"Criminal Investigation vs Prosecution in Türkiye: The Stages"

What are the stages of a criminal case in Türkiye?

At the highest level, a Turkish criminal case has two main phases: the investigation (soruşturma), run by the public prosecutor, and — only if the case proceeds — the prosecution (kovuşturma), which is the court phase that includes the trial. Between them sits a single pivotal decision: whether to charge you at all. After a first-instance judgment, there are appeal routes for review.

Put simply, the path runs: investigation → a decision to prosecute or not → trial → judgment → appeal. The whole framework sits under the Code of Criminal Procedure (CMK, Law No. 5271), with offences defined in the Turkish Penal Code (TCK, Law No. 5237).

Two points are worth holding onto from the start. First, being investigated is not the same as being charged, and being charged is not the same as being convicted — these are separate steps, and many cases stop before the end. Second, your defence is not something that begins on the day of trial. The earliest moves, during the investigation, are often the ones that shape everything after.

What is the investigation stage (soruşturma)?

The investigation (soruşturma) is the fact-gathering phase, led by the public prosecutor (Cumhuriyet savcısı) with the police acting under the prosecutor's direction. It usually begins with a complaint, a report, or the police becoming aware of a suspected offence, and its purpose is to work out whether there is enough to justify bringing a case to court.

During this phase you are a suspect (şüpheli) — not a defendant, and not someone a court has judged. The prosecutor may gather evidence, take statements, and request measures from a judge where the law requires judicial approval. Familiar events from this stage include police custody (gözaltı), giving a statement (ifade), searches, and — where a judge orders it — measures such as judicial control (adli kontrol) or arrest and remand (tutuklama). Our guide on your rights in police custody covers the custody stage in detail, because that is often where a foreigner's contact with the process begins.

The investigation is generally confidential, which can be frustrating: you may not immediately see the whole file. But confidentiality is not the same as powerlessness — a lawyer can act on your behalf from the outset.

Where does the defence act during the investigation?

Right here — and this is the stage people most often underestimate. Even before any charge exists, your defence can shape the record the prosecutor is building. In general terms, during the investigation a lawyer can:

• Advise you before any statement (ifade), and attend so you are not questioned alone.
• Protect your right to silence, which cannot be treated as proof of guilt.
• Make submissions to the prosecutor — pointing to exculpatory evidence, context, or gaps.
• Request that specific evidence be collected while it can still be gathered.
• Challenge or seek to lift measures such as detention or a travel restriction, where there are grounds.

The reason early action matters is simple: it is far better to influence whether a case is brought than to fight one that has already reached court. Decisions taken quietly during the investigation can determine whether there is ever a trial at all.

How does the prosecutor decide whether to charge you?

At the end of the investigation, the prosecutor reaches a fork with two outcomes. If the evidence is not sufficient, or there is no basis to proceed, the prosecutor issues a decision not to prosecute — kovuşturmaya yer olmadığı kararı (often shortened to KYOK). That closes the investigation without a court case.

If the prosecutor considers there is enough to proceed, they prepare an indictment (iddianame) — the formal charging document that sets out the alleged offence and the evidence. The indictment is submitted to the court, which reviews and either accepts it (opening the court phase) or returns it. Once an indictment is accepted, you move from being a suspect to a defendant (sanık), and the case crosses from investigation into prosecution.

A decision not to prosecute is generally open to objection by a complainant, and in some situations an investigation can be reopened — so "no case" is not always permanent. The exact routes and time limits depend on the situation and should be confirmed for your file rather than assumed. This is one of many points where the wording on your documents matters more than any general rule.

What is the prosecution stage (kovuşturma) and the trial?

Kovuşturma is the court phase — everything that happens once an indictment has been accepted. It is heard before a criminal court, and the level of court depends on the seriousness of the alleged offence. This is the stage most people picture when they think of a "criminal case": hearings, evidence, witnesses, and ultimately a judgment.

In broad terms, the trial phase involves the reading of the charges, the taking and testing of evidence and witness testimony, the defendant's own account (which you are never obliged to give in a way that incriminates you), and closing submissions before the court delivers its judgment (karar). Throughout, the burden is on the prosecution — you do not have to prove your innocence.

Your defence at trial is active, not passive. A lawyer can cross-examine witnesses, object to unlawfully obtained evidence, present evidence and call witnesses for the defence, argue points of law, and make the case for acquittal or for the least severe lawful outcome. We do not promise a result — no honest lawyer can — but we act to protect your rights and to test the prosecution's case at every point the law allows.

What rights do you have throughout the process?

Your core protections run through every stage — investigation and trial alike. In general terms, a person facing a criminal process in Türkiye has the right:

• To remain silent — you never have to incriminate yourself, and silence is not evidence of guilt.
• To a lawyer — including before giving any statement, and throughout the case.
• To an interpreter if you do not understand Turkish, so you can follow and take part.
• To be informed of the accusation against you.
• To see and challenge the evidence once the case is before the court.
• To be presumed innocent until a final judgment says otherwise.

These rights are not favours granted case by case — they are the framework the process is supposed to run on, and a lawyer's job is partly to make sure it does. The two to use earliest are, once again, silence and counsel.

Can a conviction be appealed?

Yes — a first-instance judgment is not the last word. Türkiye has a two-tier appeal structure. The first route is to the regional courts of appeal (istinaf), which can review both the facts and the law and can re-examine the case. Beyond that, in the situations the law provides for, there is a further route to the Court of Cassation (Yargıtay) on points of law — temyiz.

Appeals run on strict deadlines that start from the judgment, and whether a particular route is available depends on the type of case and outcome. Because these limits are short and unforgiving, the safest step after any adverse judgment is to get advice immediately rather than wait — the exact deadline should be confirmed against your own paperwork with a lawyer, promptly.

The point to take away is reassuring: the stages that can go against you are the same stages that build in review. A judgment can be tested, and the routes to do so exist by design.