Legal Proceedings for Fugitive Defendants: Procedures and Measures under Turkish Criminal Law

A fugitive is defined as a person who evades prosecution by either hiding within the country or relocating abroad, making them unreachable by the public prosecutor or the court. This process is regulated under Article 248 of the Turkish Criminal Procedure Code.

For suspects or defendants with pending investigations or prosecutions for specific crimes, if they fail to comply with proper notifications from the public prosecutor or court, a warrant is issued for their forced appearance. Should this also be ineffective, the following steps are taken:

1. Public Notice: A notice is posted at the defendant's last known residence and published in a newspaper.
2. 15-Day Period: The notice specifies that the defendant must appear within 15 days, failing which measures outlined in Article 248 of the Turkish Criminal Procedure Code will be applied.
3. Fugitive Status: If the defendant does not comply within this period, they are formally declared a fugitive.

Legal proceedings may continue for a fugitive defendant; however, a conviction cannot be rendered if the defendant has not previously been interrogated. During proceedings, if the fugitive defendant lacks legal representation, the court will appoint a lawyer from the bar association.

To ensure that a fugitive defendant appears before the court, seizure of assets located in Turkey may be ordered in proportion to the seriousness of the alleged crime. This decision is made upon the request of the public prosecutor and authorized by either a criminal court of peace judge or the court, with a trustee appointed if necessary.

Asset seizure and trustee appointment apply to the following crimes:

• Crimes against humanity and genocide
• Human trafficking and migrant smuggling
• Theft, robbery, breach of trust, fraud, fraudulent bankruptcy
• Production and trafficking of drugs or stimulants
• Counterfeiting currency, forming criminal organizations
• Embezzlement, bribery
• Bid-rigging, corruption in public procurement
• Crimes against state security, constitutional order, and espionage
• Arms smuggling and specific offenses (e.g., Banking Law, Anti-Smuggling Law, Protection of Cultural and Natural Heritage Law)

The seizure order is communicated to the defendant's counsel, and provisions are made to prevent undue hardship for the defendant's dependents. If necessary, a trustee may be authorized to allocate part of the seized assets for family support.

A summary of these measures can be published in a newspaper upon the decision of the criminal judge or court. When the fugitive is apprehended or voluntarily surrenders, the seizure order is lifted.

In accordance with Articles 100 and subsequent articles of the Turkish Criminal Procedure Code, a detention order may be issued against a fugitive defendant in absentia. However, the court may also issue a guarantee certificate, assuring the defendant they will not be detained if they appear in court. This certificate is conditional and may be revoked if the defendant is convicted, attempts to escape, or violates any conditions stipulated.

The legal process for fugitive defendants is crucial for maintaining public order and upholding justice. At Bayar Law Office, we are committed to ensuring the protection of defendants' rights while adhering to the principles of justice and accountability in criminal law.

Note: This article was written by Attorney Hüseyin Bayar and belongs to Bayar Law Office. Unauthorized copying or reproduction is prohibited.