Robbed at Istanbul Airport: Reporting Theft and Victim Rights

1. Where a Theft Can Be Reported: CMK Article 158

The starting point for a victim is the complaint (şikâyet). The Code of Criminal Procedure sets out where it can be made.

CMK Article 158(1). A report (ihbar) or complaint (şikâyet) about an offence may be made to the chief public prosecutor's office (Cumhuriyet Başsavcılığı) or to the law enforcement authorities (kolluk).

CMK Article 158(2). A report or complaint made to a governorship, a district governorship or a court is sent to the relevant chief public prosecutor's office.

CMK Article 158(5). A report or complaint may be made in writing, or orally to be recorded in a written record (tutanak).

Two practical points follow from this text. First, a traveller does not need to write a formal Turkish petition to report a theft: an oral complaint is enough if it is recorded. Second, the complaint should be concrete. Article 158(6) provides that where the complaint is abstract and general in nature, a decision that there is no need for an investigation is given; that decision is notified to the complainant and can be objected to under the procedure in Article 173. A complaint that says what was taken, when and where the traveller last had it, and what they noticed, gives the prosecutor something to investigate.

A useful detail for a foreign traveller is the address and contact details given in the complaint. The Code links several later steps, including conciliation (Section 7), to whether the victim can be reached at the address declared to the authorities and in the file.

2. Which Offence? TCK Article 141 and Article 142

A complaint about a stolen wallet or phone is a complaint about theft (hırsızlık). The Penal Code has a basic form and aggravated forms, and the penalty ranges differ.

TCK Article 141(1) — theft. A person who, without the consent of the possessor, takes movable property belonging to another from the place where it is, in order to obtain a benefit for themselves or another, is punished with imprisonment of one to three years.

TCK Article 142(1)(c) — theft in public transport places. Where theft is committed in respect of property inside a means of transport open to the use of the public, or at its specific places of arrival or departure, the penalty is imprisonment of three to seven years.

TCK Article 142(2)(b) — snatching or special skill. Where theft is committed by snatching property carried in the hand or on the person, or by special skill (özel beceri), the penalty is imprisonment of five to ten years.

The text of TCK Article 142(1)(c) refers to the arrival and departure places of public transport, and TCK Article 142(2)(b) refers to snatching and special skill, which is the wording that may come up in a pickpocketing file. That does not mean that every theft at an airport is automatically an offence under TCK Article 142. Which provision applies to the facts is decided by the prosecutor in the investigation and, if a case is opened, by the court. The classification matters for the victim too, because it affects conciliation (Section 7).

3. Your Rights as a Victim in the Investigation: CMK Article 234

The Code of Criminal Procedure gives the victim (mağdur) and the complainant (şikâyetçi) a list of rights. CMK Article 234(1)(a) sets out those that apply in the investigation stage:

1. Asking for evidence to be collected (Art. 234(1)(a)(1)). A victim can point to evidence they know of and ask for it to be gathered.
2. Asking the public prosecutor for copies of documents, provided that this does not compromise the confidentiality and purpose of the investigation (Art. 234(1)(a)(2)).
3. Asking the bar to appoint a lawyer, where the victim has no lawyer, in the specific offences listed in the provision: sexual assault, sexual abuse of children, stalking, intentional injury, torture or torment committed against women, and offences requiring imprisonment with a lower limit of more than five years (Art. 234(1)(a)(3)). Whether a particular file falls within this list depends on the offence the prosecutor applies.
4. Having the investigation documents and the seized and secured items examined through their lawyer (vekil), subject to the conditions the Code sets for access to the file (Art. 234(1)(a)(4)).
5. Objecting to the prosecutor's decision not to prosecute under the procedure written in the law (Art. 234(1)(a)(5)); see Section 5.

CMK Article 234(3) adds a rule that matters for a traveller who does not know the system: these rights are explained and clarified to the victims of the offence and to the complainant, and this is written in the record. If a traveller is not sure whether this happened, the written record of the complaint is the place to check, with the help of an interpreter or a lawyer.

