Arrest warrants can be issued during an investigation or a prosecution process in Turkey.  According to the Turkish Criminal Law, arrest warrants can be demanded by only prosecutors and issued by Sulh Ceza Courts (the Court of the Peace). In other words, Sulh Ceza Courts have the unique authority to issue arrest warrants during the investigation process in Turkey. However, other criminal courts can also issue arrest warrants after a criminal case is opened. Prosecutors can issue orders of detention, however, they do not have the right to issue arrest warrants.

Grounds for Arrest Warrant

The grounds for arrest warrant are stipulated in the article 100 of the Turkish Code of Criminal Procedure. Sulh Ceza Courts can release an arrest warrant:

• If the suspect or the accused had fled or eluded or if there are specific facts that he or she is going to flee.
• If there are specific facts that the suspect or the accused is going to destroy, hide or change the evidence,
• If there are specific facts that the suspect or the accused is going to put unlawful pressure on witnesses or the victims.
• If there are strong suspicion that the crimes listed below in article 100.

An arrest warrant can be granted in case of the commitment of a crime listed in the article 100. In addition, theoretically, it is possible for a judge to issue an arrest warrant if the maximum penalty of a the crime is over 2 years. However, in practice, it can be said that arrest warrants are granted in case of serious crimes such as murder, rape, aggravated robbery, aggravated assault with deadly weapons, etc. In case of other less serious crimes arrest warrants

Jail Release

An arrested person can be released during the prosecution process or at the end of a criminal case as a part of the final verdict.  Therefore, hiring a criminal defense lawyer and working with an experienced defense attorney is the key point of a jail release.

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Turkey is one of the best countries in the world for investment in property. House prices in Turkey have been increasing rapidly, and property investors profit both selling and renting their properties. However, Turkish real estate law is so complicated that sometimes even local people cannot understand the legal terms related to the property and the municipality law. Indeed, Turkey has a very complicated property law, and the Turkish real estate law is being changed and updated regularly. Because of this fact, we recommend everyone who wishes to buy or sell property in Turkey to get professional legal support.

Property Fraud & Real Estate Scams

Property scams and property frauds have become common in some parts of Istanbul, particularly in the last decade. We recommend potential buyers to make market and price analysis before purchasing a real estate. Secondly, a title deed check by a real estate lawyer is a must for buyers. Thousands of foreign people have bought properties in Istanbul, as an investment. Because of the rising demand for new properties, builders and construction companies have started to sell properties before they begin to build their projects. As a result, property purchase agreements have become more important.

Title Deed (Tapu) Check

Tapu is a Turkish term that means “title” and issued by the TKGM. In Turkey, there is limited legal protection for real estate buyers (particularly for foreign buyers). Therefore, it is very critical to have a sale/purchase agreement with correctly worded conditions. We recommend that buyers should get a title deed check service from a property lawyer. As Turkish real estate lawyers, we check title deeds whether title deeds are clear and suitable for purchase or not. Firstly, we are checking if the ownership info is correct or not. Secondly, we check if there is a lien, hypothec, mortgage debt, or tax debt on title deeds. Lastly, we do research on related city plans and building licenses to ensure that there is no problem with the property.  We can complete title checks in one day, and we prepare a brief report about title deeds after all the appropriate checks are made. We can also provide legal support for buyers during the signing of a purchase agreement.

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Turkey announced a new citizenship program based on investment in 2016 first time. The new citizenship scheme grants residency and Turkish citizenship to applicants who invest in real estate or bank deposit. The minimum capital to be invested in real estate was 1.000.000 USD and the minimum capital investment was 2.000.000 in the first version of the law. However, in 2018, Turkey has decreased the minimum capital investment limit from 2.000.000 USD to 500.000 USD. The Turkish Government has also reduced the minimum property investment from 1.000.000 USD to 250.000 USD. With the new investment limits, it is now easier for foreign investors to obtain Turkish passports. According to the nomad passport index, Turkish passport holders have visa-free or visa on arrival access to 111 different countries in the world. With this change, Turkey has became one of the best options among the countries that are offering golden visa programs.

