White-Collar Crime in Türkiye: Investigation Process and Defence

"White-collar crime" is not a concept defined in the law. It is used to describe offences committed in the course of commercial or professional activity, taking advantage of the person's position or the trust placed in them, mostly for economic gain. These files involve no violence but plenty of documents, account movements, correspondence and expert reports. Investigations can last a long time and often do not stay within a single file: a tax audit, a Capital Markets Board (SPK) investigation, a MASAK (Financial Crimes Investigation Board) report, a civil claim and a criminal investigation may proceed in parallel for the same events.

For this reason, the defence is not built only in the courtroom. What is said in the first statement, the first documents submitted to the prosecutor and the company's first reaction to the events affect all later stages.

Which offences fall within this scope?

Breach of trust and fraud

The two offences are often confused. In breach of trust (Turkish Criminal Code No. 5237 – TCK Art. 155), the offender uses property or money handed over for a specific purpose for a different purpose; possession was transferred to them with consent. In fraud (TCK Art. 157), the offender deceives the other party by fraudulent conduct and obtains a benefit to the detriment of that party or another. Situations such as the use of banks, credit institutions or information systems as a means, or commission by a merchant or company executive in the course of commercial activity, make the offence aggravated fraud (TCK Art. 158).

The issue most debated in practice is whether a commercial dispute will turn into a criminal file. An unpaid invoice, undelivered goods or an unperformed contract does not in itself constitute an offence. For fraud, a deception that vitiates the other party's will and existed before or at the time the contract was made must be proved.

Forgery and fictitious invoices

Forgery of official documents is governed by TCK Art. 204 and forgery of private documents by Art. 207; Arts. 205 and 206 cover destruction of official documents and false statements in the preparation of official documents. Issuing and using fictitious invoices or invoices misleading as to their content, however, are assessed not under the general forgery provisions but under the specific offence of tax evasion in Article 359 of Tax Procedure Law No. 213 (VUK). For the tax aspect, see our Tax and Customs Law page.

Offences linked to public office and tenders

Embezzlement (TCK Art. 247), extortion by a public official (Art. 250) and bribery (Art. 252) are, as a rule, offences committed by public officials. However, the bribery provisions also apply to persons acting on behalf of professional bodies with public institution status, companies established with public participation, public benefit associations, cooperatives and publicly held joint stock companies (Art. 252(8)). An executive in the private sector may therefore, in certain situations, become a party to a bribery investigation. In public tenders, the offences of bid rigging (Art. 235) and fraud in the performance of obligations (Art. 236) come into play.

Money laundering and capital markets offences

Laundering of proceeds of crime (TCK Art. 282) is often investigated together with another predicate offence. Law No. 5549 on the Prevention of Laundering of Proceeds of Crime imposes duties on obliged parties, such as banks, intermediary institutions and the real estate and precious metals sectors, including customer identification (Art. 3), suspicious transaction reporting (Art. 4) and internal control and training programmes (Art. 5). Failure to comply with these duties may lead to administrative sanctions independent of any criminal investigation.

In the capital markets, Article 106 of Capital Markets Law No. 6362 (SPKn) governs insider dealing and Article 107 transaction-based and information-based market manipulation. Investigation of the offences defined in this Law is, as a rule, subject to a written application by the CMB to the public prosecutor (SPKn Art. 115). For the administrative side, see our Capital Markets page.

Can the company itself be held liable?

In Turkish law, criminal liability is personal; imprisonment or judicial fines cannot be imposed on legal entities (TCK Art. 20). However, for intentional offences committed on behalf of and for the benefit of a legal entity, security measures such as revocation of operating permits and confiscation may be ordered (TCK Art. 60). In addition, Article 43/A of Misdemeanours Law No. 5326 provides for an administrative fine on the legal entity where an organ or representative commits offences such as fraud, bid rigging, fraud in the performance of obligations, bribery and money laundering for its benefit; the criminal court trying the offence decides on this fine.

The company should therefore be seen in the file not only as the "victim" or "employer" but also as a party with its own legal risks. The executive's defence and the company's interests may not always coincide; any conflict of interest should be assessed from the outset.

Stages of the investigation and protective measures

An investigation starts on a complaint, a tip-off, a MASAK or CMB report or a tax audit report. A person summoned to give a statement as a suspect has the right to be informed of the charge before the statement, the right to remain silent and the right to the assistance of defence counsel (Code of Criminal Procedure No. 5271 – CMK Arts. 147, 149). Defence counsel may, as a rule, examine the investigation file; however, this right may be restricted by a judge's decision if it could jeopardise the purpose of the investigation (CMK Art. 153).

Protective measures frequently encountered in economic crime investigations include:

Search and seizure, especially copying of digital data on computers, servers and phones (CMK Art. 116 et seq., Arts. 123, 134)
Seizure of real estate, bank accounts, company shares and other rights and receivables (CMK Art. 128)
Judicial control measures such as a travel ban (CMK Art. 109)
Pre-trial detention (CMK Art. 100)

Under CMK Art. 128, assets may be seized only if there is strong suspicion that one of the offences listed in the Law has been committed, and only a judge may order the seizure (CMK Art. 128(9)). For assets such as bank accounts and company shares, a report from the BDDK (Banking Regulation and Supervision Agency), CMB, MASAK or the Public Oversight Authority stating that the asset was obtained from the offence is also required. As seizure is a measure severe enough to halt a company's day-to-day operations, challenging it in terms of proportionality and scope is one of the first things to do in most files.

