Jurisdiction of the High Criminal Court

The jurisdiction of the High Criminal Court

The jurisdiction of Türkiye’s High Criminal Court is determined by statute, not by perceptions of how serious an offence is. Article 12 of Law No. 5235 is the principal provision. The statutory penalty, expressly listed offences and transitional rules must be considered together.

This article outlines the court’s jurisdiction and the procedural stages of cases before it.

The main jurisdiction rules

Articles 12 and 14 of Law No. 5235 refer to the statutory maximum penalty and express allocations of jurisdiction. The principal criteria are:

1. Penalty: offences carrying aggravated life imprisonment, life imprisonment or a statutory maximum exceeding ten years fall within the High Criminal Court’s jurisdiction, subject to special statutory allocations. The test is not a minimum sentence of ten years.
2. Express allocation: the law assigns certain offences specifically to this court. Jurisdiction is not determined by a general assessment of an offence’s social impact.

Examples and distinctions

The following examples require attention to the precise statutory offence:

• Intentional killing: the basic offence and its aggravated forms, including premeditated killing.
• Aggravated fraud: Law No. 7571 removed Article 158 of the Criminal Code from the specific list in Article 12 of Law No. 5235, effective 25 December 2025. Transitional Article 7 preserves the former jurisdiction rules for cases already before a High Criminal Court or under appeal or cassation review on that date. The date and procedural stage of the case therefore matter.
• Robbery: Taking property by force or threat.
• Offences against state security: including specified offences against the constitutional order, territorial integrity and involving armed organisations.
• Manufacture and trafficking of narcotic drugs and stimulants: Offences involving the production, sale or trade of these substances.
• Embezzlement, extortion by a public official and bribery are distinct offences. Jurisdiction requires examination of the relevant offence, statutory penalty and any specific allocation.
• Forgery of an official document: the specific allocation concerns forgery by a public official under Article 204(2) of the Criminal Code. Not every allegation involving an official document automatically belongs before the High Criminal Court.

The High Criminal Court sits as a panel of three judges: a presiding judge and two members.

Proceedings and legal assistance

Defence work depends on the allegation, evidence, interim measures and available remedies. A lawyer’s role may cover procedural work from the investigation through appeal.

• Investigation stage: An investigation begins when a suspicion of an offence comes to light. Understanding the rights of suspects, victims and complainants, and ensuring that statements are properly taken, are important to the assessment of the case.
• Trial stage: Once the indictment is accepted, the court considers the defence, the evidence presented and the parties’ legal arguments.
• Appeal and cassation: A judgment considered unlawful may be challenged through the applicable appeal or cassation procedure.

Jurisdiction and available remedies depend on the circumstances of the case and the procedural steps already taken.

In proceedings before a High Criminal Court in Antalya, the lawyer handles defence work and procedural steps according to the circumstances of the case.