Criminal Court of First Instance Lawyer in Antalya, Turkey

Many criminal prosecutions in Turkey are heard before the Criminal Court of First Instance, known in Turkish as the Asliye Ceza Mahkemesi. For a defendant, however, knowing the name of the court is only the starting point. The more important questions are what conduct is actually alleged, which criminal provision is being applied, what evidence supports the accusation, whether that evidence was lawfully obtained, and what procedural steps need to be taken before the next hearing.

In Antalya, Criminal Courts of First Instance deal with a broad range of criminal cases. These can include allegations involving fraud, theft, threats, assault, breach of trust, property offences, document offences, certain cyber-related allegations and many other offences that do not fall within the jurisdiction of the High Criminal Court or another specialised criminal court.

The fact that a case is being heard before a Criminal Court of First Instance does not mean that it is legally unimportant or that imprisonment cannot be imposed. Depending on the offence and the facts, a case may still involve detention, travel restrictions, forensic evidence, digital material, witness disputes, compensation consequences and appellate proceedings.

Attorney Cennet Kesici Çetinbaş
Antalya Bar Association
Last updated: 30 August 2026
Legal review: Attorney Cennet Kesici Çetinbaş

Quick Answer: What Cases Are Heard Before the Criminal Court of First Instance?

The Criminal Court of First Instance is one of the main first-instance criminal courts in Turkey. Under Article 11 of Law No. 5235, subject to matters specifically assigned elsewhere by law, it deals with criminal cases that fall outside the jurisdiction of the High Criminal Court, the Criminal Judgeship of Peace and specialised criminal courts.

In practice, this means that a wide range of ordinary and medium-level criminal prosecutions can come before the Asliye Ceza Mahkemesi.

Depending on the precise statutory classification, cases may concern:

• fraud and, following the 2025 jurisdictional change, newly filed qualified-fraud cases,
• theft and certain property offences,
• intentional or negligent injury allegations, depending on their legal classification,
• threats and insult offences,
• breach of trust,
• damage to property,
• forgery involving certain private documents,
• traffic-safety offences,
• certain offences involving electronic or digital systems, and
• other criminal matters not assigned by law to another criminal court.

The exact court cannot safely be determined from the everyday name of the incident alone. The relevant criminal provision, statutory penalty, possible legal classification and any special jurisdiction rule must be checked.

What Is the Criminal Court of First Instance in Turkey?

The Turkish term Asliye Ceza Mahkemesi is commonly translated into English as “Criminal Court of First Instance.” It is a first-instance trial court and, as a rule, sits with a single judge.

Its role is not limited to minor offences. It has broad residual jurisdiction within the Turkish criminal-court system. This means that where a criminal case is not legally assigned to the High Criminal Court or another specialised court, the Criminal Court of First Instance may be the competent court.

The court may hear witnesses, examine documentary and digital evidence, obtain expert reports, decide procedural requests, evaluate the defendant's criminal responsibility and ultimately issue a judgment.

How Is the Competent Criminal Court Determined?

Court jurisdiction in Turkish criminal proceedings is determined by legislation, not simply by whether an allegation appears serious.

Article 11 of Law No. 5235 establishes the Criminal Court of First Instance as the court dealing with criminal cases outside the jurisdiction of the other criminal courts, subject to specific statutory assignments.

Article 14 further provides that the statutory upper limit of the penalty is relevant when determining which court has subject-matter jurisdiction. Special statutory jurisdiction rules must also be taken into account.

What Is the Difference Between the Criminal Court of First Instance and the High Criminal Court?

Both are first-instance criminal courts, but their statutory jurisdiction is different.

The High Criminal Court deals with offences specifically assigned to it by law and, subject to statutory exceptions, offences carrying aggravated life imprisonment, life imprisonment or imprisonment exceeding ten years.

The Criminal Court of First Instance has a much broader residual role and deals with criminal cases that do not fall within those rules or within the jurisdiction of specialised criminal courts.

The distinction matters because the structure of the court, procedural context, possible penalties and defense strategy may differ.

For serious criminal proceedings, see our separate page on High Criminal Court legal representation in Antalya .

Is Qualified Fraud Now Tried Before the Criminal Court of First Instance?

For newly filed prosecutions, the general rule is yes.

This is one of the most important recent changes concerning the jurisdiction of Turkish criminal courts.

Law No. 7571 removed qualified fraud under Article 158 of the Turkish Criminal Code from the offences specifically listed within the jurisdiction of the High Criminal Court. The amendment entered into force on 25 December 2025.

The Council of Judges and Prosecutors subsequently decided that newly filed qualified-fraud cases under Article 158 are to be distributed among the relevant Criminal Courts of First Instance.

How Does a Criminal Court of First Instance Case Begin?

