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Can a Foreigner Convicted in Türkiye Serve His Sentence in His Own Country? Convict Transfer and Transfer of Sentence Law No. 6706 on International Judicial Cooperation in Criminal Matters, between Articles 26 and Article 33, was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
A foreign convict with a final sentence in Türkiye may request transfer to serve the remaining part of his sentence in his own country, within the framework of the provisions of Law No. 6706 regarding the transfer of execution and the agreements to which Türkiye is a party. The same provisions are also important for the transfer of Turkish citizens convicted in a foreign country to Türkiye. Transfer is not an automatic right; The acceptance of the relevant states, the situation of the convict and the terms of the agreement are evaluated together.
What is Convict Transfer?
Convict transfer means that a person convicted in a state serves the remainder of his sentence in the state of which he is a citizen or resident. The aim is to facilitate the reintegration of the convict into society by preserving his family and social ties. Law No. 6706 regulates the execution transfer and transfer rules for this process. Türkiye can also make the transfer possible through bilateral and multilateral agreements. Which agreement applies depends on the nationality of the convict.
What are the General Conditions for Transfer?
In terms of law and agreements, the following topics are generally examined in a transfer request:
The conviction has become final.
The convict must consent to the transfer. Consent must be given with free will.
The remaining period of the convict's sentence is at the level required by the agreement or the law.
The act is considered a crime in the state where transfer is requested. The scope of this requirement may vary depending on the agreement.
The states that gave the verdict and will undertake the execution must accept the request.
The details of each condition should be checked against the text of the law and the provisions of the relevant agreement. What is listed here is a general framework. Reasons such as a short-term sentence in the concrete file, the nature of a serious crime, or the person having another trial may make transfer difficult.
How to Apply?
The application can be made through the penal institution where the convict is located or through his lawyer. The request is evaluated by the Ministry of Justice. Required documents include the final judgment of conviction, the document showing the execution status, identity and nationality information and the written consent of the convict. The request is forwarded to the competent authority of the state to be sent, and that state must accept it. The duration of the process varies by country and file. It is not possible to give an exact timetable.
How Does Execution Work After Transfer?
How the penalty will be applied after the transfer depends on the agreement and the law of the receiving state. In some systems, the punishment continues as it is, in others it is adapted to the law of the receiving state. Conditional release and execution reductions may differ within this framework. For this reason, before a transfer decision is made, the outcome of the convict must be evaluated legally. A transfer does not correct errors in judgment. Objections regarding legal remedies against the decision and enforcement law are subject to separate applications.
A deportation decision may be taken for a foreign convict after execution. Transfer and deportation are different legal methods. While transfer of execution allows the convict to complete his sentence in his own country, deportation is an administrative procedure and may result in an entry ban. How both paths interact together must be evaluated on a file-by-file basis.
deported It is a separate administrative procedure and should be evaluated together.
Case Summary Form: Fictional example: A foreign convict who was convicted of a crime in Türkiye and whose sentence has become final, wants to serve the remainder of his sentence in the country where his family lives. The convict's family does not know how to request a transfer. Process: The lawyer examines the nationality of the convict, the finalization of the conviction, the remaining sentence period and the valid agreement. A consent document is prepared and the application is made through the institution. Result: If the request results in acceptance by both states, the transfer can take place. If it is not accepted or the conditions are not met, the sentence is executed in Türkiye. The result cannot be guaranteed.
Is a foreign convict always transferred to his home country?
No. For transfer, the convict's consent, the conviction must be finalized, and the acceptance of both states is required. The terms of the agreement are also examined.
Who applies for transfer?
Applications can be made through the convict, his lawyer or his family. The request is evaluated by the Ministry of Justice.
Does the transfer erase the entire sentence?
No. The transfer determines where the remaining sentence will be served. How the punishment will be applied later depends on the agreement and the law of the receiving state.
Is the sentence shortened after transplantation?
The time may vary as execution rules are different in some systems, but this cannot be guaranteed. A special review of the file is required.
Does the transfer prevent the deportation decision?
Transfer and deportation are different processes. Depending on the situation of the convict, both may come to the agenda together.
If a Turkish citizen is convicted abroad, can he be transferred to Türkiye?
The same laws and agreements are also important for the transfer of Turkish citizen convicts to Türkiye. Conditions are determined according to the agreement made with the foreign state.
Not investigating the results of the transplant before giving consent.
Failure to check the applicable agreement and the conditions regarding the nationality of the prisoner.
Submitting incomplete documents showing the finalization and execution status.
Planning a transfer without taking into account the deportation decision.
Confusing legal remedies and execution objections with a transfer request.
Convict transfer, when applied at the right time and with the right documentation, can help the inmate maintain family ties. However, conditions vary depending on the agreement and the file. Küheylan Law Firm provides legal support in the preparation of transfer requests of foreigners convicted in Türkiye, in execution law applications and in their evaluation together with deportation processes.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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