How Can Foreigners Recover Frozen Money During a Fraud Investigation in Turkey? 2026 Guide

Is your money frozen in a Turkish bank account because of an online fraud investigation? Learn how foreigners can challenge account suspensions and seizures, prove legitimate ownership, request partial or full release, recover innocent funds and protect their rights in Turkey in 2026.

A foreign national may discover without warning that money held in a Turkish bank account has been frozen because the account appeared in an online fraud investigation.

The frozen funds may include salary, personal savings, business income, money transferred from abroad, proceeds from the sale of property or funds that existed in the account long before the disputed transaction occurred.

The immediate question is:

“How can I recover my frozen money?”

The answer depends on the legal basis of the restriction.

In Turkey in 2026, it is particularly important to distinguish between a short-term account suspension connected with suspected fraud proceeds and a formal seizure of funds during a criminal investigation.

A major change introduced into the Criminal Procedure Code at the end of 2025 created Article 128/A. Under the current provision, qualifying suspicious transactions connected with specified offences can trigger an account suspension for up to 48 hours. During that period, suspected criminal proceeds may also become subject to a formal seizure decision.

Therefore, recovering frozen money normally begins with one question:

What exact legal measure is preventing access to the money?

Why Is Money Frozen During an Online Fraud Investigation?

Online fraud investigations often begin by tracing the victim’s payment.

For example:

Fraud victim → Account A → Account B → Cryptocurrency exchange

If Account B belongs to a foreign national, the authorities may investigate whether that person:

• Participated in the fraud
• Allowed another person to use the account
• Received a commission
• Acted as a financial intermediary
• Was deceived by another suspect
• Had no knowledge of the criminal origin of the funds

Freezing money can prevent suspected criminal proceeds from disappearing while the investigation continues.

But freezing money is not the same as proving criminal guilt.

Frozen Money Does Not Automatically Become State Property

This distinction is fundamental.

A temporary restriction or seizure is a protective measure.

It does not automatically mean:

the foreigner has been convicted

or

the entire account balance has permanently been confiscated.

The Constitutional Court treats seizure as an interference with the constitutional right to property and examines whether the interference has a lawful basis and maintains a fair balance between the public interest and the individual’s rights.

Accordingly, the continued necessity and scope of a seizure can become important issues.

Step One: Determine Why the Money Is Frozen

Do not begin with a generic request stating:

“Please open my account.”

First determine:

• Which bank imposed the restriction?
• When was it imposed?
• Which authority requested it?
• Is there a prosecutor’s investigation number?
• Is there a court decision?
• Is Article 128/A involved?
• Is there a formal seizure?
• Is the entire balance restricted?
• Is only a specified amount frozen?
• Has the original measure been replaced by another decision?

The correct remedy depends on the answers.

2026 Rule: Temporary Suspension Under Article 128/A

Article 128/A of the Criminal Procedure Code is particularly important in current online fraud investigations.

The provision permits a bank, payment service provider or crypto-asset service provider to suspend an account involved in qualifying suspicious transactions for up to 48 hours under the statutory conditions.

The provision also creates mechanisms for subsequent seizure of suspected criminal proceeds.

This procedure is designed to react quickly because online fraud money can move through several accounts within minutes.

What Happens During the 48-Hour Period?

The short suspension period can be critical.

The investigation may examine:

• The original victim transfer
• Recipient account
• Subsequent transfers
• Cash withdrawals
• Cryptocurrency transactions
• Other linked accounts

Article 128/A also addresses situations in which the suspected proceeds are transferred to another financial institution before the suspension is completed, allowing information to be passed promptly to the other institution for corresponding action.

This is why transferring money repeatedly between accounts is not an effective way to solve the problem and may substantially complicate the investigation.

Can Suspended Money Become Formally Seized?

Yes, where the statutory conditions are satisfied.

Under Article 128/A, suspected criminal proceeds in the suspended account can be seized by judicial decision or, in urgent circumstances, by a written prosecutor’s order during the suspension period.

Where seizure occurs without a prior judicial decision, it must be submitted for judicial approval within the statutory period. The current provision states that the judge must announce the decision within 48 hours from seizure; otherwise, the seizure automatically terminates.

