciliation.

(24) Amended: 24/11/2016, Law No. 6763, Art. 34 A conciliation office shall be established within each Chief Public Prosecutor's Office, and a sufficient number of public prosecutors and personnel shall be assigned to it. Conciliators shall be assigned from the conciliator lists determined by the Ministry of Justice, which consist of law faculty graduates. The conciliator shall send the report he or she has prepared, the minutes and the written agreement, if any, to the office. At the end of the conciliation process, investigation files shall be concluded by the public prosecutors serving in the conciliation office.

(25) Added: 24/11/2016, Law No. 6763, Art. 34 The qualifications, training, examination, duties and responsibilities and supervision of conciliators; the qualifications and supervision of the persons, institutions and organisations that will provide training; the conciliator registry and the preparation of the lists of conciliators and training institutions; the working procedures and principles of the conciliation offices established within the Chief Public Prosecutor's Offices; the conciliation offer and negotiation procedure; the matters to be included in the conciliation agreement and the report; and the procedures and principles relating to other matters concerning implementation shall be regulated by a regulation issued by the Ministry of Justice.

Amended: 6/12/2006, Law No. 5560, Art. 25

(1) Where, after the public action has been filed, it is understood that the offence under prosecution falls within the scope of reconciliation, the prosecution file shall be sent to the conciliation office so that the conciliation proceedings may be carried out in accordance with the principles and procedure set out in Article 253.

(2) Amended: 7/11/2024, Law No. 7531, Art. 17 Where reconciliation is achieved and, as a result of reconciliation, the accused performs his or her obligation in a single instalment, the court shall decide to dismiss the case. Where performance of the obligation is deferred to a later date, made payable in instalments or is of a continuing nature, a decision to stay the proceedings shall be rendered. Limitation shall not run during the stay. Where the requirements of the reconciliation are not fulfilled, the court shall resume the trial from where it was left off.

(1) In offences committed by more than one person, whether or not there is a relationship of complicity between them, only the person who reconciles shall benefit from the reconciliation.

(1) In cases where a confiscation decision must be rendered, if a public action has not been filed, or if a public action has been filed but no decision has been rendered together with the merits, the public prosecutor or the intervening party may apply to the court competent to hear the case for a decision to be rendered.

(2) Where a public action has been filed but no decision has been rendered together with the merits regarding the property or assets that must be returned, the court shall decide on their return ex officio or upon the request of the interested parties.

(1) Decisions to be rendered under Article 256 shall be rendered following a hearing.

(2) Persons who have a right over the property or other assets to be confiscated or returned shall also be summoned to the hearing. These persons may exercise the rights held by the accused.

(3) Their failure to comply with the summons shall not cause the proceedings to be postponed and shall not prevent the judgment from being rendered.

(1) The remedy of appeal (istinaf) shall be available to the public prosecutor, the intervening party and the persons specified in Article 257 against judgments to be rendered under Article 256.

(1) The confiscation of property that is not the subject of an offence but is merely subject to confiscation shall be decided by the criminal judgeship of peace without holding a hearing.

(1) Legal remedies shall be available against decisions of judges and courts to the public prosecutor, the suspect, the accused and persons who have acquired the status of intervening party under this Code, as well as to persons whose request for intervention has not been decided upon or has been rejected, or who have been harmed by the offence in such a manner as to be able to acquire the status of intervening party.

(2) Amended: 18/6/2014, Law No. 6545, Art. 73 Public prosecutors at assize courts may resort to legal remedies against the decisions of the criminal courts of first instance within the judicial district of the assize court; public prosecutors at regional courts of appeal may resort to legal remedies against the decisions of the regional courts of appeal.

(3) The public prosecutor may also resort to legal remedies in favour of the accused.

(1) An attorney may resort to legal remedies provided that this is not contrary to the express wishes of the persons whose defence or representation he or she has undertaken.

(1) The legal representative and the spouse of the suspect or the accused may, of their own accord, resort to the legal remedies available to the suspect or the accused within the prescribed time limit. The provisions relating to an application by the suspect or the accused shall also apply to an application to be made by them and to the proceedings following it.

(1) A suspect or accused who is in pre-trial detention may resort to legal remedies by making a statement to the court clerk or to the director of the penal execution institution and detention house in which he or she is detained, or by submitting a petition to that effect.

(2) In the case of an application to the court clerk, after the statement or petition resorting to legal remedies has been entered in the relevant register, minutes stating these matters shall be drawn up and a copy thereof shall be given to the detained suspect or accused.

(3) In the case of an application to the director of the institution, action shall be taken in accordance with paragraph 2, and the minutes and the petition shall be sent immediately to the relevant court. The court clerk shall enter the application in the relevant register.

(4) When action has been taken by the court clerk or the director of the institution in accordance with paragraph 2, the time limits set out in this Code for legal remedies shall be deemed to have been interrupted.

(1) In an admissible application, an error in determining the legal remedy or the authority shall not extinguish the rights of the applicant.

(2) In this case, the authority to which the application was made shall immediately send the application to the authority having jurisdiction and competence.

(1) A decision against which the public prosecutor has resorted to a legal remedy may be reversed or modified in favour of the accused. Where the public prosecutor resorts to a legal remedy in favour of the accused, the new judgment may not contain a penalty heavier than the penalty imposed in the previous judgment.

(1) The withdrawal of a legal remedy after it has been resorted to shall be valid until a decision is rendered by the reviewing authority. However, an application made by the public prosecutor in favour of the accused may not be withdrawn without the accused's consent.

(2) The ability of the defence counsel or the attorney to withdraw an application is subject to the condition that he or she has been specifically authorised to do so in the power of attorney.

(3) Where, in accordance with paragraph 2 of Article 150, a legal remedy is resorted to on behalf of suspects or accused persons for whom defence counsel has been appointed, or where the legal remedy resorted to is withdrawn, and the will of the suspect or accused conflicts with that of the defence counsel, the will of the defence counsel shall be deemed to prevail.

(1) An objection may be made against decisions of judges and, in the cases indicated by law, against decisions of courts.

(1) Unless the law provides otherwise, an objection to a decision of a judge or court shall be made, within two weeks from the day on which the interested parties learned of the decision in accordance with Article 35, by a petition submitted to the authority that rendered the decision, or by a statement made to the court clerk on condition that it is recorded in minutes. The statement and signature recorded in the minutes shall be approved by the presiding judge of the court or the judge. The provision of Article 263 is reserved.

(2) If the judge or court whose decision has been objected to finds the objection well-founded, it shall correct its decision; if it does not find it well-founded, it shall send the objection, within three days at the latest, to the authority competent to examine the objection.

