High Criminal Court in Turkey: What Cases Does It Hear and How Does the Criminal Trial Process Work?
The High Criminal Court, known in Turkish as the Ağır Ceza Mahkemesi, is a first-instance criminal court that hears cases falling within its statutory jurisdiction. For a foreign national in Antalya, involvement in a High Criminal Court case may raise questions not only about the criminal charge, evidence, detention and trial procedure, but also about interpretation, mandatory defence counsel and possible immigration consequences. The correct starting point is always the precise offence and the current jurisdiction rules.
A High Criminal Court does not hear a case merely because the allegation sounds serious. Jurisdiction is determined by Law No. 5235, special statutory rules and the punishment attached to the offence. Cases requiring aggravated life imprisonment, life imprisonment or imprisonment exceeding ten years fall within the High Criminal Court framework unless another court is specifically designated. The statutory offence and current legislation must therefore be checked before deciding which court is competent.
What Is the High Criminal Court in Turkey?
The High Criminal Court (Ağır Ceza Mahkemesi) is a first-instance criminal court within the Turkish judicial system.
It is not an appellate court and it is not the Public Prosecutor’s Office. The prosecutor conducts the criminal investigation, while the criminal court adjudicates the prosecution after an indictment has been accepted.
Under Law No. 5235, a High Criminal Court sits as a panel rather than as a single-judge court.
Conducts the investigation, gathers evidence and determines whether an indictment should be prepared.
Conducts the trial where the offence falls within the court’s statutory jurisdiction.
Being investigated is not the same as being prosecuted, and being prosecuted is not the same as being convicted.
How Is High Criminal Court Jurisdiction Determined?
The principal rules are found in Articles 12 and 14 of Law No. 5235.
Subject to offences assigned to another court by special legislation, High Criminal Courts hear cases within the statutory jurisdiction established by Article 12. When jurisdiction is determined according to punishment, Article 14 requires consideration of the statutory upper limit of the offence without taking aggravating or mitigating circumstances into account.
This means that the name of the offence alone is not always sufficient. The exact statutory provision, the basic form of the offence, the applicable court-assignment rule and any subsequent legislative amendments must be examined.
Does Qualified Fraud Still Go to the High Criminal Court?
This is one of the most important recent changes to the Turkish criminal-court system.
Qualified fraud under TCK Article 158 is no longer generally assigned to the High Criminal Court for newly filed cases.
Law No. 7571 removed qualified fraud from the specific High Criminal Court jurisdiction provision in Article 12 of Law No. 5235. The change took effect in December 2025.
New TCK Article 158 prosecutions are generally heard by Criminal Courts of First Instance. However, cases that were already pending before High Criminal Courts when the amendment entered into force continue under the previous jurisdiction rules until final judgment.
This transitional distinction matters in practice. Two qualified-fraud files concerning similar conduct may be before different levels of criminal court solely because of the date on which the proceedings reached the prosecution stage.
What Kinds of Cases May Be Heard by a High Criminal Court?
The exact answer depends on current legislation and the statutory form of the offence. Examples of matters that may fall within High Criminal Court jurisdiction include:
Offences carrying life or aggravated life imprisonment fall within the statutory High Criminal Court framework.
Serious drug-manufacture and trafficking allegations can fall within High Criminal Court jurisdiction because of their statutory punishment.
Court jurisdiction depends on the precise statutory form and punishment applicable to the allegation.
State-security, constitutional-order and terrorism-related matters may be assigned according to specific statutory provisions.
Drug-related proceedings are a particularly common example of why the distinction matters. For more detail, see Drug-Related Offences in Turkey: Legal Process for Foreigners in Antalya .
Can a Foreign National Be Tried in a High Criminal Court in Turkey?
Yes.
Foreign nationality does not prevent Turkish criminal courts from exercising jurisdiction where Turkish criminal law and procedural jurisdiction rules apply.
The analysis may become more complex where the alleged conduct, evidence, victim, suspect or financial transactions involve more than one country.
A foreign national should therefore avoid assuming either that the case cannot be heard in Turkey or that an international element automatically changes the competent court.
What Happens Before a High Criminal Court Trial Begins?
