Drunk at Istanbul Airport: The Fine and When It Becomes a Crime

1. Being Drunk Is Not the Offence: Law No. 5326 Article 35

The starting point is the definition. Under Law No. 5326 Article 2(1), a misdemeanour (kabahat) is a wrongdoing for which the law provides an administrative sanction in return. It is a different category from a crime (suç), which is defined in the Penal Code and other criminal laws.

Law No. 5326 Article 35(1) — drunkenness (sarhoşluk). A person who, while drunk, behaves in a way that disturbs the peace and quiet of others is given an administrative fine by law enforcement officers (kolluk görevlileri). The person is also kept under control until the effect of drunkenness passes.

Three points follow from the wording.

First, the text does not punish being drunk as such. The element the law requires is behaviour that disturbs the peace and quiet of others. A traveller who has been drinking and is sitting quietly at a gate is not described by this sentence. A traveller who is drunk and shouting at other passengers, blocking a walkway or causing a disturbance in a seating area may be.

Second, the decision is taken by law enforcement officers, not by a court. The fine is an administrative sanction. A court becomes involved under this Law if the person applies against the fine (Section 3).

Third, the second sentence adds a measure that is not a fine: the person is kept under control until the effect of drunkenness passes. The sentence links the end of this measure to the effect of drunkenness passing, and does not set a fixed period. How the measure was carried out in a particular case is a question of the facts and of what the officers recorded.

The amount. Article 35 states a fixed amount of administrative fine. That figure is not today's figure. Under Law No. 5326 Article 17(7), administrative fines are applied increased every calendar year by the revaluation rate determined and announced under the Tax Procedure Law, effective from the start of each year. The amount is therefore set by law and revalued every year, and this guide does not quote a lira figure.

2. Noise, Disobeying an Order, and More Than One Misdemeanour

A loud evening in a terminal can raise more than one provision of Law No. 5326. Three are relevant here.

Law No. 5326 Article 36(1) — noise (gürültü). A person who causes noise in a way that disturbs the peace and quiet of others is given an administrative fine. Under Article 36(3), the decision on the fine is taken by law enforcement or municipal police officers (zabıta). Unlike Article 35, this provision does not require the person to be drunk.

Law No. 5326 Article 32 — acting against an order. Under Article 32(1), a person who acts against an order given lawfully by competent authorities for judicial procedures, or to protect public security, public order or general health, is given an administrative fine, and the decision is taken by the authority that gave the order. Article 32(2) is the important limit: the article can be applied only where the relevant law contains an express provision to that effect. Article 32 is therefore not a general rule for every instruction given in a terminal; whether it applies depends on another law referring to it.

Law No. 5326 Article 15 — more than one misdemeanour, or a misdemeanour that is also a crime. Under Article 15(1), where one act commits more than one misdemeanour and the definitions provide only for administrative fines, the heaviest administrative fine is given. Under Article 15(3), where an act is defined both as a misdemeanour and as a crime, a sanction can be applied only for the crime; where a sanction for the crime cannot be applied, the sanction for the misdemeanour is applied. This is the hinge between the first half of this guide and the second: once the facts amount to a crime, the case is dealt with as a crime.

3. Paying the Fine or Challenging It: Articles 17, 27, 28 and 31

A traveller who receives an administrative fine has two decisions to make: whether to pay, and whether to challenge. Law No. 5326 lets them do both.

Paying

Law No. 5326 Article 17(6). The public officer who imposes an administrative fine for a misdemeanour collects it immediately themselves if the person concerned consents. Where the relevant law does not set a payment period, the administrative fine is paid within one month of its notification. If it is paid within the payment period, a 25% reduction is made. Paying does not affect the person's right to apply for a legal remedy against the decision.

The last sentence matters for a traveller who wants to leave Türkiye with the matter settled but believes the fine was wrong: under Article 17(6), paying within the period and challenging the decision are not alternatives.

Challenging

Law No. 5326 Article 27(1). An application against an administrative fine may be made within fifteen days at the latest from the date of notification (tebliğ) or announcement (tefhim) of the decision, to the court the statute names: the sulh ceza mahkemesi. If no application is made within this period, the administrative sanction decision becomes final.