Obtaining Turkish Passport By Investing in Turkey

Turkish citizenship can be obtained by investment in three different ways. Buying a real estate for at least 250.000 USD, 500.000 USD capital investment or 500.000 USD bank deposit. The investment requirements are as follows:

• Real Estate Investment  $250,000
• Bank Deposit                  $500,000
• Capital Investment         $500,000

Turkish Citizenship By Property Investment

Turkish citizenship and Turkish passport can be obtained by investing only 250.000 USD in a real estate in Turkey. Portugal and Spain have similar golden visa schemes, however, the minimum property investment limit is around €550.000 in those countries. Cyprus is also one of the European countries offering citizenship based on property investment, and the minimum required investment is €3.000.000. On the other hand, minimum €250,000 investment is required to in real estate in Greece. As mentioned above, the minimum investment was 1.000.000 USD in the previous version of Turkish golden visa program in the past. However, the new implementation has changed the minimum property investment limit from 1.000.000 to 250.000 USD.  In other words, the minimum investment amount has been decreased by %75. The Turkish Government has also reduced the minimum property investment from 1.000.000 USD to 250.000 USD.

Getting Turkish Passport by Investing Real Estate

A real estate must be bought after the date of 19 September 2018. Therefore, properties which were bought before 12 January 2017 do not qualify citizenship. The minimum price of real estate must be 1.000.000 USD for the properties that were bought between 12 January 2017 and 19 September 2018.

Conditions

• The minimum total investment amount is $250.000.
• One or multiple properties can be purchased this amount.
• A property for investment can be purchased in USD or Turkish Lira.
• Buyer must declare that he/she will not sell the property for 3 years.

What kind of property can I buy to be eligible for citizenship program?

It does not matter. You can buy a house, villa, apartment flat, land, farm etc.

Can I sell the property within the 3 years period?

Yes, definitely you can. The declaration does not restrict your right to sell your property. However, in this case, your citizenship process or status will be reevaluated by immigration office.

How can I apply to Turkish golden visa program?

First of all, everyone, who is interested in Turkish citizenship programs for investors, should work with a registered lawyer not an agency. Because, only lawyers can represent you in legal processes of your visa and citizenship applications.  Alexander Patrick Solicitors is specialized in immigration law and investor visa programs. If you are in Turkey, please contact us to schedule an appointment, then you will need to release a power of attorney in a notary, after that we can handle your application. If you are abroad, you can release a power of attorney in the nearest Turkish consulate, and if you wish we can purchase a property on behalf of you. We can also represent you during your visa and citizenship applications. Send us an email to get more information about Turkish golden visa programs, and our services.

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Historic artifact smuggling is not defined in the Turkish Criminal Code. Smuggling is a general term used for a variety of contraband products, so some explanation is in order.  The smuggling crime mentioned here is defined in Act 2863 Law for Protection of Cultural and Natural Entities and is known as ‘historic artifact smuggling’ or ‘historic artifact trafficking’ by the public. It involves the illegal trade and smuggling of portable cultural products.

Smuggling of Historic Artifacts

Historic artifacts and cultural assets that comprise smuggling are as follows: All kinds of geologic, pre-historic and historic assets and artifacts with a value in terms of geology, anthropology, prehistory, archeology and art history in the form of documents or reflecting the social, cultural, technological and scientific properties of their period. In this sense, all kinds of animal and plant fossils, human skeletons, all kinds of tools, china, ceramics, and similar pots and pottery, sculptures, tablets, weapons, icons, glass artifacts, decorative items, jewelry, seals, masks, crowns, written or illustrated manuscripts, coins, sealed or written plates, books, miniatures, engravings, oil or watercolor paintings, orders, medals, china, soil, glass, trees, fabrics, and other portable items and their accouterments. Also, other cultural assets that reflect people’s social structure, human-made artifacts and tools, and scientific, religious, mechanical arts, and ethnographic assets are included in the same category. It is decided by experts in museums whether an artifact is historic or not. In other words, whether historic artifact smuggling is committed or not is decided with a report written by consultants.

Sale of Historic Artifacts

It is deemed in the law that anyone who breaches the law on purpose and without any justifiable excuse regarding unregistered cultural and natural assets will be sentenced from 6 months up to 3 years. The sale, purchase, or acceptance of unregistered cultural and natural assets constitutes historic artifact smuggling, punishable by a prison sentence between 2 and 5 years and a fine up to 5000 days. However, if the trafficking of unregistered cultural and natural assets is proven beyond a reasonable doubt, the punishment will be based on historic artifact smuggling, not also breaching the law against unregistered assets. If portable historic artifacts or cultural assets that can be traded with a permit are sold without a permit, this is also a crime punishable by a prison sentence from 6 months up to 3 years.