A High Criminal Court prosecution normally begins only after a criminal investigation has produced an indictment that is accepted by the competent court.
The prosecutor and investigative authorities collect evidence and evaluate the alleged offence.
Suspect, witness and complainant statements, searches, expert examinations, digital analysis or other procedures may become relevant.
The prosecutor decides whether the collected evidence supports prosecution and how the alleged conduct should be legally classified.
If the legal conditions are considered satisfied, an indictment is prepared and submitted to the competent criminal court.
When the indictment is accepted, the prosecution stage begins and the court prepares for trial.
For broader representation during the investigation and prosecution stages, see Antalya Criminal Defense Lawyer .
How Does a High Criminal Court Trial Work?
The precise order can vary according to the case, but a High Criminal Court trial generally involves the following core stages.
The court verifies the parties and procedural position of the case.
The defendant must understand the accusation and have an effective opportunity to respond.
The defendant may respond to the allegation, exercise the right to remain silent where applicable and present relevant defence arguments.
Witnesses, documents, forensic reports, digital evidence and other material may be examined and discussed before the court.
Once the evidentiary stage reaches the appropriate point, the prosecutor may submit an opinion concerning the merits.
The defence is given the opportunity to respond before the court issues its judgment.
A High Criminal Court case may require several hearings, especially where the file contains multiple defendants, extensive digital evidence, forensic reports or evidence obtained through international cooperation.
How Does the High Criminal Court Evaluate Evidence?
Article 217 of the Turkish Criminal Procedure Code is central to criminal evidence.
The court’s judgment must be based on evidence brought before the hearing and discussed in its presence, and the alleged offence may be proved through legally obtained evidence.
This makes the evidentiary analysis more important than simply counting how many documents appear in the investigation file.
Search, seizure, digital examination and other evidence-gathering procedures may require legal scrutiny.
The evidential connection between the material and the alleged offence must be examined.
Witness statements, expert findings and digital records may contain contradictions or limitations.
Evidence must be assessed against the specific statutory elements of the offence.
Is a Lawyer Mandatory in a High Criminal Court Case?
The fact that a case is before a High Criminal Court does not, by itself, create the legal test for mandatory defence counsel.
Under CMK Article 150, mandatory defence counsel applies in specified circumstances. One important ground is where the minimum statutory sentence for the alleged offence is more than five years’ imprisonment.
Even where representation would exist through mandatory appointment, a foreign defendant may still need to understand the specific defence strategy, evidence and procedural decisions affecting the case.
What If the Defendant Does Not Speak Turkish?
Foreign defendants must be able to understand the proceedings sufficiently to exercise their defence rights.
The Criminal Procedure Code contains interpreter provisions, including CMK Article 202, for defendants or other participants who cannot adequately explain themselves in Turkish in the situations defined by law.
A foreign defendant should not sign a Turkish-language statement, waiver or procedural document without understanding its contents and legal significance.
Does a High Criminal Court Case Mean the Defendant Will Be Detained?
No.
Pre-trial detention is a criminal-procedure measure, not an automatic consequence of the court having High Criminal Court jurisdiction.
The detention conditions under CMK Article 100 must be examined in the individual case, including the evidentiary basis, statutory detention grounds and proportionality.
Depending on the circumstances, judicial-control measures may also be considered instead of detention.
For detailed information, see Police Custody, Pre-Trial Detention and Judicial Control Objections in Antalya .
Can a High Criminal Court Judgment Be Appealed?
Yes, where the judgment and applicable provisions permit the relevant legal remedy.
First-instance criminal judgments may be reviewed by the Regional Court of Appeal (Bölge Adliye Mahkemesi) through the istinaf system. Depending on the nature of the Regional Court decision and the statutory rules, further review before the Court of Cassation (Yargıtay) may also be available.
The appropriate remedy should be determined from the actual judgment rather than by assuming that every High Criminal Court decision follows the same appellate route.
What Should a Foreign National Know About High Criminal Court Cases in Antalya?
A foreign national living, visiting or doing business in Antalya may become involved in a serious criminal investigation handled by the Antalya judicial authorities where the territorial-jurisdiction rules point to Antalya.
