Article 13 of the Turkish Penal Code (TPC) outlines the types of crimes under Türkiye’s absolute jurisdiction. Accordingly, for the crimes listed below, Turkish laws will apply if committed abroad by a citizen or a foreigner:
a) Crimes listed under the Second Book, First Part,
b) Crimes listed in the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Sections under the Second Book, Fourth Part,
c) Torture (Article 94, 95),
d) Deliberate environmental pollution (Article 181),
e) Manufacturing and trading of drugs or stimulants (Article 188), facilitating the use of drugs or stimulants (Article 190),
f) Counterfeiting money (Article 197), producing and trading tools for making counterfeit money and valuable stamps (Article 200), forging seals (Article 202),
g) Prostitution (Article 227),
i) Hijacking or holding hostage of maritime, railway, or air transport vehicles (Article 223 paragraph 2, 3), or damaging these vehicles (Article 152).
(2) Except for those listed in the Third, Fourth, Fifth, Sixth, and Seventh sections under the Second Book, Fourth Part, conducting a trial in Türkiye for crimes falling under the first paragraph is subject to the request of the Minister of Justice.
(3) Even if a foreign country has issued a conviction or acquittal for crimes listed in (a) and (b), a trial will be conducted in Türkiye upon the request of the Minister of Justice.
The aforementioned crimes, to which the principle of universality applies, will be prosecuted in Türkiye regardless of where and against whom they were committed, or who committed them.
To ensure the punishment of crimes against humanity’s common values and a state’s common interest and security and to uphold universal justice, the principle of universality allows for the initiation of legal proceedings based on a principle (universality) outside the principles of territoriality, nationality, and reality, either by international community (treaty, customary law, etc.) or by the relevant legislation. In line with the principle of universality, perpetrators of the listed crimes are subject to punishment according to Turkish Laws, regardless of whether they are Turkish citizens or foreigners.
For these crimes committed in a foreign country, prosecution in Türkiye is initiated ex officio, and crimes falling under Türkiye’s absolute jurisdiction according to TPC Article 13 are investigated ex officio by the prosecution.