(3) The authorities competent to examine objections are indicated below:

a) Amended: 18/6/2014, Law No. 6545, Art. 74 The examination of objections made against decisions of criminal judgeships of peace shall, where there is more than one criminal judgeship of peace in that place, fall to the judgeship that follows it in number, and, for the judgeship bearing the last number, to the judgeship numbered one; in places where there is no assize court and there is a single criminal judgeship of peace, to the criminal judgeship of peace in the place where the assize court within whose judicial district it serves is located; and in places where there is an assize court and there is a single criminal judgeship of peace, to the criminal judgeship of peace in the place where the nearest assize court is located.

b) Amended: 8/7/2021, Law No. 7331, Art. 24 The examination of objections made against decisions of criminal judgeships of peace concerning pre-trial detention and judicial control shall fall to the judge of the criminal court of first instance within whose judicial district it is located. Where the authorities competent to examine the objection are different, the necessary measures shall be taken by the criminal judgeship of peace whose decision has been objected to, so that the objections are examined without delay. If the affairs of the criminal judgeship of peace are handled by the judge of a criminal court of first instance, the authority to examine the objection shall fall to the presiding judge of the assize court.

c) The examination of objections to be made against decisions rendered by the judge of a criminal court of first instance shall fall to the assize court within whose judicial district they are located; and the examination of objections concerning decisions rendered by that court and its presiding judge shall, where there is more than one chamber of the assize court in that place, fall to the chamber that follows it in number, and, for the chamber bearing the last number, to the first chamber; and, where there is a single chamber of the assize court in that place, to the nearest assize court.

d) The examination of objections to be made against decisions of delegated judges shall fall to the presiding judge of the assize court to which they belong; and, against decisions of courts acting under letters rogatory, to the presiding judge of the court or the court in the place where they are located, according to the principles set out in the subparagraphs above.

e) In objections made against decisions of the criminal chambers of regional courts of appeal and decisions rendered by the criminal chambers of the Court of Cassation in cases they hear as courts of first instance; the decision of a member shall be examined by the presiding judge of the chamber in which he or she serves, and the decision of the presiding judge of a chamber and of the criminal chamber shall be examined by the criminal chamber that follows it in number; where the chamber bearing the last number is concerned, by the first criminal chamber.

(1) An objection shall not have the effect of suspending the execution of the decision.

(2) However, the authority whose decision has been objected to or the authority that will examine the decision may decide that its execution be suspended.

(1) The authority that will examine the objection may notify the objection to the public prosecutor and to the opposing party so that they may respond in writing. The authority may conduct examinations and inquiries and, where it deems necessary, may also order that these be conducted.

(2) Added: 11/4/2013, Law No. 6459, Art. 20 Where the opinion of the public prosecutor is obtained upon an objection made under Articles 101 and 105, this opinion shall be notified to the suspect, the accused or the defence counsel. The suspect, the accused or the defence counsel may submit his or her opinion within three days.

(1) Except for the cases set out in the law, a decision on the objection shall be rendered without holding a hearing. However, where deemed necessary, the public prosecutor and then the defence counsel or the attorney shall be heard.

(2) If the objection is found to be well-founded, the authority shall at the same time also decide on the subject matter of the objection.

(3) The decision shall be rendered as soon as possible.

(4) The decisions rendered by the authority upon objection shall be final; however, an objection may be made against pre-trial detention decisions rendered by the authority for the first time.

(1) The remedy of appeal (istinaf) may be resorted to against judgments rendered by courts of first instance. However, judgments concerning sentences of imprisonment of fifteen years or more shall be examined ex officio by the regional court of appeal.

(2) Appeal may also be resorted to, together with the judgment, against court decisions that were rendered before the judgment and form the basis of the judgment, or for which no other legal remedy has been provided.

(3) However;

a) Amended: 31/3/2011, Law No. 6217, Art. 23 Judgments of conviction to a judicial fine of up to and including fifteen thousand Turkish Liras as finally determined, except for judicial fines converted from imprisonment,

b) Judgments of acquittal for offences punishable by a judicial fine with an upper limit not exceeding five hundred days,

c) Judgments stated by law to be final,

may not be appealed. Added sentence: 14/4/2020, Law No. 7242, Art. 17 Judgments rendered in this manner shall not constitute a basis for recidivism.

(1) A request for appeal shall be made within two weeks from the date on which the judgment, together with its reasoning, is served, by submitting a petition to the court that rendered the judgment or by making a declaration to the court clerk; the declaration shall be recorded in minutes and the minutes shall be approved by the judge. The provision of Article 263 is reserved in respect of a defendant in pre-trial detention.

(2) Repealed: 2/3/2024, Law No. 7499, Art. 18

(3) Amended: 18/6/2014, Law No. 6545, Art. 75 Public prosecutors at assize courts may apply for appeal against the judgments of the courts of first instance within the jurisdiction of their courts within two weeks from the date on which the decision reaches the chief public prosecutor's office of that locality.

(4) The failure to state the grounds for the application in the petition or declaration of the defendant and of those who have obtained the status of intervening party under this Code, or of those whose request to intervene has not been decided upon or has been rejected, or who have been harmed by the offence in such a way as to be able to obtain the status of intervening party, shall not prevent the review.

(5) The public prosecutor shall clearly state the grounds for applying for appeal, together with the reasons therefor, in the written request. This request shall be served on the persons concerned. The persons concerned may submit their responses on this matter within two weeks from the date of service.

(1) The defendant may request restoration to the previous position against judgments rendered against him in his absence. The time limit for appeal shall also run during the time limit for restoration to the previous position. Where the defendant requests restoration to the previous position, he must also file a separate request for appeal. In this case, the matters relating to the request for appeal shall be postponed until a decision is rendered on the request for restoration to the previous position.

(1) An application for appeal made within the time limit shall prevent the judgment from becoming final.

(2) Repealed: 2/3/2024, Law No. 7499, Art. 21

(1) If the request for appeal has been made after the expiry of the statutory time limit, or against a judgment that is not subject to appeal, or if the person applying for appeal has no right to do so, the court that rendered the judgment shall reject the petition by a decision.

(2) The public prosecutor or the persons concerned who applied for appeal may, within two weeks from the service of the rejection decision on them, request the regional court of appeal to render a decision on this matter. In this case, the file shall be sent to the regional court of appeal. However, the execution of the judgment may not be postponed for this reason.

(1) A copy of the appeal petition, or of the minutes relating to the declaration, that has not been rejected by the court that rendered the judgment pursuant to Article 276 shall be served on the opposing party. The opposing party may submit its response in writing within two weeks from the date of service.

(2) If the opposing party is the defendant, he may also submit his response by a declaration made to the court clerk to be recorded in minutes. After the response has been submitted or the time limit set for it has expired, the case file shall be sent to the regional court of appeal.

(3) The provisions of Articles 262 and 263 are reserved.

Amended: 15/8/2016, Decree Law No. 674, Art. 14; adopted without amendment: 10/11/2016, Law No. 6758, Art. 14

(1) When the case file reaches the regional court of appeal, it shall be assigned to the competent criminal chamber according to the division of work. The chamber shall ensure that any deficiencies in service are remedied.

(1) At the end of the preliminary examination conducted on the file, it shall be decided:

a) Where it is understood that the regional court of appeal does not have jurisdiction, that the file be sent to the competent regional court of appeal,

b) Where it is understood that the application to the regional court of appeal was not made within the time limit, that the decision sought to be reviewed is not among the decisions that may be reviewed by the regional court of appeal, or that the applicant has no right to apply, that the application for appeal be rejected,

accordingly. Added sentence: 18/6/2014, Law No. 6545, Art. 76 These decisions are subject to objection.