This makes it important to obtain the actual procedural documents rather than relying only on what appears in the banking application.

Can Fraud Money Be Returned to the Victim?

Yes.

Article 128/A expressly provides that where seized criminal proceeds are determined to belong to the victim, they may be returned to the owner during the investigation or prosecution.

This is particularly important in online fraud cases.

But another issue frequently arises:

What happens to the innocent account holder’s own money that was already in the account?

Legitimate Money and Suspected Fraud Proceeds Should Be Distinguished

Consider this example.

A foreign employee has:

400,000 TRY in legitimate savings.

Then:

50,000 TRY allegedly obtained through fraud enters the account.

The account now contains:

450,000 TRY.

If access to the entire balance becomes restricted, the defense should identify and document the legitimate 400,000 TRY.

Relevant evidence may include:

• Historical bank statements
• Salary records
• Employment contract
• Tax documentation
• Transfer records
• Property-sale agreement
• Inheritance documentation
• Business invoices
• Foreign bank statements

The objective is to trace the lawful source of the pre-existing funds.

Can a Foreigner Request Partial Release of the Account?

Depending on the legal basis and circumstances, counsel can raise whether continued restriction of funds beyond the amount connected to the alleged offence is justified.

This can be especially important where an account contains substantial legitimate funds.

The Constitutional Court’s property-rights jurisprudence emphasizes proportionality and the relationship between the alleged unlawful conduct and the property affected by seizure. Its published case-law summary includes an example in which a restriction over a deposit account was narrowed to a specified amount during the proceedings.

This does not mean partial release is automatic in every case.

It means the scope of the measure can matter.

How Do You Prove That the Money Is Legitimate?

The strongest approach is usually to trace the funds transaction by transaction.

For example:

150,000 TRY — Salary accumulated over 12 months

Evidence:

• Payroll
• Employment contract
• Bank statements

200,000 TRY — Transfer from foreign savings account

Evidence:

• Foreign bank statement
• SWIFT records
• Turkish receiving-bank records

300,000 TRY — Sale of vehicle

Evidence:

• Sale documents
• Registration records
• Payment record

The more clearly the source can be traced, the easier it is to distinguish legitimate property from the disputed transaction.

Salary Frozen During a Fraud Investigation

Foreign employees can experience significant hardship when salary accounts are frozen.

If legitimate salary payments are affected, preserve:

• Employment contract
• Payroll
• Employer confirmation
• Previous salary transfers
• Bank statements

A request concerning the restriction should identify the salary payments specifically rather than merely claiming that the account contains “personal money.”

Foreign Investor’s Business Funds Frozen

The consequences can be even greater for a foreign investor or company manager.

A restricted account may contain:

• Company expenses
• Supplier payments
• Tax funds
• Payroll money
• Rental income
• Investment capital

The first issue is whether the account is personal or corporate.

The second is which transactions are actually connected to the criminal investigation.

Do not mix personal and corporate ownership arguments.

Money Transferred From Abroad

Foreign nationals frequently hold money in Turkey that originated from accounts abroad.

Preserve:

• Foreign bank statements
• SWIFT documents
• Currency conversion records
• Turkish bank records
• Source-of-funds documents

These records can help establish that the funds existed independently of the alleged fraud.

What If the Money Came From Family?

Family support can be legitimate, but it should be documented.

Useful evidence may include:

• Sender’s bank statement
• Relationship documentation
• Transfer explanation
• Correspondence concerning the payment
• Evidence of the sender’s source of funds where relevant

Large unexplained transfers should not simply be labelled “family money” without supporting evidence.

What If the Money Was a Loan?

Preserve:

• Loan agreement
• Previous correspondence
• Bank transfer
• Repayment terms
• Evidence concerning the lender

A document created only after the criminal investigation begins may naturally receive closer scrutiny than contemporaneous evidence.

What If the Money Came From Selling Property?

Preserve:

• Sale agreement
• Title records where relevant
• Payment documents
• Bank transfer
• Transaction date

The amount and timing should correspond reasonably with the bank records.

What If the Money Came From Cryptocurrency?