Cultural Assets and Trade of Historic Artifacts

It is deemed in Act 2863 that illegal transportation of cultural and natural assets is punishable by a prison sentence from 5 years up to 12 years and 5000 days in fines. As can be seen, legislators stipulated a much more severe punishment for the transportation of cultural assets and historic artifacts than trafficking in said artifacts.

Treasure Hunting and Sale of Historic Artifacts

As our legislation is rather restrictive and full of red tape; and also as people who find historic artifacts are not encouraged or incentivized, unfortunately, treasure hunts are not very common in our country.  Therefore, people interested in treasure hunts do it illegally most of the time and damage historic sites with the hopes of finding something of value. Also, treasure hunters are cited for historic artifact smuggling when they get caught.

Liability of Failure to Report Historic Findings

Those who find portable or immovable historic artifacts randomly or in their property have to report it in 3 days to the nearest museum or governorship office. If they fail to do so without a justifiable excuse,  they can be sentenced to a penalty from 6 months up to 4 years. If on top of the failure to report them, they also try to sell, give away or buy them, they can be sentenced from 2 to 5 years in prison and plus a fine. Since the punishment for this crime is quite severe, we advise those who are under investigation or on trial to get professional defense support by hiring a criminal defense attorney in Turkey.

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We are practicing as divorce lawyers in Istanbul for over 20 years, and we often have international divorce cases. Considering the Turkish Family and Divorce Law terms, we can say that there are mainly two types of divorce cases according to the Turkish Civil Law, contested and uncontested divorce cases. Contested divorces take much longer than uncontested divorces in Turkey. Moreover, the average cost of contested is more expensive, compared to uncontested divorce cases.

Types of Divorce in Turkey

1- Contested Divorce Cases

Contested divorce cases are more complicated and long-lasting cases. It generally takes at least 6 months to get a hearing date after opening a contested divorce case. Contested divorce cases can be filed on the grounds above by one of the spouses or their Turkish divorce lawyers. Contested divorce cases are more complicated and they may take time from 1 year to 5 years to be finalized in Turkey. Therefore, it is very critically important to select and hire a real divorce lawyer not to have any problem and not to waste time during the divorce process.

Grounds for Contested Divorce in Turkey 

According to the Turkish Civil Code, the reasons for a contested divorce are as follows:

1- Attempted murder, domestic violence, or humiliating behavior

2- Adultery

3- Committing crime or low-life

4- Desertion

5- Mental disease or illness.

6- Deterioration of marriage (severe marital conflicts)

According to the divorce statistics in Turkey, the most common ground for divorce is severe marital conflicts.

2- Uncontested Divorce Cases

Uncontested divorce cases take less time and it is the easiest and also the fastest way to get divorced in Turkey. In an uncontested divorce, an agreement on divorce and other divorce-related matters such as child custody and maintenance is adequate to file a divorce case, and it is not required to file any specific divorce ground. However, this type of divorce requires a few conditions: First, the marriage must have lasted at least 1 year, second both sides must agree on the divorce, child custody, and as well as maintenance and compensation. In other words, if the marriage has lasted for at least 1 year and if there is an agreement on divorce, child custody, and marital properties (financial affairs) between both sides, the divorce can be approved by the Judge after only one hearing. However, a divorce case becomes contested in case of any disagreement on maintenance, compensation, or child custody. Undoubtedly, an uncontested divorce is the fastest way to get divorced in Turkey as mentioned above, and it may take from 3 to 6 months in a standard way. However, as experienced divorce lawyers we can able to complete the whole uncontested divorce process in 1 week only.

Getting Divorced in Turkey

An uncontested divorce is the fastest way to get divorced in Turkey as mentioned above, and it may take 1 week to 6 months. If divorce motions and divorce agreements are prepared by an experienced Turkish divorce attorney, the divorce process will take less time undoubtedly.