A victim does not have to manage the file alone: Article 234 itself refers to the victim's lawyer (vekil), and a lawyer acting under a power of attorney can follow the investigation and use these rights for the victim. Our guide to handling a Turkish legal matter from abroad explains how that works in general terms.

4. The Victim's Rights Side by Side: Investigation and Trial

CMK Article 234(1)(b) lists the rights of the victim and the complainant in the prosecution (trial) stage. The table puts the two lists next to each other.

The table sets out the text only. How these rights are used in a given file depends on its facts and on the stage the file has reached.

5. If the Prosecutor Decides Not to Prosecute: CMK Article 173

At the end of an investigation, the prosecutor may decide that there is no need to prosecute (kovuşturmaya yer olmadığına dair karar). The Code gives the victim a way to challenge the decision.

CMK Article 173(1). The person harmed by the offence may object within two weeks from the date on which the decision not to prosecute is notified to them, to the criminal judgeship of peace (sulh ceza hâkimliği) at the place where the assize court (ağır ceza mahkemesi) is located, within whose jurisdiction the prosecutor who gave the decision serves.

CMK Article 173(2). The objection petition states the events and the evidence that could require a public prosecution to be filed.

CMK Article 173(3). If there are not sufficient grounds for filing a public prosecution, the judgeship rejects the request with reasons and orders the person objecting to pay the costs. The judgeship may also ask the chief public prosecutor's office to extend the investigation, if it considers this necessary to give its decision.

CMK Article 173(4). If the judgeship finds the request justified, the prosecutor prepares an indictment and files it with the court.

The two-week period runs from notification to the victim. For a traveller who has left Türkiye, this is one of the reasons why a reachable address, or a lawyer who follows the file, matters. The objection is also not a formality: Article 173(3) puts the costs on the person objecting if it is rejected, so the petition should explain which events and which evidence justify a prosecution.

6. Joining the Case as a Party: CMK Articles 237 and 238

If the prosecutor files an indictment, a criminal case (kamu davası) begins. The victim does not become a party automatically; the Code lets them join.

CMK Article 237(1). The victim, and natural and legal persons harmed by the offence, may join the public prosecution at every stage of the prosecution before the first-instance court, until judgment is given, by declaring that they are complainants.

CMK Article 237(2). A request to join cannot be made in the appeal proceedings. Requests to join that were raised and rejected, or not decided, at first instance are examined if they are expressly stated in the appeal.

CMK Article 238(1). Joining takes place after the public prosecution is filed, by submitting a petition to the court, or by having an oral application containing the request to join recorded in the hearing record.

CMK Article 238(2). Where a person states a complaint during the hearing, the person harmed by the offence is asked whether they want to join the case. CMK Article 238(3) provides that the court decides whether the request to join is appropriate after hearing the prosecutor, the defendant and, if there is one, defence counsel.

Joining has a direct consequence for the victim's later options. Under CMK Article 234(1)(b)(6), the victim may apply for legal remedies against the decisions ending the case on condition of having joined the case. A victim who wants to be able to challenge the judgment should therefore consider joining before judgment is given at first instance.

For a wider explanation of the two stages, see our guide to criminal investigation and prosecution in Türkiye.

7. Flying Home: Hearing a Victim at a Distance, and Conciliation

A traveller who is robbed at an airport may be about to leave Türkiye. The Code contains several rules that matter once the victim is no longer in the country.

Being heard when you cannot come to the hearing

CMK Article 236(1). Where the victim is heard as a witness, the provisions on witnesses apply, except the oath.

CMK Article 180(1). Where it is understood that a witness cannot attend the hearing for a long and unforeseen period, because of illness, disability or another reason that cannot be removed, the court may decide that the witness is heard by a delegated judge (naip) or by letters rogatory (istinabe).

CMK Article 180(2). This rule also applies to witnesses who are difficult to bring because their residence is outside the jurisdiction of the competent court.