Key issues in the defence

In economic crimes, the debate usually centres less on whether the act occurred than on intent: Did the executive take the decision knowingly, or take a commercial risk? Does a signature on a document show that its content was known? Internal correspondence, board resolutions, delegation of authority documents and accounting records are decisive in answering these questions. As courts refer technical matters to experts, it is important to file a detailed objection to the expert report within the time limit and, where necessary, to submit an expert opinion.

Compensating the loss also has a direct effect on the outcome. In offences against property such as breach of trust and fraud, full compensation of the loss before prosecution begins provides a reduction of up to two thirds of the sentence, and compensation after prosecution begins but before judgment provides a reduction of up to one half (TCK Art. 168). There are separate effective repentance provisions for embezzlement and bribery (TCK Arts. 248, 254). Simple fraud (TCK Art. 157) and breach of trust (TCK Art. 155) are, as a rule, within the scope of reconciliation under CMK Art. 253; aggravated fraud is not.

Time limits

Time limits in criminal procedure are short and missing them cannot be remedied. Following amendments made in 2024, the time limits for objections, regional appeals and appeals to the Court of Cassation are, as a rule, two weeks; the regional appeal and appeal periods run from notification of the reasoned judgment. Objections to seizure or judicial control decisions are also subject to this period. The limitation period for prosecution is determined by the upper limit of the penalty for the offence (TCK Art. 66). In a specific file, time limits should be calculated separately according to the text of the law in force on the date of the decision.

Internal investigations and compliance programmes

When suspicion of wrongdoing arises, the company's first task is to preserve evidence and examine the events in a controlled way. Reviews of employees' e-mails and devices must be carried out in line with employment contracts, company policies and personal data protection legislation. Evidence obtained unlawfully cannot form the basis of a judgment in criminal proceedings (CMK Arts. 206, 217); a hasty review may therefore make the company's strongest evidence unusable. For the personal data aspect, see our Personal Data Protection page.

On the preventive side, an anti-bribery and corruption policy, gift and hospitality rules, supplier screening, documentation of signing and approval authorities and whistleblowing channels help to reduce risk. For obliged parties under Law No. 5549, appointing a compliance officer and suspicious transaction reporting procedures should be set up separately. For the responsibility of the management body and internal directives, the Commercial and Corporate Law page may also be helpful.

Our work in this area

At the investigation and trial stages, we act as defence counsel or attorney for suspects, defendants, intervening parties and victims; we handle preparation for statements, objections to seizure and judicial control decisions, objections to expert reports and appeals. For companies, we support the planning of internal investigations, preservation of evidence, reporting to the management body and preparation of compliance policies. To request a meeting, please use our Contact page.

Main topics

Breach of trust and fraud (TCK Arts. 155, 157–158)
Forgery of documents (TCK Arts. 204–207)
Bribery, extortion by public officials, embezzlement and bid rigging
Money laundering (TCK Art. 282) and MASAK obligations
Insider dealing and market manipulation (SPKn Arts. 106–107)
Tax evasion offence (VUK Art. 359)
Objections to seizure of assets and judicial control measures
Internal investigations and crime-prevention compliance programmes

Frequently asked questions

Does non-payment of a commercial debt constitute the offence of fraud?

As a rule, no. Non-payment of a debt or non-performance of a contract is a civil dispute and is resolved through a claim or enforcement proceedings. For fraud, fraudulent conduct aimed at deceiving the other party and existing before or at the time the contract was made must be proved.

Can criminal proceedings be brought against a company?

Imprisonment or judicial fines cannot be imposed on legal entities; proceedings are brought against the natural persons who committed the act. However, for certain offences committed for the company's benefit, a security measure under TCK Art. 60 and an administrative fine under Misdemeanours Law Art. 43/A may be applied to the company.

I have been summoned to give a statement. Do I need to go with a lawyer?

It is not mandatory, but a person giving a statement as a suspect has the right to the assistance of defence counsel and the right to remain silent. In economic crime files, assessing the scope of the charge and the documents in the file before the statement prevents statements that are hard to correct later.

Will the file be closed if the loss is compensated?

Not always. For offences within the scope of reconciliation, if reconciliation is reached, a decision of non-prosecution or dismissal of the case is given. For other offences, compensating the loss usually provides a reduction in sentence; for example, the effective repentance provision in TCK Art. 168 provides for reductions at different rates depending on when the loss was compensated.

Can my bank accounts be seized during the investigation?

For the offences listed in CMK Art. 128, they may be seized provided there is strong suspicion that the offence was committed and a judge so orders. For bank accounts, a report from the relevant authority stating that the money was obtained from the offence is also required. The decision can be challenged within the time limit provided in the law.

Legislation and sources

The information on this page is general and does not constitute legal advice. As legislation may change, the current rules must be assessed separately for your particular situation.