(1) After examining the file and the evidence submitted together with it, the regional court of appeal shall decide:

a) Where it establishes that there is no unlawfulness, procedural or substantive, in the decision of the court of first instance, that there is no deficiency in the evidence or proceedings, and that the assessment of proof is appropriate, to dismiss the application for appeal on the merits; and, where there are violations set out in subparagraphs (a), (c), (d), (e), (f), (g) and (h) of paragraph 1 of Article 303, to dismiss the application for appeal on the merits by correcting the unlawfulness,

b) Added: 20/7/2017, Law No. 7035, Art. 15 Where, in line with the public prosecutor's ground for applying for appeal, it deems appropriate the application of the minimum level of the penalty prescribed by law for the offence subject to conviction, to dismiss the application for appeal on the merits by correcting the unlawfulness,

c) Added: 17/10/2019, Law No. 7188, Art. 27 In cases which, without the need for any further investigation, require a lesser penalty to be imposed, or a decision that there is no need to impose a penalty, on account of personal grounds removing the penalty or requiring a reduction of the penalty, or personal grounds of impunity, to dismiss the application for appeal on the merits by correcting the unlawfulness,

d) Added: 20/7/2017, Law No. 7035, Art. 15 In cases where, without the need for further investigation of the incident, a decision dismissing the action must be rendered or an erroneous decision concerning security measures must be corrected, to dismiss the application for appeal on the merits by correcting the unlawfulness,

e) Where there is a ground of unlawfulness specified in Article 289 in the decision of the court of first instance, to reverse the judgment and to send the file, for re-examination and a new judgment, to the court of first instance whose judgment has been reversed or to another court of first instance within its jurisdiction that it deems appropriate,

f) Added: 17/10/2019, Law No. 7188, Art. 27 Where it is understood that a condition for investigation or prosecution has not been fulfilled, or that the prepayment and conciliation procedures have not been applied, or where the action must necessarily be conducted together with an action pending before the court of first instance, to reverse the judgment and to send the file, for re-examination and a new judgment, to the court of first instance whose judgment has been reversed or to another court of first instance within its jurisdiction that it deems appropriate,

g) In other cases, to rehear the case after taking the necessary measures and to commence the procedures for preparation of the hearing,

accordingly.

(2) Added: 18/6/2014, Law No. 6545, Art. 77 At the end of the hearing, the regional court of appeal shall dismiss the application for appeal on the merits or shall set aside the judgment of the court of first instance and render a new judgment.

(3) Added: 20/7/2017, Law No. 7035, Art. 15 Where the decisions rendered pursuant to paragraphs 1 and 2 are in favour of the defendant, and if these matters are capable of being applied also to other defendants who have not requested appeal, those defendants shall also benefit from the decisions rendered as if they had requested appeal.

(1) At the stage of preparation for the hearing, the presiding judge of the chamber of the regional court of appeal, or the member whom he assigns, shall set the hearing date in accordance with the provisions of Article 175 and shall issue the necessary summonses. Repealed second sentence: 20/7/2017, Law No. 7035, Art. 16

(2) The court shall decide on the hearing of the witnesses and experts deemed necessary and on the conduct of an on-site inspection.

(1) When the hearing is opened, the provisions of this Code concerning the preparation for the hearing, the hearing and the judgment shall apply, subject to the exceptions set out below:

a) After the hearing has commenced in accordance with the general provisions laid down in this Code, the examination report of the assigned member shall be presented.

b) The reasoned judgment of the court of first instance shall be presented.

c) Amended: 20/7/2017, Law No. 7035, Art. 17 The minutes containing the statements of the witnesses heard before the court of first instance, the on-site inspection minutes and the expert report shall be presented.

d) Added: 20/7/2017, Law No. 7035, Art. 17 The evidence and documents collected at the stage of preparation for the hearing of the regional court of appeal and, if conducted, the minutes and reports relating to the on-site inspection and the explanations of experts shall be presented.

e) The witnesses and experts whose hearing at the hearing of the regional court of appeal is deemed necessary shall be summoned.

f) Added: 17/10/2019, Law No. 7188, Art. 28 Where the defendant, defence counsel, the intervening party and his representative fail to appear at the hearing despite service of the summons, the hearing may be continued and the case may be concluded in their absence by presenting the interrogation minutes of the defendant. However, without prejudice to the provisions of Article 195, if the penalty to be imposed on the defendant is heavier than the penalty imposed by the court of first instance, the defendant must be heard in any event.

(1) If an appeal has been applied for solely in favour of the defendant, the new judgment may not impose a penalty heavier than the penalty determined by the previous judgment.

(1) No insistence on a prior decision may be made against the decisions and judgments of the regional court of appeal; no legal remedy may be pursued against them.

(2) The provisions concerning objection and appeal on points of law are reserved.

(1) Except for the provision of paragraph 4 of Article 18 of the Law No. 6706 dated 23/4/2016 on International Judicial Cooperation in Criminal Matters, an appeal shall be made against the decisions and judgments of courts of first instance concerning cases and matters that fall within the jurisdiction of the regional courts of appeal and in respect of which other laws provide that they may be appealed on points of law or that an application may be made to the Court of Cassation.

(1) Judgments of the criminal chambers of the regional courts of appeal, other than reversal decisions, may be appealed on points of law.

(2) However;

a) Decisions of the regional court of appeal dismissing on the merits the application for appeal against sentences of imprisonment of five years or less, and against judicial fines of whatever amount, imposed by courts of first instance,

b) Decisions of the regional court of appeal that do not increase sentences of imprisonment of five years or less imposed by courts of first instance,

c) Added: 20/7/2017, Law No. 7035, Art. 20 All kinds of decisions concerning alternative sanctions, and decisions dismissing the application for appeal on the merits, rendered by the regional court of appeal in relation to decisions of the court of first instance concerning alternative sanctions converted from imprisonment,

d) Annulled by Constitutional Court decision of 27/12/2018, E. 2018/71, K. 2018/118; Re-enacted: 20/2/2019, Law No. 7165, Art. 7 Except for convictions rendered for the first time by the regional court of appeal that fall outside the scope of paragraph 3 of Article 272, all kinds of decisions of the regional court of appeal concerning offences falling within the jurisdiction of courts of first instance and punishable by law with imprisonment with an upper limit of up to two years (two years included), and judicial fines connected thereto,

e) All kinds of decisions of the regional court of appeal concerning judgments rendered by courts of first instance for offences punishable by a judicial fine,

f) Amended: 18/6/2014, Law No. 6545, Art. 78 Decisions dismissing on the merits the application for appeal in relation to decisions of the court of first instance concerning solely the confiscation of property or proceeds, or that there is no need for such confiscation,

g) Decisions dismissing on the merits the application for appeal in relation to acquittal decisions rendered by the court of first instance for offences punishable by imprisonment of ten years or less or by a judicial fine,

h) Amended: 18/6/2014, Law No. 6545, Art. 78 Decisions of the same kind rendered by the regional court of appeal, or decisions dismissing the application for appeal on the merits, in relation to decisions of the court of first instance concerning the discontinuance of the action, that there is no need to impose a penalty, or security measures,

ı) Decisions of the regional court of appeal containing more than one of the penalties and decisions in the same judgment, provided that they remain within the limits set out in the subparagraphs above,

may not be appealed on points of law.