CMK Article 180(5). Where it is possible to hear the witness using simultaneous video and audio communication technique, the statement is taken by this method.

These are the Code's own tools for hearing a witness who cannot easily attend. How a statement is taken from a person who lives in another country is decided by the court on the facts of the file, and this guide does not go further than the text.

Conciliation: TCK Article 141 is in the list, TCK Article 142 is not

Conciliation (uzlaştırma) is a procedure in which an attempt is made to reconcile the suspect with the victim or the person harmed by the offence.

CMK Article 253(1)(b)(6). Theft under TCK Article 141 is among the offences listed for conciliation. Aggravated theft under TCK Article 142 is not in that list.

CMK Article 253(6). Where the victim, the person harmed, the suspect or their legal representative cannot be reached because they are not at the address declared to official authorities and in the investigation file, because they are abroad, or for another reason, the investigation is concluded without going to conciliation.

CMK Article 253(19). If conciliation results in the suspect performing what was agreed in one go, a decision not to prosecute is given about the suspect. Where conciliation is reached, no claim for compensation can be brought on account of the offence under investigation, except for damages that could not be determined at the time of conciliation or that appear afterwards.

For a victim, Article 253(19) deserves attention before agreeing to anything: conciliation can close both the criminal file and the route to a compensation claim for the losses covered. Whether conciliation applies at all depends on whether the prosecutor treats the facts as theft under TCK Article 141 or as an offence under TCK Article 142.

Readers who are on the other side of such a file, accused rather than robbed, will find the defence perspective in our guide to being accused of theft at Istanbul Airport.

8. An Interpreter, and Who Pays for It: CMK Articles 202 and 324

A traveller who does not speak Turkish can still give a statement as a victim.

CMK Article 202(1) and (3). Where the victim does not know Turkish well enough to express themselves, the essential points are translated through an interpreter, and this rule also applies to suspects, victims and witnesses heard in the investigation stage; at that stage the interpreter is appointed by the judge or the public prosecutor.

CMK Article 324(5). The costs of an interpreter appointed for a suspect, defendant, victim or witness who does not know Turkish are not counted as trial costs, and these costs are borne by the State Treasury.

The record of a statement is signed. A traveller should ask for it to be translated before signing and should keep a copy if one is given. Our guide to giving a statement at Istanbul Airport explains how statements are recorded.

9. A Practical Checklist for a Robbed Traveller

1. Report the theft before you leave, if you can. Under CMK Article 158(1) a complaint may be made to the chief public prosecutor's office or to the law enforcement authorities, and under Article 158(5) it can be oral, to be recorded.
2. Be concrete. Say what was taken, when and where you last had it, and what you noticed. An abstract and general complaint can end in a decision that no investigation is needed (Art. 158(6)).
3. Ask for an interpreter if your Turkish is not good enough (CMK Art. 202(3)); the cost is borne by the State Treasury (CMK Art. 324(5)).
4. Check that your rights were explained. CMK Article 234(3) requires the rights to be explained and written in the record.
5. Give an address and contact details where you can be reached after you leave. Under CMK Article 253(6), a victim who cannot be reached because they are abroad means the investigation is concluded without conciliation.
6. Keep copies of the complaint record and of any document you are given, and note the names of the offices involved, so that a lawyer can find the file.
7. Think about authorising a lawyer if you will not be in Türkiye. A lawyer can follow the file, ask for evidence to be collected and, if a case is opened, help you join it (CMK Arts. 234, 237 and 238).
8. Watch the two-week objection period. If you are notified of a decision not to prosecute, CMK Article 173(1) gives two weeks from notification to object.
9. Do not agree to conciliation without understanding it. Under CMK Article 253(19), a conciliation that is reached can bar a later compensation claim for the losses it covered.

If you or someone close to you has been robbed at Istanbul Airport or Sabiha Gökçen, a lawyer can explain these rules in your language and look at what is in the file. Guidance can start on WhatsApp. See also our page on criminal defence and criminal files in Türkiye.