Turkish Divorce Lawyer

Divorce cases, particularly contested divorce cases are one of the most complex civil law cases in Turkey. And if there’s an international aspect of the matter, the divorce process becomes more complicated and more time-consuming. In addition, As a result, it’s very important to find and hire an experienced English speaking Turkish divorce lawyer in Turkey for foreigners.

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Drug possession or drug use, a.k.a ‘drug crime’ is defined as purchase or acceptance of a narcotic substance according to the Turkish Penal Code.  Using drugs and drug dealing constitutes a crime in Turkey, just like in many other countries.  However, the Turkish Criminal Code designates a comparatively lighter punishment for drug possession than drug trafficking.

Drug Trafficking

As far as the commitment of the crime is concerned, there is no difference between a purchase of a drug or its acceptance free of charge; and it does not change the penalty.  The essence of drug-related crimes is whether there is an intention for individual use or not. Drug possession crime is committed if a person buys or accepts the narcotic substance for personal use only. If someone buys or accepts drugs with the intention to sell or give away instead of personal use, then we should consider Article 188 of the Turkish Penal Code, which is “Drug trade or drug trafficking.”

Drug Possession

The essence of this crime involves possession with the intent to use personally.  It does not make a difference in terms of the crime or the punishment whether the offender possesses drugs, at home, or in his/her car. What matters is that the offender has the drug in small enough amounts for personal use. If the offender possesses the substance to sell or give to others, it becomes ‘drug trade and drug trafficking’ according to Article 188 of Turkish Panel Code.

Drug Possession Penalties

Until amendments were made in 2014, the sentence for personal drug possession and use was stated as ‘from 1 year up to 2 years’. However,  it has been changed as ‘from 2 years up to 5 years’ with the Act 6545 implemented on June 18, 2014. In other words, contrary to the change of the approach on general legal

If a suspect is prosecuted for this crime, the prosecutor decides to suspend a criminal case for 5 years; and warns the suspect about the possible legal consequences of violations of bans and responsibilities during that time period. Also, the suspect is put on parole for at least one year. This period may be prolonged for another year every 3 months by the order of the prosecutor. During the parole period, the suspect may be asked to undergo treatment, if deemed necessary. If the suspect behaves in accordance with the required conditions of the parole and treatment and does not relapse into committing the same crime, no charges will be brought against him or her, leading to non-prosecution.

If the suspect persists in committing the same crime or does not fulfill his or her obligations during this 5 year period, the prosecution goes ahead and starts a public lawsuit. After the lawsuit started, if the defendant commits the crime of drug possession and personal use, the delaying procedure will not be implemented this time.  Alexander Patrick Solicitors is specialized in Criminal Law and gives legal counseling and defense for criminal investigations and criminal cases related to drug crimes.

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Migrant smuggling and human trafficking crimes are implemented in article 79 of the Turkish Penal Code. According to the Turkish Criminal Code,  migrant trafficking is defined as illegally transporting a foreign person into or out of the country or keeping them in the country for direct or indirect financial gain.  As can be seen from the definition,  migrant trafficking can be committed in one of two ways. First is by illegally transporting a foreign person into the country, and the second is keeping such an individual in the country. Therefore, the word ‘migration’ in the definition does not include legal migration status.

The most important component of migrant trafficking is material gain procured by the commitment of the crime. If there is no such material gain, aiding and abetting someone being transported into or out of the country will not constitute the crime. In a similar case, the Supreme Court made a verdict in 2014:“In the case at hand, the accused tried to transport his brother in law V and the brother of his friend M out of the country in his car and got caught at the border checkpoint in İpsala. There is not sufficient evidence beyond a reasonable doubt that the said accused perpetrated this act with the purpose of material gain. Therefore,  he will be acquitted of the said crime and the assigned court will be notified accordingly.  

Penalty for Migrant Smuggling

Regardless of how migrant smuggling is committed, it is punishable by a prison sentence from  3 years up to 8 years and a fine of up to 10,000 days. Even if migrant trafficking is not fully committed and is only attempted, the perpetrator will be punished to the full extent of the law. In case the victims of the crime who were illegally transported into or out of a country and forced to stay in a country where they may be in danger or subjected to humiliating treatment, the punishment will be increased by twofold or two-thirds of the punishment. Also, if migrant trafficking is committed as part of organized crime, the punishment will be doubled. As can be seen, if the migrant trafficking crime is proven, the court will issue a sentence of minimum 3 years in prison. In that case, the punishment will not be postponed, turned into fines or the announcement of the verdict will not be postponed. So, these perpetrators have to consult a professional specializing in this area, which constitutes a very serious crime.

