The Defendant Is Abroad: can a Turkish criminal trial go on without them?

As a rule, no hearing is held without you, but the Code makes exceptions, and the file does not stop while you are away. Under CMK 193/1, save for the situations the law excepts, no hearing is held in respect of a defendant who is not present, and a defendant who has no valid reason for not coming is ordered to be brought by force (zorla getirme). Under CMK 193/2, as amended by Law No. 7445 of 28 March 2023, if the court concludes from the evidence gathered that the decision to be given is none of these three, a conviction, a decision that there is no room for a penalty or a security measure, the case may be concluded in the defendant's absence even if the defendant has not been questioned.

The other exceptions depend on what has already happened in the file: whether you were questioned (sorgu) by the court, what penalty the offence carries, whether you asked to be excused, and whether the court has declared you absent or a fugitive. The table puts them side by side, as the Code words them.

Two related notes look at the same position from other angles: return to Türkiye or stay abroad, and what to do once a judgment exists, in convicted in your absence.

In three situations set out in CMK 193/2, 194/2 and 195/1, each with its own condition. Outside them, and outside the excusal in CMK 196 and the special regimes for absent defendants and fugitives, CMK 193/1 applies and no hearing is held without the defendant.

A decision other than conviction. CMK 193/2 allows the case to be concluded in absence where the evidence leads the court to a decision that falls outside three kinds: a conviction, a decision that there is no room for a penalty (ceza verilmesine yer olmadığı) and a security measure (güvenlik tedbiri). The paragraph applies even where the defendant has not been questioned. It does not provide for concluding the case in absence with any of those three decisions.

The defendant who leaves after being questioned. Under CMK 194/1, the court ensures that a defendant who has come to court stays for the rest of the hearing and takes the measures needed to prevent them from slipping away. Under CMK 194/2, if the defendant slips away or does not come to the session that follows a recess, the case may be concluded in their absence where the defendant was questioned beforehand and the court no longer considers their presence necessary. The paragraph turns on two points: a previous questioning, and the court's own assessment that the defendant's presence is no longer necessary.

Fine or confiscation offences. Under CMK 195/1, where the offence carries a judicial fine (adlî para cezası) or confiscation (müsadere), alone or together, the hearing may be held even if the defendant does not come, and in such cases the summons sent to the defendant states that the hearing will be held even if they do not come.

Bringing the defendant by force. Under CMK 199/1, the court may at any time order the defendant to be present and to be brought by an order to bring by force or by an arrest warrant (yakalama emri). Whether such an order exists is a point to check in the file; see checking for an arrest warrant before travelling.

The Code allows it in some situations: the court may question a defendant through another court acting on letters rogatory (istinabe), and for a defendant abroad it may also do so before the hearing date set (CMK 196/2 and 196/6). Once questioned, a defendant may ask to be excused from attending (CMK 196/1). The Code words each of these as something the court may do.

Excusal from attendance (duruşmadan bağışık tutulma). Under CMK 196/1, if a defendant who has been questioned by the court asks, or their defence counsel asks where the defendant has authorised counsel to do so, the court may excuse the defendant from being present at the hearing. The paragraph is worded for a defendant who has already been questioned by the court.

Questioning by letters rogatory. Under CMK 196/2, the defendant may be questioned by letters rogatory, except for offences carrying imprisonment with a lower limit of five years or more. The day fixed for the questioning is notified to the public prosecutor, the defendant and defence counsel; it is not compulsory for the prosecutor and defence counsel to be present at the questioning. Before the questioning, the defendant is asked whether they wish to give their statement before the trial court. Under CMK 196/3, the record of the questioning is read out at the hearing.

The defendant abroad. Under CMK 196/6, where it is difficult for a defendant who is abroad to be present on the hearing date set, the defendant may be questioned before that date by opening the hearing earlier or by letters rogatory. Paragraph 6 does not repeat the wording of paragraph 2, and how the two apply together in a given file is for the court. The Code does not describe how a letter of request travels to a foreign country, and this note does not either.