Cryptocurrency transactions require a different evidence trail.

Preserve:

• Exchange-account records
• Wallet addresses
• Transaction hashes
• Deposit records
• Withdrawal records
• Bank transfers to and from the exchange

Do not rely solely on screenshots where the underlying transaction records remain available.

What If the Foreigner Is Completely Unrelated to the Fraud?

This should be established with evidence.

Suppose the foreigner’s account received money because:

• A legitimate customer paid for goods
• A friend transferred repayment of a debt
• A buyer purchased a vehicle
• An employer made a payment

The sender may subsequently turn out to have obtained the money through another fraud.

The investigation should determine whether the account holder knew of or participated in the underlying offence.

A financial connection does not automatically establish criminal intent.

What If Another Person Used the Account?

This is common in account-sharing investigations.

The defense should determine:

• Who had the bank card?
• Who had mobile banking credentials?
• Who received authentication codes?
• Which device logged into the account?
• Who instructed the transfer?
• Who withdrew cash?
• Who received the financial benefit?

Account ownership and actual account operation are different factual questions.

Preserve Messages Showing Why the Account Was Used

Messages can become critical evidence.

For example:

“My bank account is temporarily unavailable. Can my customer send the money to you?”

or:

“Receive the payment and send it to this supplier.”

The messages do not automatically resolve criminal liability.

But they may help establish what the foreign account holder was told and what they believed.

What If the Account Was Hacked?

Preserve:

• Password-reset notifications
• Unknown-device alerts
• Authentication messages
• SIM-related warnings
• Bank security emails
• Unauthorized transaction notifications

Also preserve any complaint previously made to the bank or police.

Technical evidence can help distinguish account ownership from unauthorized account use.

Can ATM CCTV Help Recover Frozen Money?

Potentially, especially where investigators believe the account holder withdrew the suspicious funds.

Suppose:

100,000 TRY enters the account.

Twenty minutes later:

100,000 TRY is withdrawn from an ATM.

The foreign account holder says someone else possessed the card.

ATM CCTV may help determine who performed the withdrawal.

Relevant footage should be identified promptly because surveillance recordings may eventually be overwritten.

Mobile Banking Evidence Can Also Matter

Relevant technical evidence may help establish:

• Which device accessed the account
• When transactions occurred
• Authentication events
• Security notifications

The precise records available depend on the bank and circumstances.

The defense should avoid assuming that account registration alone proves who performed every transaction.

What If the Foreign Account Holder Received a Commission?

This can make the case substantially more difficult.

Investigators may ask:

• Why was the account being used?
• Why was a commission paid?
• How many payments were received?
• Were the senders unrelated?
• Why were the funds immediately transferred?

The defense must address these facts directly.

Can Innocent Third Parties Recover Their Property?

Property-rights principles are particularly relevant where a person claims to be a good-faith third party rather than a participant in the offence.

The Constitutional Court’s published property-rights case-law emphasizes that the relationship between the owner’s conduct and the alleged illegality matters and that good-faith owners must have a meaningful opportunity to seek recovery of property or compensation in appropriate circumstances.

A separate Constitutional Court summary concerning criminal seizure also discusses a case where continued seizure affecting a person identified as a good-faith third party was found problematic where a less burdensome measure could have been used.

Proportionality Is Important

A seizure may pursue a legitimate objective, such as preserving suspected criminal proceeds.

But the measure should not be treated as unlimited merely because an investigation exists.

The Constitutional Court has emphasized that seizure interferes with property rights and that proportionality requires a fair balance between the public interest and the burden imposed on the property owner.

This can become particularly relevant when:

• The amount frozen greatly exceeds the disputed transaction
• The investigation continues for a long time
• The account contains clearly documented legitimate funds
• The account holder is a good-faith third party

Duration of the Restriction Can Matter

A restriction lasting hours is different from one continuing for months or years.

The Constitutional Court has previously found property-rights violations in cases involving seizure measures during criminal proceedings, while in other cases it has found no violation depending on matters such as proportionality, procedural safeguards, duration and the relationship between the property and alleged offence.

There is therefore no universal rule that every account freeze becomes unlawful after a fixed number of days.