A criminal trial usually begins with an investigation conducted under the authority of the Public Prosecutor's Office.

Depending on the allegation, the investigation may involve:

• statements from the suspect, complainant and witnesses,
• police reports and incident records,
• CCTV or video footage,
• telephone and digital evidence,
• search and seizure procedures,
• medical or forensic reports,
• banking and financial records,
• expert examinations, and
• other physical or documentary evidence.

If the prosecutor concludes that sufficient suspicion exists to bring a prosecution, an indictment may be prepared and submitted to the competent criminal court.

Once the indictment is accepted, the prosecution stage begins.

Why Should the Indictment Be Reviewed Carefully?

The indictment sets out the factual allegation against the defendant, the proposed legal classification, the evidence relied upon by the prosecution and the criminal provisions that may be applied.

A defense review should not stop at the name of the alleged offence. It should examine whether the evidence actually supports each factual allegation and whether the facts described by the prosecution satisfy all legal elements of the offence.

In multi-defendant files, it is also important to identify what conduct is individually attributed to each defendant rather than treating the entire group as legally interchangeable.

What Happens at the First Hearing?

The exact course of the first hearing depends on the case, but the court will generally establish the defendant's identity, explain the accusation and procedural rights, and hear the defendant's defense.

Depending on the file, the hearing may also involve:

• statements from the complainant or victim,
• witness testimony,
• requests for additional evidence,
• expert-report issues,
• discussion of CCTV or digital material,
• procedural objections,
• detention or judicial-control issues, and
• interim decisions concerning evidence that still needs to be collected.

A criminal case is not necessarily concluded at the first hearing. The court may adjourn the trial so that missing evidence can be collected, witnesses can be heard or expert reports can be obtained.

Can the Simplified Trial Procedure Be Used?

In certain Criminal Court of First Instance cases, the court may decide to apply the simplified trial procedure (basit yargılama usulü) under Article 251 of the Turkish Code of Criminal Procedure.

This procedure may be considered after the indictment has been accepted where the offence is punishable by a judicial fine and/or imprisonment with a statutory upper limit of two years or less, subject to the statutory conditions and exclusions.

If the simplified procedure is applied, the indictment is served on the relevant parties and they are invited to submit their statements and defense in writing. The case may then be decided without holding the ordinary form of hearing.

How Should Evidence Be Assessed in a Criminal Court Case?

The existence of evidence in the court file does not automatically mean that the allegation has been proved.

Evidence should be examined for its source, reliability, context, legality and actual connection with the alleged offence.

Depending on the case, I may review:

• the defendant's previous statements,
• complainant and witness statements,
• CCTV and video footage,
• telephone and communication data,
• messages and social-media material,
• digital examination reports,
• financial and banking records,
• medical and forensic reports,
• expert opinions,
• search and seizure records, and
• physical evidence contained in the investigation file.

Can Unlawfully Obtained Evidence Be Challenged?

Yes. The legality of the method used to obtain evidence can be an important part of a criminal defense.

Where evidence has been obtained through search, seizure, digital examination or another investigative measure, the legal authority for that measure, its scope and the way in which it was executed may need to be reviewed.

Are Witness Statements Always Reliable?

Witness evidence must be assessed in context.

Relevant questions can include whether the witness personally observed the incident, whether the account has changed over time, whether it is internally consistent and whether it is supported or contradicted by objective evidence.

A criminal defense should therefore focus on evidential quality rather than simply counting how many statements appear in the file.

Can Someone Be Detained in a Criminal Court of First Instance Case?

Yes, depending on the offence and the statutory conditions. The fact that a case is being heard before a Criminal Court of First Instance does not automatically prevent pre-trial detention.

At the same time, detention is not automatic merely because a criminal prosecution has been brought.

The court must assess the relevant statutory requirements, including the evidentiary basis, detention grounds, proportionality and whether a less restrictive judicial-control measure may be sufficient.

What Is Judicial Control?

Judicial control (adli kontrol) can impose restrictions on a suspect or defendant without keeping that person in pre-trial detention.

Depending on the legal conditions, measures may include a prohibition on leaving Turkey, reporting obligations or other restrictions authorised by the Code of Criminal Procedure.

For a foreign national in Antalya, a travel restriction can be particularly significant because it may affect the ability to leave Turkey while proceedings are pending.

Criminal Court Cases Involving Foreign Defendants in Antalya

Foreign nationals may become involved in criminal proceedings in Antalya as suspects, defendants, victims or complainants.

In addition to the criminal allegation itself, foreign clients may need to deal with:

• Turkish-language police and court documents,
• interpretation during questioning or hearings,
• communication with a lawyer while outside Turkey,
• travel restrictions or judicial control,
• service of court documents,
• powers of attorney where appropriate, and
• possible interaction with immigration or residence status.