Video link. Under CMK 196/4, in situations the judge or court considers necessary, the questioning of a defendant who is in Türkiye (yurt içinde bulunan) may be carried out by simultaneous audio and video communication, or the defendant may be allowed to take part in hearings that way. The paragraph names a defendant within the country; it does not provide for a defendant abroad.

An absent defendant (gaip) is one whose whereabouts are unknown, or who is abroad and cannot be brought before the competent court or whose bringing is not considered appropriate; a fugitive (kaçak) is a person whom the prosecutor or court cannot reach because they hide in Türkiye or are in a foreign country in order to make the investigation or prosecution fail. A hearing is not opened against an absent defendant (CMK 244/2); a fugitive defendant may be prosecuted, within the limits of CMK 247/3.

The absent defendant. Under CMK 244/1, a defendant whose whereabouts are unknown, or who is abroad and cannot be brought before the competent court or whose bringing is not considered appropriate, is deemed absent. Under CMK 244/2, no hearing is opened against an absent defendant; the court carries out the acts needed to obtain or preserve evidence. Under CMK 244/3, those acts may also be done through a delegated judge (naip hâkim) or a court acting on letters rogatory, and under CMK 244/4, the defendant's defence counsel, legal representative or spouse may be present; where necessary, the court asks the bar association to appoint defence counsel. Under CMK 245/1, an absent defendant whose address is unknown is warned by a suitable means of communication to come before the court or to give their address.

Safe-conduct document (güvence belgesi). Under CMK 246/1, the court may give an absent defendant a document stating that they will not be detained if they come to the hearing, and may attach conditions to it. Under CMK 246/2, the document ceases to have effect if the defendant is sentenced to imprisonment, prepares to flee, or does not comply with its conditions. Under CMK 248/7, article 246 also applies to fugitives. The word used is "may"; more on the safe conduct in Türkiye page.

The fugitive. Under CMK 247/1, a person who hides in Türkiye or is in a foreign country in order to make the investigation or prosecution against them fail, and whom the prosecutor or court therefore cannot reach, is called a fugitive. Under CMK 247/2, where an investigation or prosecution has been started for one of the offences listed in CMK 248/2, and an order to bring by force, given because the person did not comply with a duly made service, cannot be carried out either, the prosecutor or court (a) orders the summons to be announced in a newspaper and posted on the door of the person's known residence, stating that the measures in article 248 may be ordered if the person does not come within fifteen days, and (b) decides that the person is a fugitive if they do not apply within fifteen days from the date on which these steps are recorded in a report.

Trial of a fugitive. Under CMK 247/3, in the wording given by Law No. 7589 (in force since its publication on 31 July 2026), a fugitive defendant can be prosecuted; however, if the defendant has not been questioned before, no conviction and no decision that there is no room for a penalty can be given. Where a security measure is ordered, the fugitive defendant or defence counsel may ask for a retrial, stating that they wish to exercise the right of defence (see retrial in Türkiye). Under CMK 247/4, where a hearing is held and the fugitive defendant has no defence counsel, the court asks the bar association to appoint a lawyer. Under CMK 98/3, at the prosecution stage an arrest warrant for a fugitive defendant is issued by the judge or court, on its own motion or at the prosecutor's request.

It can, where the person is a fugitive and the charge is among the offences listed in CMK 248/2. Under CMK 248/1, in order to make the fugitive apply to the prosecutor or come to the hearing, their property, rights and receivables in Türkiye may be seized, in proportion to that aim, at the prosecutor's request, by decision of the criminal judge of peace (sulh ceza hâkimi) or of the court, and a trustee (kayyım) may be appointed to manage them where necessary. The seizure and the appointment of a trustee are notified to defence counsel.