Law No. 5326 Article 27(2). If the period was missed because of force majeure (mücbir sebep), the application may be made within seven days at the latest from the date the cause ends. This application does not prevent the decision from becoming final, but the court may stop its enforcement.

Law No. 5326 Article 27(3). The application is made in person, by the legal representative or by a lawyer, with a petition given to the court. The petition is given in two copies.

Law No. 5326 Article 27(4). The petition sets out clearly the information about the administrative sanction decision and the evidence relied on against it; it also states the grounds of any force majeure that prevented a timely application.

Law No. 5326 Article 28(8). At the end of the examination, the court decides either to reject the application, because the decision is lawful, or to lift the administrative sanction decision, because it is unlawful.

Law No. 5326 Article 31(1). The application against an administrative sanction decision is not subject to a court fee. Under Article 31(2), the costs of the remedy and the attorney's fee are paid by the party whose application or defence is rejected.

For a traveller who has already flown home, Article 27(3) is the practical point: the application may be made by a lawyer, so being abroad does not by itself close the route. The fifteen-day period still runs from notification or announcement.

4. Misdemeanour or Criminal Case? The Two Routes Side by Side

The same evening can be handled on one of two routes. The table sets out the text of the law for each; which route applies is decided on the facts.

5. When the Evening Becomes a Criminal Case

Article 35 of Law No. 5326 describes drunken behaviour that disturbs others. Intentional injury, force or threats against an official, and insult are defined as crimes in the Penal Code, and under Article 15(3) of Law No. 5326, where an act is both a misdemeanour and a crime, a sanction can be applied only for the crime. This section sets out the provisions most likely to be raised in a terminal incident. Which provision applies, if any, is assessed by the prosecutor and, if a case is opened, by the court.

Alcohol is not a defence: TCK Article 34

TCK Article 34(1) provides that no penalty is given to a person who, because of a temporary cause, or because of alcohol or drugs taken involuntarily, could not perceive the legal meaning and consequences of the act, or whose ability to direct their behaviour in relation to the act was significantly reduced.

TCK Article 34(2) provides that the first paragraph does not apply to a person who commits an offence under the influence of alcohol or drugs taken voluntarily.

The consequence for a traveller is direct. Under Article 34(2), "I had been drinking" or "I do not remember" does not bring a person within the exclusion of punishment in Article 34(1) where the drinking was voluntary.

Injury: TCK Article 86

TCK Article 86(1). A person who intentionally causes pain to another person's body, or causes their health or perception to be impaired, is punished with imprisonment of one year six months to three years.

TCK Article 86(2). Where the effect of the intentional injury on the person is light enough to be removed by simple medical intervention, the penalty is imprisonment of six months to one year six months or a judicial fine, on the victim's complaint.

TCK Article 86(3)(c). Where the intentional injury is committed because of the public duty the person performs, the penalty is increased by half, without a complaint being required.

Conciliation (uzlaştırma) is relevant to injury. Under CMK Article 253(1)(b)(1), intentional injury is in the list of offences for which conciliation is attempted, except for TCK Article 86(3). An injury to an officer because of their duty falls under Article 86(3)(c), and so is outside that entry in the list.

Force or threats against an officer: TCK Article 265

TCK Article 265(1). A person who uses force or threats against a public official in order to prevent them from performing their duty is punished with imprisonment of six months to three years.

The elements in the text are force or threats, and the purpose of preventing the official from performing the duty. TCK Article 265(5) adds that if the aggravated consequences of intentional injury occur during this offence, the provisions on intentional injury are also applied.

Insult: TCK Article 125 and CMK Article 253(3)

TCK Article 125(1). A person who attributes to someone a concrete act or fact capable of offending their honour, dignity and reputation, or who attacks a person's honour, dignity and reputation by swearing, is punished with imprisonment of three months to two years or a judicial fine.

TCK Article 125(3)(a). Where insult is committed against a public official because of their duty, the lower limit of the penalty cannot be less than one year. Under TCK Article 125(4), where insult is committed publicly, the penalty is increased by one sixth.

CMK Article 253(3). Even where the investigation and prosecution depend on a complaint, conciliation cannot be used for the offence of insult (Article 125).