(3) Added: 17/10/2019, Law No. 7188, Art. 29 Even if they fall within the scope of the decisions that may not be appealed on points of law specified in paragraph 2, decisions of the criminal chambers of the regional courts of appeal rendered in respect of the following offences may be appealed on points of law:

a) The following offences set out in the Turkish Penal Code:

1. Insult (Article 125, paragraph 3),

2. Threat for the purpose of creating fear and panic among the public (Article 213),

3. Incitement to commit an offence (Article 214),

4. Praising an offence and an offender (Article 215),

5. Inciting the public to hatred and hostility, or degrading the public (Article 216),

6. Incitement to disobey the laws (Article 217),

7. Added: 13/10/2022, Law No. 7418, Art. 30 Publicly disseminating information misleading to the public (Article 217/A),

8. Insulting the President of the Republic (Article 299),

9. Degrading the symbols of the sovereignty of the State (Article 300),

10. Degrading the Turkish Nation, the State of the Republic of Türkiye, and the institutions and organs of the State (Article 301),

11. Armed organisation (Article 314),

12. Alienating the public from military service (Article 318),

being the offences listed above.

b) The offences set out in paragraphs 2 and 4 of Article 6 and paragraph 2 of Article 7 of the Anti-Terror Law.

c) The offences set out in paragraph 1 of Article 28, Article 31 and Article 32 of the Law on Meetings and Demonstrations.

(1) Court decisions rendered before the judgment that form the basis of the judgment, or against which no other legal remedy is provided, may also be appealed on points of law together with the judgment.

(1) An appeal on points of law may be based only on the ground that the judgment is unlawful.

(2) The non-application or incorrect application of a rule of law constitutes unlawfulness.

(1) Even if not stated in the petition or declaration of appeal on points of law, absolute unlawfulness shall be deemed to exist in the following cases:

a) The court not having been constituted in accordance with the law.

b) Participation in the judgment of a judge who is prohibited by law from exercising judicial duties.

c) Participation in the judgment of a judge against whom a request for recusal was raised on grounds of justified suspicion although that request was accepted, or participation of the judge in the judgment after that request was rejected contrary to the law.

d) The court deeming itself, contrary to the law, to have subject-matter or territorial jurisdiction to hear the case.

e) The holding of the hearing in the absence of the public prosecutor or of other persons whose presence at the hearing is mandatory by law.

f) Violation of the principle of publicity in a judgment rendered following a hearing.

g) The judgment not containing reasoning as required by Article 230.

h) The right of defence having been restricted by a court decision on matters important for the judgment.

i) The judgment being based on evidence obtained by unlawful methods.

(1) A violation of rules of law that are in favour of the defendant does not give the public prosecutor a right to have the judgment reversed to the detriment of the defendant.

(1) A request for appeal on points of law shall be made within two weeks from the date on which the judgment, together with its reasoning, is served, by submitting a petition to the court that rendered the judgment or by making a declaration to the court clerk; the declaration shall be recorded in minutes and the minutes shall be approved by the judge. The provision of Article 263 is reserved in respect of a defendant in pre-trial detention.

(2) Repealed: 2/3/2024, Law No. 7499, Art. 19

(1) In judgments rendered against the defendant in his absence, the provisions of Article 274 shall apply in relation to the request for restoration to the previous position.

(1) An application for appeal on points of law made within the time limit shall prevent the judgment from becoming final.

(2) Repealed: 2/3/2024, Law No. 7499, Art. 21

(1) The appellant must state in the application for appeal on points of law the reasons for which he requests the reversal of the judgment. Added sentence: 2/3/2024, Law No. 7499, Art. 20 The public prosecutor shall clearly state in the petition for appeal on points of law whether the request for appeal on points of law is in favour of or against the defendant.

(2) The ground for appeal on points of law may relate only to the legal aspect of the judgment.

Repealed: 2/3/2024, Law No. 7499, Art. 21

(1) If the request for appeal on points of law has been made after the expiry of the statutory time limit, or a judgment that is not subject to appeal on points of law has been appealed, or the appellant has no right to do so, the regional court of appeal or the court of first instance whose judgment is appealed shall reject the request for appeal on points of law by a decision.

(2) The appellant may, within two weeks from the service of the rejection decision on him, request the Court of Cassation to render a decision on this matter. In this case, the file shall be sent to the Court of Cassation. However, the execution of the judgment may not be postponed for this reason.

(1) A copy of the petition concerning the request for appeal on points of law that has not been rejected by the regional court of appeal that rendered the judgment pursuant to Article 296 shall be served on the opposing party. The opposing party may submit its response in writing within two weeks from the date of service.

(2) After the response has been submitted or the time limit set for it has expired, the case file shall be sent by the regional court of appeal to the Chief Public Prosecutor's Office at the Court of Cassation.

(3) The written opinion (tebliğname) prepared by the Chief Public Prosecutor's Office at the Court of Cassation shall be served by the relevant chamber on the defendant or defence counsel and on the intervening party or representatives where they have appealed the judgment on points of law or where the opinion contains views that may produce consequences to their detriment. The party concerned may respond in writing within two weeks from service.

(4) Service to be effected pursuant to paragraph 3 shall be valid when made to the last addresses of the persons concerned as determined from the case file.

(5) The provisions of Articles 262 and 263 are reserved.

(1) If the Court of Cassation establishes that the application for appeal on points of law was not made within the time limit, that the judgment is not subject to appeal on points of law, that the appellant has no right to do so, or that the petition for appeal on points of law does not contain the grounds for appeal on points of law, it shall reject the request for appeal on points of law.

(1) In judgments concerning imprisonment of ten years or more, the Court of Cassation may, if it deems appropriate, conduct its review by way of a hearing. The defendant, the intervening party, defence counsel and the representative shall be notified of the hearing date. The defendant may be present at the hearing or may have himself represented by defence counsel.

(2) If the defendant is in pre-trial detention, he may not request to attend the hearing.

(1) Before the hearing, the report prepared by the assigned member or by the rapporteur judge shall be explained to the members. The members shall also personally examine the file. After these steps have been completed, the hearing shall be opened.

(2) At the hearing, the Chief Public Prosecutor of the Court of Cassation, or the public prosecutor of the Court of Cassation whom he assigns in his place, the defendant, defence counsel, the intervening party and the representative shall present their claims and defences. The party that requested the appeal on points of law shall be given the floor first. In any event, the defendant shall have the last word.

(1) The Court of Cassation shall examine only the matters stated in the application for appeal on points of law and, where the request for appeal on points of law arises from procedural deficiencies, the facts stated in the application in that regard.

(1) Where the Court of Cassation finds the appealed judgment of the regional court of appeal to be lawful, it shall decide to dismiss the request for appeal on points of law on the merits.

(2) The Court of Cassation shall reverse the appealed judgment on account of instances of unlawfulness that are stated in the application for appeal on points of law and are capable of affecting the judgment. The grounds for reversal shall be stated separately in the written judgment (ilâm).

(3) Where the judgment is reversed on the grounds stated in the petition for appeal on points of law, all other instances of unlawfulness established shall also be stated in the written judgment, even if they were not explained in the petition.

(4) If the unlawfulness causing the reversal of the judgment arises from proceedings established as the basis of that judgment, those proceedings shall also be reversed at the same time.

(5) The provisions of Article 289 are reserved.