Human Trafficking

According to Act 70 of the Turkish Penal Code, human trafficking involves forced labor, indentured servitude, prostitution, slavery, or intimidation, extortion, violence or threats in order to harvest organs, or abuse and misuse trust, influence or take advantage of and deceive people by way of preying upon their weaknesses or despair to smuggle people into or outside the country, kidnapping, transferring or harboring them. Although the crime resembles migrant trafficking in its definition, there is an important difference between them.

Penalty for Human Trafficking

Human trafficking is punishable by an 8 to 12-year prison sentence, and a fine calculated by 10,000 days.  As one might notice, human trafficking is a more serious crime than migrant smuggling; and its punishment is more severe. Even if the victim consents to the commitment of the crime, it still constitutes a crime in the eye of the law. Besides, if the victim is a minor, the perpetrator will be punished, just like in the crime of migrant trafficking, even if there has been no coercion, violence or deceit.

Attorney Orlando Atamer

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As an experienced cyber law expert and lawyer I have observed a specific type of blackmail,  which is called as “webcam blackmail“, “Skype blackmail“, “Skype scams” or “sextortion” for the last decade. We can say this crime is mainly committed on the internet by people particularly from Morocco, Ivory Coast, Philippines and as well as Turkey. They generally target male victims and because of that, they create fake female profiles on the internet and social media sites with fake photos and false information. They never choose a victim randomly, instead, they seek for a victim who looks wealthy and has an upscale good job like an engineer, pilot, architect or businessman. Therefore, they try to find wealthy victims by checking internet profiles on social media websites such as Facebook, Instagram or Linkedin.

Subsequently, when they make sure that they have found a “wealthy victim” they start to communicate with the victim by sending a “hello” message. After talking to the victim for a while, they invite the victim to Skype App to talk more, and after talking on Skype for some time, the suspect makes the victims watch a video of a woman taking her clothes off. After the strip video show, the suspect says, the victim should do the same thing. Because the victim sees a girl taking her clothes off, he feels comfortable with doing the same thing and he thinks he can do the same thing self-confidently. When the victim takes his clothes off and even does the things that the suspect asks him to do, his video is recorded by the suspect and at that time blackmail starts.

Skype Blackmail

After recording the video, the suspect shows it to the victim, then he threatens him by publishing the video on the internet, or sending the video to his family, friends, or boss. Sometimes they even say they will publish the video on the internet with some unpleasant scenarios, like child abuse…Skype scams are serious crimes, and the suspects of this crime mainly focus on pressurizing the victim. Their ultimate aim is to push the victim to pay money without giving him a chance to think about what he can do.

Video Blackmail and Webcam Scams

In addition to the cyber crimes committed via Skype (skype scam), another popular type of cybercrimes is blackmail over videos and webcam. And similar romance scams via Whatsapp and other instant messaging applications such as Tango, Viber etc. We experienced that suspects, particularly from Bulgaria, Ivory Coast, Morocco, Turkey, and Ukraine, have committed this crime in recent years.

How to prevent becoming a victim of this crime?

• Always keep in mind, anything you do on the internet, can be recorded.
• Never use a webcam to communicate with anyone you do not know.
• Pay extra attention while communicating with people you meet online.
• Be aware that people you meet online may not be who they seem to be.
• Always be suspicious of unusual friend requests, and do not accept.
• Do not reveal your personal details on the internet.

What we do to deal with Skype scam blackmail crimes?

As an experienced lawyer in computer crimes, I have handled many investigations and criminal cases related to Skype scam and Skype blackmail crimes for the last ten years, and I helped our clients from different countries to save them from being a victim of this crime. When you feel you are a victim of Skype Scams or Skype Blackmail you should collect all the evidence you can. You should take a screenshot of the suspect’s Skype profile and keep all chat records. And, if you have made any payment, keep the receipt. Then contact us via phone or e-mail. We will help you to get out of that difficult situation as we did for our previous clients.

