Proceedings Against Fugitive Defendants in Turkey: The Amendment of CCrP Article 247 and Reopening of Trial

In criminal proceedings, the defendant's presence at the hearing is the rule. But does the trial stop if the defendant is hiding or abroad and cannot be reached by the court? This is regulated in Article 247 of the Code of Criminal Procedure (CCrP), which was amended again by Law No. 7589 of 31 July 2026. This article sets out the legal framework for proceedings concerning fugitive defendants and the new regulation.

1. Who is a fugitive? (CCrP Art. 247/1-2)

A person who is hiding in the country or is abroad in order to make the investigation or prosecution against them fruitless, and who therefore cannot be reached by the public prosecutor or the court, is called a fugitive. Where, for certain offences listed in the law (CCrP Art. 248/2), a compulsory-attendance order issued after a suspect or defendant failed to comply with a proper notification cannot be executed, the summons is announced in a newspaper and posted on the door of the known residence. A person who does not come forward within fifteen days of the record of these steps is declared a fugitive.

2. The new rule: proceedings may be conducted against a fugitive defendant (CCrP Art. 247/3)

The new third paragraph contains three principles:

• Prosecution may proceed. Proceedings against a fugitive defendant may be continued in the defendant's absence.
• The interrogation requirement: If the defendant has not previously been interrogated, no conviction and no decision of no penalty may be issued. Where the fugitive defendant has been interrogated, these decisions may be issued in absentia.
• Reopening of trial: Where a security measure is ordered, the fugitive defendant or defence counsel may request reopening of the trial, stating that they wish to exercise the right of defence.

Under the fourth paragraph, in cases where a hearing is held and the fugitive defendant has no defence counsel, the court requests the bar association to appoint a lawyer. The defendant is thus not left without a defence even in absentia.

The former third paragraph had been annulled by the Constitutional Court's decision of 22.03.2023, E.2022/145, K.2023/59. The article was reorganised by Law No. 7499 in 2024 and took its present form with Law No. 7589 in 2026.

3. Measures that may be applied to a fugitive (CCrP Art. 248)

In order to make the fugitive apply to the public prosecutor or attend the hearing, for the offences listed in the law:

• Assets, rights and receivables in Türkiye may be seized, proportionately to the aim, and a trustee appointed to administer them where necessary. The decision is notified to defence counsel.
• An arrest warrant in absentia may be issued against the fugitive.
• An objection may be lodged against the seizure and other measures; when the fugitive is caught or surrenders voluntarily, the seizure is lifted.
• When seizure is ordered, the trustee may be permitted to provide proportionate assistance from the seized assets to relatives the fugitive is legally obliged to support, so that they do not fall into poverty.

4. The general rule: a defendant who is not present (CCrP Art. 193)

Under CCrP Art. 193, subject to exceptions provided by law, no hearing is held against a defendant who is not present; a defendant without a valid excuse for absence may be brought by force. If, on the evidence collected, it is concluded that a decision other than conviction, no penalty or a security measure should be given, the case may be concluded in absentia even if the defendant has not been interrogated. Article 247 is the special rule for fugitives within this general framework.

5. Other amendments to the CCrP made by the same Law

• Objection by the Chief Public Prosecutor of the Court of Cassation (Art. 308): Against all decisions of the criminal chambers of the Court of Cassation, except decisions determining the competent court and declining jurisdiction, the Chief Public Prosecutor may object to the Criminal General Assembly within three months of the date the file is delivered; no time limit applies to objections in favour of the defendant. The defendant, those entitled to appeal on the defendant's behalf, the intervening party and the injured party may also submit a request. This amendment applies to files delivered after its entry into force.
• Genetic analysis results (Art. 80): Results are recorded in a separate system stripped of identity data; they are destroyed immediately once an acquittal or a decision of non-prosecution becomes final, and otherwise twenty years after the judgment becomes final.

Conclusion

The new regulation allows proceedings against a fugitive defendant to continue while including two safeguards for the right of defence: no conviction may be issued in the absence of a defendant who has not been interrogated, and a request to reopen the trial is available where a security measure is ordered. Persons who have been or may be declared fugitives should keep their notification addresses up to date and pay attention to the fifteen-day period following a public summons. Objection against fugitive decisions is available; since time limits are short, action should be taken immediately.

This article is provided for general information purposes only and does not constitute legal advice. Legal support is recommended for specific disputes.