(1) Where the judgment has been reversed on account of an unlawfulness in the application of the law to the facts established as the basis of the judgment, the Court of Cassation may, in the following cases, rule on the merits of the case and may also correct the unlawfulness in the judgment:

a) If, without any need for further clarification of the facts, an acquittal, a dismissal of the case, or a fixed penalty having no minimum and maximum limit must be ordered.

b) If, in conformity with the submission of the Chief Public Prosecutor's Office of the Court of Cassation, it deems it appropriate to apply to the accused the lowest degree of the penalty prescribed by law.

c) If, although the elements, nature and penalty of the offence found proven by the court have been correctly indicated in the judgment, only the article number of the law has been written incorrectly.

d) If a law that entered into force after the judgment has reduced the penalty for the offence and the court has not accepted a ground for increase in determining the penalty to be imposed on the accused, or if the act has ceased to be an offence by virtue of a new law, and consequently, in the first case, a lesser penalty must be imposed and, in the second case, no penalty at all must be imposed.

e) If, in determining the penalty to be imposed according to the clearly established dates of birth of the accused and of the offence, the necessary reduction has not been made or an incorrect reduction has been made.

f) If a material error has been made in determining the duration or amount of the penalty to be imposed as a result of an increase or reduction.

g) If an insufficient or excessive penalty has been imposed owing to failure to observe the order set out in Article 61 of the Turkish Penal Code.

h) If there is a contravention of the Law on Fees (Harçlar Kanunu), of the provisions relating to costs of proceedings, or of the fee schedule issued under the Attorneyship Law.

(1) Amended: 20/2/2019, Law No. 7165, Art. 8 The file relating to decisions rendered by the Court of Cassation under paragraph 1 of Article 302 or under Article 303 shall be delivered to the Chief Public Prosecutor's Office of the Court of Cassation in order to be sent to the court of first instance, and a copy of the decision in order to be sent to the regional court of appeal.

(2) In cases other than those specified in Article 303, the Court of Cassation shall send the file, for re-examination and a new judgment, to the regional court of appeal whose judgment has been reversed or to another regional court of appeal. Added sentences: 20/2/2019, Law No. 7165, Art. 8 However, where the reversal decision

a) relates to a decision dismissing the appeal (istinaf) on the merits, the file shall be sent, for the necessary action, to the court of first instance that rendered the decision;

b) relates to a decision dismissing the appeal (istinaf) on the merits with correction of the unlawfulness, the file shall be sent, for the necessary action, to the court of first instance that rendered the decision or, if the Court of Cassation deems it appropriate in line with the content of the reversal decision, to the regional court of appeal.

In cases where the file is sent to the court of first instance, a copy of the decision shall also be sent to the regional court of appeal.

(3) If the judgment has been reversed because the court unlawfully deemed itself to have subject-matter jurisdiction or territorial jurisdiction, the Court of Cassation shall at the same time send the file to the court having subject-matter or territorial jurisdiction.

(4) The file relating to a decision rendered in respect of judgments of a court of first instance against which a direct appeal on points of law is available shall be delivered to the Chief Public Prosecutor's Office of the Court of Cassation in order to be sent to the court of first instance that rendered the judgment.

(1) The judgment shall be pronounced in accordance with Article 231. Where this is not possible, the decision shall be rendered within seven days from the end of the hearing.

(1) Where the judgment has been reversed in favour of an accused and these matters are also capable of being applied to other accused persons who have not filed an appeal on points of law, those accused persons shall also benefit from the reversal of the judgment as if they had filed an appeal on points of law.

(1) Upon a reversal decision rendered by the Court of Cassation, the regional court of appeal or the court of first instance that is to rehear the case shall ask the persons concerned what they have to say against the reversal.

(2) Even if the statements of the accused, defence counsel, the intervening party and its attorney against the reversal have not been established because the summons could not be served at their addresses existing in the file or because they did not appear at the hearing despite service of the summons, the hearing may be continued and the case may be concluded in their absence. However, if the penalty to be imposed on the accused is heavier than the penalty that was the subject of the reversal, the accused must in any event be heard.

(3) Added: 20/2/2019, Law No. 7165, Art. 9 Where the reversal decision rendered by the Court of Cassation is complied with, only an appeal on points of law may be lodged against the decision rendered by the court of first instance, irrespective of the thresholds for appeal (istinaf) or appeal on points of law.

(4) The regional court of appeal or the court of first instance has the right to insist on its decision against a reversal decision rendered by the Court of Cassation. Amended second sentence: 24/11/2016, Law No. 6763, Art. 36 Decisions of insistence shall be sent to the chamber whose decision is resisted. Added two sentences: 24/11/2016, Law No. 6763, Art. 36 The chamber shall examine the decision of insistence as soon as possible and, if it finds it justified, shall correct its decision; if it does not, it shall send the file to the Criminal General Assembly of the Court of Cassation. No insistence may be made against decisions rendered by the Criminal General Assembly of the Court of Cassation upon insistence.

(5) If the judgment has been appealed on points of law only by the accused, or in the accused's favour by the public prosecutor or by the persons indicated in Article 262, the new judgment may not be heavier than the penalty determined by the previous judgment.

(1) Amended: 16/7/2026, Law No. 7589, Art. 17 The Chief Public Prosecutor of the Court of Cassation may, ex officio or upon request, object to the Criminal General Assembly against all decisions of the criminal chambers of the Court of Cassation, except decisions designating the competent court and decisions of lack of jurisdiction, within three months from the date on which the file was delivered to him or her. No time limit applies to an objection in favour of the accused.

(2) Added: 2/7/2012, Law No. 6352, Art. 99 Upon the objection, the file shall be sent to the chamber whose decision is objected to.

(3) Added: 2/7/2012, Law No. 6352, Art. 99 The chamber shall examine the objection as soon as possible and, if it finds it justified, shall correct its decision; if it does not, it shall send the file to the Criminal General Assembly of the Court of Cassation.

(4) Added: 16/7/2026, Law No. 7589, Art. 17 The request shall be made by the accused or by those entitled to seek a legal remedy on behalf of the accused, as well as by the intervening party, by a person whose request to intervene has not been decided, or by a person who has been harmed by the offence in such a way as to be able to acquire the status of intervening party.

Added: 20/7/2017, Law No. 7035, Art. 23

(1) Amended sentence: 28/3/2023, Law No. 7445, Art. 22 The chief public prosecutor's office of the regional court of appeal may, ex officio or upon request, object to the chamber that rendered the decision against final decisions of the criminal chambers of the regional court of appeal, within one month from the date on which the decision was delivered to it. No time limit applies to an objection in favour of the accused. Added sentences: 28/3/2023, Law No. 7445, Art. 22 For an objection to be made against the accused, there must be a fundamental error capable of affecting the decision, and such objection shall be served by the chamber on the accused or defence counsel. Service shall be valid when made to the last addresses of the persons concerned as determined from the case file. The persons concerned may reply in writing within two weeks from service. Amended sentences: 17/10/2019, Law No. 7188, Art. 30 The chamber shall examine the objection as soon as possible and, if it finds it justified, shall correct its decision; if it does not, it shall send the file to the board of presidents of the criminal chambers for examination of the objection. In respect of an objection sent to the board, a report shall be prepared, for submission to the board, by the president of the chamber whose decision is objected to or by a member designated by him or her. Added sentences: 17/10/2019, Law No. 7188, Art. 30 Decisions of the board accepting the objection shall be sent to the relevant chamber for the necessary action. Decisions rendered by the board are final. In regional courts of appeal having more than four criminal chambers, this examination shall be carried out by a board of presidents composed of four members designated by the Council of Judges and Prosecutors from among the presidents of chambers. The procedures and principles governing the work of the board of presidents in relation to this Article shall be determined by the Council of Judges and Prosecutors.