Residence in Antalya alone does not determine which court will hear the case. The location of the alleged offence and other statutory jurisdiction rules remain relevant.
For foreign defendants, several issues frequently need to be considered together:
A criminal investigation does not automatically result in deportation, and a residence issue is not decided by the criminal court simply because the defendant is foreign. Criminal and immigration procedures are separate legal processes, although they may interact in a particular case.
How I Review a Serious Criminal Case for a Foreign Client in Antalya
I first determine the exact offence, procedural stage and competent court. The defence analysis is then built from the evidence and procedural record rather than from the seriousness of the accusation alone.
Attorney Cennet Kesici Çetinbaş
Attorney Cennet Kesici Çetinbaş graduated from Akdeniz University Faculty of Law in 2014 and has been practising law since 2015. She is registered with the Antalya Bar Association under registration number 4696. Her practice includes criminal investigations, serious criminal proceedings and legal matters involving foreign nationals in Turkey.
High Criminal Court Proceedings in Turkey
What is a High Criminal Court in Turkey?
The High Criminal Court, or Ağır Ceza Mahkemesi, is a first-instance criminal court that hears cases falling within its statutory jurisdiction. It is not an appellate court.
What cases does the High Criminal Court hear?
Jurisdiction is determined by Law No. 5235, special legislation and the statutory punishment attached to the offence. Cases requiring aggravated life imprisonment, life imprisonment or imprisonment exceeding ten years fall within the principal High Criminal Court framework unless another court is specifically competent.
Does qualified fraud still go to the High Criminal Court?
New TCK Article 158 qualified-fraud prosecutions are generally heard by Criminal Courts of First Instance following the 2025 jurisdiction amendment. High Criminal Court cases that were already pending when the change entered into force continue under the transitional rule.
Can a foreigner be tried by a High Criminal Court in Turkey?
Yes. Foreign nationality does not prevent Turkish criminal jurisdiction where the statutory jurisdiction rules apply.
Does being tried in a High Criminal Court mean I will be convicted?
No. Prosecution is not a finding of guilt. The court must assess the charge and the lawfully obtained evidence before reaching a judgment.
Is pre-trial detention automatic in a High Criminal Court case?
No. Detention is a separate procedural measure governed by the Criminal Procedure Code. The statutory conditions and proportionality must be assessed in the individual case.
Is a lawyer mandatory in every High Criminal Court case?
Not merely because of the court’s name. Mandatory defence counsel depends on the conditions in CMK Article 150, including cases where the minimum statutory sentence of the charged offence exceeds five years.
Can a foreign defendant have an interpreter?
Yes. Turkish criminal procedure provides interpreter assistance in circumstances where a defendant cannot adequately understand or express themselves in Turkish under the statutory rules.
Can a High Criminal Court judgment be appealed?
Legal remedies may include review by the Regional Court of Appeal and, where the statutory conditions permit, further appeal before the Court of Cassation. The exact route depends on the judgment.
Can an English-speaking criminal lawyer assist a foreign defendant in Antalya?
Yes. Legal assistance may include investigation-file review, offence classification, evidence analysis, detention issues, trial representation, interpreter-related procedural matters and appellate remedies.
Legal Framework Used in This Guide
- Law No. 5235 on the Establishment, Duties and Jurisdiction of First Instance Courts and Regional Courts of Appeal, particularly Articles 9, 12 and 14.
- Turkish Criminal Procedure Code No. 5271, including provisions concerning defence rights, detention, interpreters, trial procedure and evidence.
- Law No. 7571 concerning the change in jurisdiction for qualified fraud under TCK Article 158 and the applicable transitional rule.
- HSK First Chamber Decision dated 25 December 2025 and numbered 2275 concerning allocation of new qualified-fraud cases to Criminal Courts of First Instance.
Facing a High Criminal Court Case or Serious Criminal Investigation in Antalya?
Attorney Cennet Kesici Çetinbaş provides English-language criminal defence and legal assistance in Antalya for foreign nationals involved in serious criminal investigations, detention proceedings and High Criminal Court cases under Turkish law.
