The transfer of criminal proceedings is a legal mechanism that allows a state to transfer the investigation or prosecution of a criminal case to another country. This procedure plays a significant role in international cooperation, particularly in cases involving cross-border crimes, suspects residing abroad, or difficulties in extradition.

Legal Framework in Turkey

Turkey is a party to the 1972 European Convention on the Transfer of Proceedings in Criminal Matters, which lays out the conditions under which a country may request or agree to take over a prosecution from another state. In Turkish domestic law, the process is governed by Law No. 6706 on International Judicial Cooperation in Criminal Matters, which entered into force in 2016.

Articles 23 to 25 of Law No. 6706 regulate the transfer of both investigations and prosecutions to and from Turkey. The law is designed to align with international treaties while also setting out procedural safeguards and jurisdictional limits in accordance with the Turkish legal system.

Conditions for Transfer

A request to transfer criminal proceedings may be considered under certain circumstances, including but not limited to:

• The suspect is a citizen or habitual resident of the requested state.

• The suspect is already being prosecuted or serving a sentence in the requested state.

• The alleged offence occurred wholly or partly in the requested state.

• The transfer would assist in securing evidence or witness testimony.

• The transfer would facilitate social reintegration of the suspect in case of conviction.

• The requesting state is unable to ensure the suspect’s presence at trial.

According to Turkish law, transfers are not permitted for minor offences carrying a maximum penalty of less than one year’s imprisonment, or in cases where the legal conditions for dual criminality are not met.

Procedural Aspects

The Ministry of Justice serves as the central authority for processing transfer requests. The procedure involves formal communication between judicial authorities, typically under the framework of bilateral or multilateral agreements.

In cases where no treaty exists, the principle of reciprocity may apply, provided that fundamental procedural rights are observed.

If a transfer request is accepted by Turkey or submitted to a foreign state, the proceedings will continue under the laws of the receiving country. The requesting state loses its jurisdiction once the transfer is completed.

Relevant Legal Principles

• Dual criminality: The act must constitute a criminal offence in both jurisdictions.

• Ne bis in idem: A person may not be prosecuted for the same act in multiple jurisdictions if a final judgment has already been rendered.

• Territoriality and nationality principles: These continue to guide Turkey’s jurisdictional scope under the Turkish Penal Code.