(1) The Ministry of Justice, upon learning that there is an unlawfulness in a decision or judgment rendered by a judge or court that has become final without undergoing examination on appeal (istinaf) or on points of law, shall notify the Chief Public Prosecutor's Office of the Court of Cassation in writing of the request for reversal of that decision or judgment by the Court of Cassation, stating the legal grounds.

(2) The Chief Public Prosecutor of the Court of Cassation shall submit to the relevant criminal chamber of the Court of Cassation a written submission containing the request for reversal of the decision or judgment, setting out these grounds verbatim.

(3) If the criminal chamber of the Court of Cassation finds the grounds put forward justified, it shall reverse the decision or judgment in the interest of the law.

(4) If the grounds for reversal:

a) relate to a decision defined in Article 223 that does not resolve the merits of the case, the judge or court that rendered the decision shall render a new decision following the necessary examination and investigation;

b) relate to an aspect of a conviction judgment that does not resolve the merits of the case, or to procedural acts having the effect of removing or restricting the right of defence, the judge or court that rendered the decision shall render the appropriate judgment according to the outcome of the proceedings to be conducted anew. This judgment may not be heavier than the penalty determined by the previous judgment;

c) relate to judgments, other than a conviction, that resolve the merits of the case, the reversal shall not produce an adverse result and shall not require a retrial;

d) require the removal of the convict's penalty, the criminal chamber of the Court of Cassation shall directly order the removal of the penalty, and if they require the imposition of a lighter penalty, it shall directly impose that lighter penalty.

(5) No insistence may be made against a reversal decision rendered under this Article.

(1) The power specified in Article 309 may also be exercised ex officio by the Chief Public Prosecutor of the Court of Cassation in the interest of the law, limited to the cases set out in subparagraph (d) of paragraph 4 of the same Article.

(2) Where application has been made by the Ministry of Justice under Article 309, this power may no longer be exercised by the Chief Public Prosecutor of the Court of Cassation.

(1) A case that has been concluded by a final judgment shall be heard again by way of reopening of the proceedings in favour of the convict in the following cases:

a) If it is found that a document used at the hearing and affecting the judgment was forged.

b) If it is found that a witness or expert heard under oath gave false testimony or opinion against the convict, intentionally or negligently, in a manner affecting the judgment.

c) If one of the judges who participated in the judgment committed a fault in the performance of his or her duties, other than a fault caused by the convict, of such a nature as to warrant criminal prosecution or conviction with a penalty against that judge.

d) If the criminal judgment was based on a judgment of a civil court and that judgment has been set aside by another judgment that has become final.

e) If new facts or new evidence are put forward which, considered alone or together with the evidence previously submitted, are of such a nature as to warrant the acquittal of the accused or his or her conviction under a provision of law providing for a lighter penalty.

f) If it has been established by a final judgment of the European Court of Human Rights that the criminal judgment was rendered in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms or its additional protocols and that the judgment was based on that violation, or if a decision to strike out has been rendered as a result of a friendly settlement or a unilateral declaration concerning an application lodged with the European Court of Human Rights against the criminal judgment. In this case, reopening of the proceedings may be requested within one year from the date on which the judgment of the European Court of Human Rights becomes final.

(2) The provisions of subparagraph (f) of paragraph 1 shall apply to final judgments of the European Court of Human Rights as of 4.2.2003 and to judgments to be rendered on applications lodged with the European Court of Human Rights after 4.2.2003.

(1) A request for reopening of the proceedings shall not suspend the execution of the judgment. However, the court may decide to defer or stay the execution.

(1) The fact that the judgment has been executed or that the convict has died shall not preclude a request for reopening of the proceedings.

(2) The spouse, ascendants, descendants and siblings of the deceased may request reopening of the proceedings.

(3) In the absence of the persons listed in paragraph 2, the Minister of Justice may also request reopening of the proceedings.

(1) A case that has been concluded by a final judgment shall be heard again by way of reopening of the proceedings against the accused or the convict in the following cases:

a) If it is found that a document put forward at the hearing in favour of the accused or the convict and affecting the judgment was forged.

b) If one of the judges who participated in the judgment committed a fault in favour of the accused or the convict in the performance of his or her duties, of such a nature as to warrant criminal prosecution or conviction with a penalty against that judge.

c) If, after being acquitted, the accused has made a credible confession before a judge in relation to the offence.

(1) Reopening of the proceedings may not be accepted for the purpose of altering the penalty within the limits provided in the same article of the law.

(2) If there is another remedy capable of correcting the error, recourse may not be had to reopening of the proceedings.

(1) A request for reopening based on an allegation of an offence may be accepted only if a final conviction judgment has been rendered for that act, or if a criminal investigation could not be initiated or continued for a reason other than the absence of strong evidence of a nature warranting conviction. This Article shall not apply in the case set out in subparagraph (e) of paragraph 1 of Article 311.

(1) The general provisions on recourse to legal remedies shall also apply to a request for reopening of the proceedings.

(2) A request for reopening of the proceedings shall contain its legal grounds and the evidence on which it is based.

(1) A request for reopening of the proceedings shall be submitted to the court that rendered the judgment. That court shall decide whether the request is admissible.

(2) In cases where the Court of Cassation has directly rendered judgment under Article 303, application shall also be made to the court that rendered the judgment.

(3) The decision on whether a request for reopening of the proceedings is admissible shall be rendered without a hearing.

(1) If a request for reopening of the proceedings has not been made in the form prescribed by law, or no legal ground warranting reopening of the proceedings has been indicated, or the evidence supporting it has not been set out, the request shall be rejected as inadmissible.

(2) Otherwise, the request for reopening of the proceedings shall be served on the public prosecutor and the party concerned so that they may submit within two weeks any observations they may have.

(3) Decisions rendered under this Article may be objected to.

(1) If the court finds the request for reopening of the proceedings justified, it may assign a delegated judge or a court acting under letters rogatory to collect the evidence, or it may carry out these matters itself.

(2) The provisions relating to the investigation shall apply during the collection of evidence by the court, by the delegated judge or by way of letters rogatory.

(3) After the collection of evidence has been completed, the public prosecutor and the person against whom the judgment was rendered shall be requested to submit their opinions and observations within a period of two weeks.

(1) If the allegations put forward in the request for reopening of the proceedings are not sufficiently substantiated, or if, in the cases set out in subparagraphs (a) and (b) of paragraph 1 of Article 311 and subparagraph (a) of paragraph 1 of Article 314, it is understood according to the circumstances of the matter that they had no effect whatsoever on the judgment previously rendered, the request for reopening of the proceedings shall be rejected as unfounded without a hearing.

(2) Otherwise, the court shall decide on the reopening of the proceedings and the opening of the hearing.

(3) Decisions rendered under this Article may be challenged by way of objection.

(1) If the convict has died, the court shall, without holding a new hearing and after collecting the necessary evidence, decide on the acquittal of the convict or the rejection of the request for reopening of the proceedings.