The offences. Under CMK 248/2, paragraph 1 applies to the offences listed there, among them, under the Turkish Penal Code (TCK): migrant smuggling and human trafficking (TCK 79, 80), theft (TCK 141, 142), robbery (TCK 148, 149), breach of trust (TCK 155), fraud (TCK 157, 158), fraudulent bankruptcy (TCK 161), manufacture of and trade in drugs or stimulants (TCK 188), counterfeiting money (TCK 197), forming an organisation to commit offences (TCK 220), embezzlement (TCK 247), extortion by a public official (TCK 250), bribery (TCK 252), bid rigging (TCK 235) and rigging the performance of an obligation (TCK 236), together with offences against the security of the State and the constitutional order and other offences named in the paragraph; and, outside the TCK, arms smuggling under article 12 of Law No. 6136, embezzlement under article 22/3-4 of the Banking Law, the offences in the Anti-Smuggling Law that carry imprisonment, and the offences in articles 68 and 74 of the Law on the Protection of Cultural and Natural Assets. Whether a given charge falls within the list is read from the indictment and the list itself.

What follows. The steps in CMK 248, in the order of its paragraphs:

1. Protection of the assets. Under CMK 248/3, the provisions on seizure apply to protecting the seized property, rights and receivables, and the criminal judge of peace or the court may order a summary of the decisions to be announced in a newspaper.
2. Lifting. Under CMK 248/4, when the fugitive is caught or comes and surrenders of their own accord, a decision is given lifting the seizure.
3. Detention order in absence. Under CMK 248/5, a detention order (tutuklama) may be given in the fugitive's absence by the criminal judge of peace or the court under articles 100 and following.
4. Support for dependants. Under CMK 248/6, where the judge or court finds that relatives whom the fugitive is legally obliged to support may fall into poverty because of the measures, it allows the trustee to pay them support from the seized assets in proportion to their social circumstances.
5. Objection. Under CMK 248/8, an objection (itiraz) can be made against these decisions.

This seizure is a means of compelling attendance under the CMK. Confiscation as a consequence of an offence is a different measure under the Penal Code; see confiscation of property in a Turkish criminal case.

The lawyer. Under CMK 149/1, a suspect or defendant may have the assistance of one or more defence lawyers at every stage of the investigation and prosecution. Under CMK 197/1, even if the defendant is not present, defence counsel has the power to be present at all sessions. Under CMK 150/1, the suspect or defendant is asked to choose a lawyer and, if they state that they are not in a position to do so, one is appointed at their request; under CMK 150/3, in investigations and prosecutions for offences carrying imprisonment with a lower limit of more than five years, a lawyer is appointed without a request for a suspect or defendant who has no lawyer. Under CMK 151/1, if a lawyer appointed under article 150 does not attend the hearing, withdraws at the wrong time or avoids the duty, the judge or court immediately takes the steps for another lawyer to be appointed, and may recess or adjourn the session. For giving instructions from abroad, see power of attorney for a Turkish criminal case from abroad.

Service of decisions. Under CMK 35/2, decisions of a judge or court that can be challenged by a remedy, other than those concerning protective measures, are served on the person concerned who could not be present. The appeal periods run from service: under CMK 273/1, an appeal to the regional court (istinaf) is lodged within two weeks from the date on which the judgment was served together with its reasons, and under CMK 291/1, the same wording applies to an appeal to the Court of Cassation (temyiz). Under provisional article 6/1(c) of the CMK, these periods running from service apply to decisions given on or after 1 June 2024; for earlier decisions the previous provisions continue to apply. See appealing a criminal conviction in Türkiye.

Judgment given in absence. Under CMK 274/1, the defendant may request restoration of the position against judgments given against them in their absence. The istinaf period runs during the restoration period too; where the defendant requests restoration, an istinaf request must also be made, and steps on the istinaf request are postponed until the restoration request is decided.

A lawyer can obtain the file, tell you which of these articles applies to it and make the requests the Code allows. The decisions remain with the prosecutor and the court.