Can a Foreign Defendant Use an Interpreter?

Turkish is the official language of criminal proceedings. Where the legal requirements are met, a person who cannot sufficiently understand or express themselves in Turkish may receive interpreter assistance during relevant stages of the proceedings.

Interpretation and legal representation serve different purposes. An interpreter assists with language; a defense lawyer examines the criminal allegation, evidence, procedure and available legal remedies.

What Decisions Can the Criminal Court of First Instance Make?

Depending on the case and the applicable provisions of the Code of Criminal Procedure, the court may issue decisions including acquittal, conviction, dismissal of proceedings, a decision that no punishment should be imposed in legally defined circumstances, or other procedural and substantive rulings.

How Is a Criminal Sentence Determined?

A potential sentence cannot reliably be calculated from the name of the offence alone.

Depending on the case, the court may need to consider the basic statutory penalty, attempt, participation, aggravating or mitigating provisions, unjust provocation, effective remorse, discretionary mitigation and offence-specific rules.

This is why statements such as “this offence always results in this number of years” are often legally misleading.

Can a Criminal Court Judgment Be Appealed?

Depending on the type of judgment and the applicable provisions of the Turkish Code of Criminal Procedure, an appeal to the competent Regional Court of Justice may be available.

Certain decisions may also become subject to further review before the Court of Cassation where the statutory conditions are met.

Not every criminal judgment follows exactly the same appellate route. The judgment, sentence, procedural history and current legal-remedy provisions should therefore be checked immediately after the decision is issued.

Criminal Court of First Instance Lawyer in Antalya: How I Review a Case

When I review a Criminal Court of First Instance file in Antalya, I do not begin by asking only what sentence the defendant might receive.

I first try to establish what the case actually proves.

This usually involves reviewing:

• the investigation documents and indictment,
• the act specifically attributed to the defendant,
• the legal classification of that conduct,
• the defendant's previous statements,
• complainant and witness accounts,
• CCTV and other objective evidence,
• digital or telephone material,
• expert and forensic reports,
• search and seizure procedures,
• detention or judicial-control decisions,
• contradictions between different pieces of evidence, and
• procedural deadlines and available legal remedies.

The main question is whether the alleged offence, and the defendant's connection with it, can actually be established through lawful and reliable evidence.

Common Problems in Criminal Court Files

Depending on the case, difficulties may arise where a statement is given before the available evidence has been understood, contradictory witness statements are not examined, digital evidence is treated as self-explanatory, an expert report is accepted without technical review, the prosecution's legal classification is assumed to be the only possible classification, or an important procedural deadline is overlooked.

None of these issues automatically determines the result of a case. Their significance must be assessed against the complete file.

What Documents Should Be Reviewed?

Depending on the stage of the case, useful documents may include:

• police or prosecutor documents,
• statement and interrogation records,
• the indictment,
• court summons and hearing records,
• complainant or witness statements,
• CCTV or digital examination reports,
• search and seizure records,
• medical or forensic reports,
• expert reports,
• judicial-control or detention decisions, and
• the reasoned judgment if the case has already been decided.

During an ongoing investigation, the client may not personally have access to every document. The available material and the procedural stage should therefore be identified first.

Criminal Defense and Legal Representation in Antalya

Depending on the circumstances, legal assistance may include investigation-file review, preparation for police or prosecutor questioning, examination of the indictment, defense before the Criminal Court of First Instance, evidence assessment, detention and judicial-control applications, written and oral submissions, witness and expert-report issues, and assessment of appellate remedies.

You can view our broader legal services in Antalya , consult the Legal Guide for Turkey , or contact the office regarding an individual matter.

Attorney Cennet Kesici Çetinbaş
Antalya Bar Association
Muratpaşa, Antalya, Turkey

Frequently Asked Questions About Criminal Court of First Instance Cases

Official Legal Sources

• Law No. 5235 on the Establishment, Duties and Jurisdiction of First Instance Courts and Regional Courts of Justice – Articles 11, 12 and 14 regulate the division of jurisdiction between the Criminal Court of First Instance and other criminal courts.
• Turkish Code of Criminal Procedure – Law No. 5271 – Governs investigation, prosecution, evidence, defense rights, detention, judicial control, hearings, simplified trial procedure and legal remedies.
• Turkish Criminal Code – Law No. 5237 – Contains the substantive offences and penalties relevant to criminal prosecutions.
• Law No. 7571 – Introduced the December 2025 change concerning jurisdiction over qualified-fraud prosecutions and the transitional rule for pending cases.
• Council of Judges and Prosecutors – Decision No. 2275 dated 25 December 2025 – Provides for the allocation of newly filed qualified-fraud prosecutions among Criminal Courts of First Instance.