(2) In other cases as well, if there is sufficient evidence on this matter, the court shall, after obtaining the concurring opinion of the public prosecutor, immediately decide on the acquittal of the convict without holding a hearing.

(3) Together with the acquittal decision, the court shall also order the setting aside of the previous judgment.

(4) If the person who requested reopening of the proceedings so wishes, the decision on the annulment of the previous judgment shall be published in the Official Gazette, the cost being borne by the State Treasury, and may also be published in other newspapers at the discretion of the court.

(1) As a result of the new hearing, the court shall either uphold the previous judgment or annul the judgment and render a new judgment on the case.

(2) If the request for reopening of the proceedings was made in favour of the convict, the new judgment may not contain a penalty heavier than the penalty determined by the previous judgment.

(3) Where, as a result of reopening of the proceedings, an acquittal or a decision that there is no need to impose a penalty is rendered, the pecuniary and non-pecuniary damage suffered by the person owing to the full or partial execution of the previous conviction decision shall be compensated in accordance with the provisions of Articles 141 to 144 of this Code.

(1) Fees (harç), attorneys' fees payable according to the schedule, all kinds of expenditure made from the State Treasury for the purpose of conducting the proceedings during the investigation and prosecution stages, and payments made by the parties constitute costs of proceedings.

(2) The judgment and decision shall indicate on whom the costs of proceedings are to be imposed.

(3) The amount of costs and the amount of money that one party must pay to the other shall be determined by the presiding judge of the court or by the judge.

(4) Decisions relating to costs of proceedings payable to the State shall be enforced in accordance with the provisions of the Law on Fees (Harçlar Kanunu), and decisions relating to personal rights shall be enforced in accordance with the provisions of the Enforcement and Bankruptcy Law No. 2004 dated 9.6.1932. Added sentence: 2/7/2012, Law No. 6352, Art. 100 Where the costs of proceedings payable to the State are less than the amounts that must be written off under Article 106 of the Law No. 6183 dated 21/7/1953 on the Procedure for the Collection of Public Receivables, it shall be decided that these costs be borne by the State Treasury.

(5) The expenses of an interpreter assigned for a suspect, accused, victim or witness who does not know Turkish or who has a disability shall not be deemed costs of proceedings, and such expenses shall be covered by the State Treasury.

(1) In the event of conviction to a penalty or a security measure, all costs of proceedings shall be imposed on the accused.

(2) Amended: 6/12/2006, Law No. 5560, Art. 27 The provision of paragraph 1 shall also apply in cases of deferral of the pronouncement of the judgment and suspension of the penalty.

(3) Where costs have arisen owing to inquiries or acts carried out at various stages of the proceedings and the outcome has turned out in favour of the accused, the court, if it finds that imposing these costs on the accused would be contrary to equity, shall decide that they be borne in part or in whole by the State Treasury.

(4) If the accused dies before the judgment becomes final, the heirs shall not be held liable to pay the costs.

(1) A person who has been prosecuted for more than one offence and convicted of some of them shall not be liable to pay the costs required by the hearing of the offences of which he or she was acquitted.

(2) Persons convicted of an offence committed jointly shall each bear separately the costs of proceedings that they caused.

(1) A person in respect of whom a decision of acquittal or a decision that there is no need to impose a penalty has been rendered shall be ordered to pay only the costs arising from his or her own fault.

(2) The costs that this person was previously compelled to pay shall be assumed by the State Treasury.

(1) In cases of mutual insult, the rendering of a decision that there is no need to impose a penalty in respect of one or both of the parties shall not preclude one or both of them from being ordered to bear the costs.

(1) A person who is proven to have fabricated an offence and made a false accusation shall be ordered to pay the costs incurred on that account.

(1) The party who applies for any of the legal remedies shall pay the costs arising from the withdrawal of that application or from the rejection of the application. Where it is the public prosecutor who applies for legal remedies, the costs that the accused would be obliged to pay shall be charged to the State Treasury.

(2) If the request of the party applying for a legal remedy is partially accepted, the court shall apportion the costs in the manner it deems appropriate.

(3) The same provision shall also apply to costs arising from a request for the reopening of proceedings concerning a hearing that concluded with a final judgment.

(4) Costs arising from a request for restoration of the status quo ante shall be charged to the party who submitted that request, unless they arose from unfounded opposition by the opposing party.

(1) Amended: 8/8/2011, Decree-Law No. 650, Art. 27; Annulled by Constitutional Court decision of 18/7/2012, E. 2011/113, K. 2012/108; Re-enacted: 27/6/2013, Law No. 6494, Art. 25 Authorities and courts dealing with criminal matters shall, the judicial year commencing on the first of September each year, suspend work from the twentieth of July until the thirty-first of August.

(2) The manner in which investigations, prosecutions relating to detained persons and other matters deemed urgent are to be carried out during the vacation period shall be determined by the High Council of Judges and Prosecutors.

(3) During the vacation, the regional courts of appeal and the Court of Cassation shall review only matters relating to judgments concerning detained persons or matters heard pursuant to the Law on the Procedure for the Trial of Flagrant Offences.

(4) Time limits falling within the judicial vacation shall not run. Such time limits shall be deemed extended by three days from the day on which the vacation ends.

(1) During the investigation and prosecution of offences, it is mandatory to respond within ten days to information requested in writing by the public prosecutor, the judge or the court. If it is impossible to provide the requested information within this period, the reason therefor and the latest date by which a response can be given shall be notified within the same period.

(2) The letter requesting information shall state the provision of the preceding paragraph and that acting contrary thereto may constitute a violation of Article 257 of the Turkish Penal Code. In such case, an investigation shall be conducted directly, without prejudice to legislative immunity, in respect of persons against whom the filing of a public action is subject to obtaining permission or a decision.

(1) Regulations provided for in this Code shall, unless otherwise provided, be issued by the Ministry of Justice upon obtaining the opinion of the relevant ministries.

Added: 3/5/2016, Law No. 6713, Art. 10

(1) Investigations into allegations against law enforcement officers relating to the offences of killing, intentional injury, torture, exceeding the limits of the authority to use force and establishing an organisation for the purpose of committing offences, as well as offences committed within the framework of the activities of an organisation, shall be conducted by public prosecutors personally and with priority. Actions brought against law enforcement officers on account of these offences shall be deemed urgent matters. Review of such actions through legal remedies shall also be carried out with priority.

Added: 24/1/2013, Law No. 6411, Art. 2

(1) The regulation provided for in paragraph 5 of Article 202 of this Code shall be issued by the Ministry of Justice within one month from the date of entry into force of the Law introducing this Article. Until lists of interpreters are established pursuant to this regulation, the interpretation services regulated in paragraph 4 of Article 202 of this Code shall be provided by an interpreter brought by the accused himself or herself.

Added: 11/4/2013, Law No. 6459, Art. 21

(1) The provision of paragraph 2 of Article 311 of this Code shall not apply with respect to those final judgments of the European Court of Human Rights finding that a criminal judgment was rendered in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms or its additional protocols which, as of 15.6.2012, were under supervision before the Committee of Ministers of the Council of Europe. Persons in this situation may request the reopening of proceedings within three months from the date of entry into force of this Article.