Orlando Atamer (Attorney At Law)

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Buying property in Turkey

Turkey is one of the best countries in the world for investment in property. House prices in Turkey are always increasing rapidly and property investors profit both selling and renting their properties. However, buying a property is the most expensive transaction for most people and it essential for both buyers and sellers to get professional legal assistance before transaction and during buying/selling processes. Turkey has a complicated property law and it is being changed and updated regularly. Because of this fact, we recommend everyone who wishes to buy or sell property in Turkey to get professional legal support.

Sales and purchase contracts

Contracts are the main legal document and the basic evidence of buying or selling property process. The terms of contracts are very critical. Buyers may face serious legal problems or disputes in case of missing or incorrect terms in contracts.

Some construction companies, even big and famous ones,  use contracts that focused on only protecting the right of the seller. You had better get a legal service or at least consultation from a property lawyer before you sign any kind of contract or document.

Turkish Property Law have special contract formations so any contract prepared in a wrong format might be totally insufficient.

Warranties in sales contracts are very critical and in case of an defect in the property gives the buyer a contractual right to sue for damages if there is a breach of the warranty.

Termination of contract is another critical section of contracts. Generally and unfortunately, construction companies do not give buyers to terminate the contract in any condition while they are building or negotiating contracts. We highly recommend our clients to change those conditions before signing  contracts.

Transaction in property registration offices

Perhaps the most crucial part of buying property process is the signing the official contract in property registration office. In case of any missing or incorrect terms in contract may result severe legal problems. Therefore having a legal assistance is very important before buying a property and before signing any kind of contract related to property law.

 Alexander Patrick

Property Lawyer

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Turkey is one of the best countries in the world for investment in property. House prices in Turkey have been increasing rapidly and property investors profit both while selling and renting their properties. However, Turkey has a complicated property law and it is being changed and updated regularly. Because of this fact, we recommend everyone who wishes to buy or sell property in Turkey to get professional legal support.

Property scams and property fraud crimes have increased in Turkey particularly in the last decade. Thousands of foreign people have bought properties in Turkey, especially in Istanbul, as an investment. Because of the housing bubble and as well massive demand for new properties, builders and construction companies started to sell properties before they start to build the project. The prominent problem in the Turkish real estate sector is that some construction companies cannot complete their projects because of some financial reasons. Thus, buyers sometimes cannot obtain the property they made payment for.

How to Avoid Real Estate Scams

House inspection is the primary way to avoid property scams and real estate frauds because, in Turkey, there is limited legal protection for real estate buyers, particularly for international buyers. Therefore it is very important to have a sale/purchase agreement with correctly worded conditions. We recommend you telephone or email us before you sign any sale/purchase agreement. We can then ensure that the agreement gives you the required protection. After the signing of the purchase agreement, we will work with you to ensure that all the appropriate checks are made.

Alexander Patrick Solicitors and our legal team deal with all aspects of residential or commercial conveyancing in Turkey. We aim to find fast and practical solutions and to meet all of our client’s objectives and to protect the rights of the people we represent.

The legal services we provide are structured into three main streams:

• Consultation, which provides transactional and regulatory advice.
• Analysis, checking and overseeing titles and documents.
• Litigation, focusing on litigation and dispute resolution.
• Criminal case handling in case of a fraud or scam

Alexander Patrick Solicitors is mainly specialized in real estate law and criminal law. We have vast experience in real estate law and we provide solutions for all kinds of legal matters regarding real estate law.

We practice in all aspects of residential or commercial property transactions.

We provide legal advice and legal services:

• Buying a Property
• Sale of Property
• Purchase of Property
• Real Estate Frauds
• Property Scams

Buying a Property in Turkey

In Turkey, there is limited legal protection for real estate buyers (particularly international buyers). Therefore it is very critical and important to have a sale/purchase agreement with correctly worded conditions. We recommend you telephone or email us before you sign any sale/purchase agreement. We can then ensure that the agreement gives you the required protection. After the signing of the purchase agreement, we will work with you to ensure that all the appropriate checks are made.

Selling a Property in Turkey

When selling an apartment, the seller should not give the purchasers the opportunity to claim compensation or to claim that the title or the property is defective. If you telephone or email us, we can check all these matters when you sell your property or before signing a sale agreement.

Please contact us to learn more about the services we provide as property and real estate lawyers.

Alexander Patrick

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