According to Article 16 of the Turkish Penal Code, “Regardless of where the crime was committed,
the period spent in custody, under supervision, detained, or imprisoned in Turkey for the same crime
shall be deducted from the sentence to be imposed for acts leading to the restriction of liberty in a foreign country.” For this provision to apply, it is irrelevant where the crime leading to the restriction of liberty was committed. It does not matter whether it was committed in Turkey or in a foreign country;
Article 16 may be applied. For this, a conviction must have been handed down in Turkey for a crime committed anywhere, and a sentence must have been imposed. In cases where a sentence can be imposed and executed in Turkey, the periods during which the foreigner’s liberty was restricted shall be deducted from this sentence. However, in cases where a sentence has been imposed in Turkey but not executed, no deduction shall be made. No deduction shall be made for sentences other than criminal convictions. Pursuant to Article 16 of the Turkish Penal Code, the restriction of liberty must have occurred within the country. If an investigation and prosecution are conducted in Turkey for a crime committed in a foreign country or in Turkey, and liberty is restricted, this provision applies.
The provision is not Article 16, but Article 63, which is another deduction regulation. Pursuant to Article 16 of the Turkish Penal Code, the restriction of liberty must have occurred within the country. For a crime committed in a foreign country or in Turkey, if the investigation and prosecution are conducted in Turkey and liberty is restricted, this provision applies. The provision is not Article 16, but Article 63, which is another deduction regulation. Pursuant to Article 16 of the Turkish Penal Code, a deduction may be made from the liberty in the foreign country.
The act leading to the restriction must be the same as the act tried in Turkey. For acts arising from the same act, the person whose liberty was restricted in a foreign country must therefore have been convicted in Turkey. If one of the acts has resulted in a restriction of liberty in a foreign country and the other has resulted in a conviction in Turkey, no reduction shall be made. The periods of liberty restriction for which a reduction may be made are periods of detention, supervision, arrest, or imprisonment. The reduction procedure is mandatory under Article 16. There is no need to request it. The reduction must be made ex officio.