Added: 15/8/2017, Decree-Law No. 694, Art. 149; Adopted without amendment: 1/2/2018, Law No. 7078, Art. 144

In actions brought against members of parliament before the date of entry into force of this Article, no decision of lack of territorial jurisdiction or lack of subject-matter jurisdiction may be rendered pursuant to the ninth paragraph added to Article 161 of this Code by the Decree-Law introducing this Article; these actions shall continue to be heard by those courts until they are concluded by a final judgment. Likewise, in investigations initiated against members of parliament before the date of entry into force of this Article, no decision of lack of jurisdiction may be rendered pursuant to the ninth paragraph added to Article 161 of this Code by the Decree-Law introducing this Article.

Added: 20/2/2019, Law No. 7165, Art. 10

(1) The amendment made to paragraph 2 of Article 304 by the Law introducing this Article shall apply to reversal decisions rendered by the Court of Cassation after the date of entry into force of this Article.

Added: 17/10/2019, Law No. 7188, Art. 31

(1) With regard to the Law introducing this Article:

a) The amendment made to Article 102 shall apply three months after the date of publication of this Article.

b) The centres required to be established pursuant to the amendment made to paragraphs 4 and 5 of Article 236 shall be put into operation by 1/9/2020 at the latest. Until that date, the existing practice shall continue.

c) The provisions on the summary proceedings procedure regulated in Article 250 and on the simplified trial procedure regulated in Articles 251 and 252 shall apply as of 1/1/2020.

d) The summary proceedings procedure and the simplified trial procedure shall not apply to files in which, as of 1/1/2020, the prosecution phase has been reached, a judgment has been rendered or the judgment has become final.

e) As of the date of entry into force of this Article, the provisions on the suspension of the filing of a public action shall not apply to files in which the prosecution phase has been reached.

f) The amendment made to paragraph 3 of Article 286 shall also apply to final decisions rendered by regional courts of appeal in relation to the same offences, provided that a request is made within fifteen days from the date of publication of this Article. Where this subparagraph is applied, the question of whether the detention of convicts whose sentences are being executed shall continue pursuant to Article 100 shall be assessed by the court of first instance that rendered the judgment.

g) The procedure introduced by the amendment made to Article 308/A for the examination of objections filed by the chief public prosecutor's office at the regional court of appeal shall not apply to objections that were filed and rejected before the date of publication of this Article.

h) The provisions relating to psychologists, pedagogues and social workers serving in family courts, juvenile courts and juvenile assize courts shall apply six months after the date of publication of this Article.

Added: 2/3/2024, Law No. 7499, Art. 22

(1) The following provisions shall apply with respect to the amendments made to this Code by the Law introducing this Article:

a) The amendment made to paragraph 1 of Article 41 concerning the institution of restoration of the status quo ante shall apply with respect to impediments removed on or after 1/6/2024. With respect to impediments removed before that date, the provisions in force prior to the amendment made by the Law introducing this Article shall continue to apply.

b) The amendment made to paragraph 1 of Article 173 concerning the time limit for objecting to a decision of non-prosecution shall apply to decisions rendered on or after 1/6/2024. With respect to decisions rendered before that date, the provisions in force prior to the amendment made by the Law introducing this Article shall continue to apply.

c) The amendments made to Articles 268, 273, 276, 277, 291, 294, 296, 297, 308, 308/A, 319 and 320 concerning the form of and time limits for applying for legal remedies, the commencement of those time limits from service, and the time limits for response shall apply to decisions rendered on or after 1/6/2024. With respect to decisions rendered before that date, the provisions in force prior to the amendments made by the Law introducing this Article and the repealed provisions shall continue to apply.

d) The amendments made to Articles 291, 296 and 297 concerning the time limit for appeal on points of law, the commencement of that time limit from service of the decision, and the time limit for response shall also apply to decisions that fall within the scope of paragraph 1 of Article 8 of the Law No. 5320 of 23/3/2005 on the Entry into Force and Mode of Application of the Code of Criminal Procedure and that are rendered on or after 1/6/2024.

e) The provisions of paragraph 2 of Article 275, paragraph 2 of Article 293 and Article 295, which were repealed by the Law introducing this Article, shall continue to apply with respect to decisions rendered before 1/6/2024.

(2) a) The amendments concerning legal remedies made to paragraphs 11 and 12 of Article 231 by the Law introducing this Article shall apply to decisions on deferral of the pronouncement of the judgment rendered on or after 1/6/2024.

b) With respect to decisions on deferral of the pronouncement of the judgment rendered before 1/6/2024, the legal remedy of objection shall continue to apply. Such objections shall be concluded in accordance with the provisions in force prior to the amendment made to paragraph 12 of Article 231 by the Law introducing this Article.

c) Where, in relation to decisions on deferral of the pronouncement of the judgment rendered before 1/6/2024, the judgment is pronounced or re-established pursuant to paragraph 11 of Article 231, the provisions on legal remedies in force prior to the amendment made to paragraph 11 of Article 231 by the Law introducing this Article shall apply.

d) With respect to decisions on deferral of the pronouncement of the judgment rendered before 1/6/2024, the requirement of the accused's consent shall continue to apply.

(3) The amendments made to Article 141 by the Law introducing this Article shall apply with respect to decisions or judgments that become final after 1/6/2024.

(4) The amendments made to Article 142 by the Law introducing this Article shall apply with respect to claims made on or after 1/6/2024. Claims made before that date shall continue to be heard by the judicial authorities, until they become final, in accordance with the provisions in force prior to the amendment made to Article 142 by the Law introducing this Article. The provisions of this paragraph and the amendments made to Article 142 by the Law introducing this Article shall also apply by analogy to claims made or to be made under the repealed Law No. 466 of 7/5/1964 on Compensation for Persons Unlawfully Arrested or Detained.

Added: 7/11/2024, Law No. 7531, Art. 18

(1) The amendment made to paragraph 2 of Article 73 of Law No. 5237 by the Law introducing this Article shall not apply with respect to files in which, as of the date of entry into force of this Article, the investigation or prosecution phase has been reached.

(2) Annulled by Constitutional Court decision of 27/3/2025, E. 2024/197, K. 2025/86

(3) The amendment made to paragraph 24 of Article 253 by the Law introducing this Article shall not apply to persons who passed the written conciliator examinations held before the date of entry into force of this Article. Such persons may be entered in the conciliator registry and lists, provided that they meet the other conditions.

(4) The amendment made to paragraph 2 of Article 254 by the Law introducing this Article shall not apply with respect to files in which, as of the date of entry into force of this Article, a decision on deferral of the pronouncement of the judgment has been rendered pursuant to paragraph 2 of Article 254. Such files shall be concluded in accordance with the provisions of paragraph 2 of Article 254 as in force prior to the amendment.

Added: 24/12/2025, Law No. 7571, Art. 26

(1) The amendment made to paragraph 3 of Article 253 and the amendment made to paragraph 6 of Article 75 of Law No. 5237 by the Law introducing this Article shall not apply with respect to files that are at the investigation or prosecution phase and in which conciliation has been achieved as of the date of entry into force of this Article. Such files shall be concluded in accordance with the provisions of paragraph 3 of Article 253 as in force prior to the amendment.

(1) This Code shall enter into force on 1 June 2005.

(1) The provisions of this Code shall be executed by the Council of Ministers.