A traveller who swore at officers or at other passengers in a crowded terminal should know that, under CMK Article 253(3), the conciliation route available for some other offences is not available for insult.

6. If the Police Take a Statement: CMK Articles 147 and 202

If the matter moves from the misdemeanour route to a criminal investigation, the traveller may be asked to give a statement as a suspect. The Code of Criminal Procedure sets out what must happen.

CMK Article 147(1) provides, among other things, that when a suspect's statement is taken:

1. The suspect's identity is established, and the suspect is obliged to answer questions about their identity truthfully (Art. 147(1)(a)).
2. The offence attributed to them is explained (Art. 147(1)(b)).
3. They are told that they have the right to choose defence counsel and benefit from their legal help, and that counsel may be present during the statement; if they cannot choose counsel and want one, counsel is appointed by the bar (Art. 147(1)(c)).
4. A relative of their choice is informed without delay that they have been apprehended, subject to Article 95 (Art. 147(1)(d)).
5. They are told that they have the legal right not to make a statement about the offence attributed to them (Art. 147(1)(e)).
6. They are reminded that they may ask for concrete evidence to be collected to clear the suspicion, and are given the opportunity to remove the grounds of suspicion and put forward points in their favour (Art. 147(1)(f)).
7. The statement is recorded in a written record, which states among other things whether the steps above were carried out, and that it was read and signed; if the person refuses to sign, the reasons are written (Art. 147(1)(i)).

CMK Article 202(1) and (3). Where a person does not know Turkish well enough to express themselves, the essential points are translated through an interpreter, and this rule also applies to suspects, victims and witnesses heard in the investigation stage; at that stage the interpreter is appointed by the judge or the public prosecutor. Under CMK Article 324(5), the costs of an interpreter appointed for a suspect who does not know Turkish are not counted as trial costs and are borne by the State Treasury.

A statement given while the effect of drink has not passed, without an interpreter, or without understanding what is being signed, may shape the whole file. Our guides to giving a statement at Istanbul Airport and to rights in police custody in Türkiye explain these steps in more detail.

7. Step by Step: What a Traveller Can Do

1. Find out which route you are on. Ask whether you are being given an administrative fine under Law No. 5326 or whether a criminal investigation has started. The rules, the decision-maker and the remedies differ (Section 4).
2. Keep your words and hands to yourself. TCK Article 265(1) is built on force or threats used to prevent an official from performing their duty, and TCK Article 125(3)(a) sets a higher lower limit for insult against an official because of their duty.
3. Keep every document you are given. Note the date on which a fine decision was notified or announced to you: the fifteen-day period in Law No. 5326 Article 27(1) runs from that date.
4. Decide on payment with the reduction in mind. Under Law No. 5326 Article 17(6), a fine paid within the payment period is reduced by 25%, and payment does not affect your right to challenge the decision.
5. If you think the fine was wrong, apply in time. The application goes to the sulh ceza mahkemesi named in Article 27(1), by petition in two copies (Art. 27(3)), with the information about the decision and your evidence (Art. 27(4)); no court fee is charged (Art. 31(1)).
6. If a statement is taken, use your rights. Ask for an interpreter (CMK Art. 202(3)) and for counsel (CMK Art. 147(1)(c)); you have the legal right not to make a statement (CMK Art. 147(1)(e)); read the record before signing it (CMK Art. 147(1)(i)).
7. Do not build a defence on the drinking. Under TCK Article 34(2), alcohol taken voluntarily does not exclude punishment.
8. If someone was hurt or an insult is alleged, take advice before discussing settlement. Conciliation is attempted for intentional injury other than TCK Article 86(3) (CMK Art. 253(1)(b)(1)), and cannot be used for insult (CMK Art. 253(3)).
9. If you are leaving Türkiye, arrange for a lawyer. Under Law No. 5326 Article 27(3), an application against the fine may be made by a lawyer. The documents you were given are what a lawyer needs to see first.

If you or someone travelling with you has been fined or questioned after an incident at Istanbul Airport or Sabiha Gökçen, a lawyer can explain these rules in your language and look at the documents you were given. Guidance can start on WhatsApp. See also our pages on giving a statement (ifade) and criminal defence in Türkiye, and our guide to what happens at the police station after an airport arrest.