Taking Over Enforcement of a Foreign Criminal Sentence in Turkey: Law No. 6706 Article 26 and Execution Transfer

1. Execution transfer gives effect to a foreign conviction in Turkey

The foreign judgment remains the source of the conviction. Türkiye accepts responsibility for carrying out the sentence under its legal framework.

This requires a formal cooperation decision, not merely presentation of a foreign judgment to a Turkish prison.

The mechanism can apply where a person with meaningful connection to Türkiye is in Türkiye and the foreign state seeks execution.

2. Article 26 is distinct from civil recognition/enforcement

MÖHUK foreign-judgment enforcement applies to civil rights. Criminal sentence execution uses Law No. 6706.

A foreign prison sentence or criminal fine cannot be executed through ordinary civil tenfiz.

The legal petition must therefore identify the criminal cooperation statute.

3. The sentenced person must have the Turkish connection required by the statute

The Ministry commentary explains that presence in Türkiye is intended to reflect a meaningful connection such as residence, work or social ties rather than a purely temporary visit.

The exact Article 26 conditions should be checked from the current text.

Identity, residence and social-connection records should be supplied.

4. The foreign conviction must be final

Execution cannot be based on an unresolved accusation. The foreign judgment must have reached the finality required by the statute.

Obtain the final judgment and finality certificate.

If an ordinary foreign appeal remains open, execution-transfer timing can be premature.

5. Double criminality is central

The underlying conduct must satisfy the applicable Turkish criminality condition.

The court compares conduct rather than insisting on identical offence names.

Foreign statutory text and factual reasoning should be translated accurately.

6. The sentence must be capable of Turkish execution

The Turkish system cannot execute a punishment fundamentally unknown or incompatible with domestic legal principles without the statutory adaptation process.

The competent Turkish court determines the execution consequence within Article 26 and related provisions.

Human-rights and public-order safeguards remain relevant.

7. The Ministry is central authority

The foreign state sends the execution request through the applicable channel. The Ministry reviews the cooperation file and forwards it for the Turkish judicial determination required by law.

Private persons cannot directly command execution.

The treaty, if any, should be identified.

8. The Turkish court does not retry guilt

The execution-transfer proceeding is not a new criminal merits trial.

The court examines legal conditions for taking over execution and determines the Turkish execution framework.

Foreign factual guilt is not re-litigated merely because the person disagrees with the conviction.

9. Public order and fundamental rights remain safeguards

Türkiye is not required to execute a foreign punishment in a manner incompatible with fundamental Turkish constitutional/criminal principles.

Human-rights concerns should be raised with concrete evidence.

Differences in foreign sentencing practice alone do not always defeat cooperation.

10. Time already served must be credited as required

The execution calculation should include detention and sentence time already served abroad where the legal framework requires credit.

Obtain official prison records.

Incorrect credit can materially alter the release date.

11. Judicial fines and other sanctions need classification

Foreign criminal judgments can contain imprisonment, fines, confiscation and civil compensation. Each component can follow a different cooperation rule.

Do not assume all monetary orders are executed identically.

Civil compensation can also engage MÖHUK Article 50(2).

12. Confiscation has a separate international cooperation dimension

Asset confiscation can require mutual assistance and enforcement rules beyond ordinary custodial execution.

The property location and third-party ownership can matter.

Asset measures should be reviewed separately.

13. The person can be represented in the Turkish execution-transfer proceeding

Turkish counsel can review the foreign judgment, cooperation request and domestic execution calculation.

Interpretation should be provided where the person cannot understand Turkish.

Personal appearance depends on the procedural stage.

14. The sentence execution regime becomes a Turkish-law issue after transfer

Once Türkiye accepts execution, prison administration, conditional release and other execution questions are governed by the Turkish execution decision and applicable law/treaty.

The person should obtain a formal sentence calculation.

Foreign expectations about release do not replace Turkish execution rules.

15. New foreign decisions must be communicated

If the foreign conviction is later annulled, reduced or pardoned, the Turkish execution file must be updated through official channels.

An informal foreign news report is not enough.

Certified judicial confirmation is needed.

16. Execution transfer can interact with extradition

Where extradition is refused because the person is a national or has another protected status, execution transfer can sometimes be considered as an alternative under treaty law.

The two procedures should be coordinated.

Refusal of one does not automatically compel acceptance of the other.

17. Evidence and translations should be audited before acceptance

The foreign judgment, finality, statutory text, identity and sentence calculation should be internally consistent.

Translation errors in offence or sentence terminology can produce serious execution mistakes.

Use official records.

Conclusion

Taking over execution of a foreign criminal sentence is a formal criminal-cooperation process under Law No. 6706. It requires a final foreign judgment, statutory conditions, central-authority handling and a Turkish judicial execution decision.