The individual circumstances matter.

What If the Investigation Is Closed?

If the investigation ends without prosecution, any continuing restriction should be reviewed immediately.

Obtain the formal decision and determine:

• Whether the seizure has already been lifted
• Whether the bank has received the release instruction
• Whether another independent restriction remains

Do not assume that banking access will necessarily return instantly without administrative processing.

What If the Foreigner Is Acquitted?

A final acquittal can materially change the basis for continuing criminal-procedure restrictions.

But the account holder should still confirm that:

• The relevant seizure decision has been lifted
• The bank received the release order
• No other legal restriction exists

The criminal judgment and practical bank release process may not occur at exactly the same moment.

What If Only Part of the Money Is Connected to the Fraud?

This should be highlighted clearly.

Suppose:

Account balance: 1,200,000 TRY

Disputed transaction: 75,000 TRY

A request should document the source of the remaining balance and address whether continuing to restrict the entire account is necessary and proportionate.

The Constitutional Court’s published jurisprudence demonstrates that the amount and scope of a seizure can matter in property-rights analysis.

Can the Foreign Account Holder Challenge a Seizure?

The relevant decision and procedural status should first be obtained.

The challenge can then address issues such as:

• Legal basis
• Statutory requirements
• Connection between the funds and alleged offence
• Ownership
• Legitimate source
• Amount
• Necessity
• Proportionality
• Continued need for seizure

A generic statement that the money is needed for living expenses is usually less persuasive than a documented analysis of the source and ownership of the funds.

Can Living Expenses Be Raised?

Yes, practical hardship can be explained where relevant.

For example, the restriction may prevent payment of:

• Rent
• Tuition
• Medical expenses
• Family support
• Employee salaries
• Business expenses

However, hardship alone does not automatically eliminate a lawfully imposed seizure.

The stronger application combines hardship with substantive arguments concerning ownership, lawful source, scope and necessity.

Can the Foreigner Personally Apply?

Depending on the measure, the account holder may have procedural avenues to seek removal or modification.

For a foreigner, however, it is important that the application correctly identifies:

• Investigation number
• Authority
• Account
• Restricted amount
• Legal measure
• Source of funds
• Supporting evidence
• Requested relief

The application should target the actual restriction currently in force.

Do Not Rely Only on the Bank

This is one of the most common mistakes.

If the bank says:

“We cannot remove the block because it came from the prosecutor.”

repeatedly asking the bank to release the money may accomplish little.

The account holder needs to identify and address the underlying legal measure.

The bank generally cannot independently disregard a binding criminal-procedure restriction.

Do Not Try to Move Money Around the Freeze

Do not attempt to:

• Use another person’s account to conceal money
• Transfer disputed funds through another bank
• Move money into cryptocurrency to avoid the measure
• Ask someone else to withdraw the funds
• Fabricate invoices
• Create false loan agreements

Such conduct can create additional evidentiary problems.

Do Not Delete Digital Evidence

Do not:

• Delete WhatsApp messages
• Delete Telegram
• Factory-reset the phone
• Delete banking notifications
• Destroy the SIM
• Delete cryptocurrency records

Evidence showing the legitimate explanation for the transaction may be lost.

First 24 Hours: What Should Foreigners Do?

If money has been frozen during a fraud investigation:

1. Determine the exact legal basis of the restriction.
2. Identify the prosecutor’s office and investigation number.
3. Determine whether Article 128/A applies.
4. Determine whether a formal seizure has followed.
5. Obtain complete bank statements.
6. Identify the exact disputed transfer.
7. Calculate the account balance before that transfer.
8. Identify all legitimate funds.
9. Collect source-of-funds documents.
10. Preserve employment and salary records.
11. Preserve commercial contracts and invoices.
12. Preserve foreign-bank and SWIFT records.
13. Preserve WhatsApp, Telegram and email communications.
14. Identify who actually controlled the account.
15. Identify all onward transfers.
16. Identify ATM withdrawals.
17. Preserve CCTV where relevant.
18. Preserve cryptocurrency records.
19. Do not move or conceal disputed money.
20. Prepare a documented request for full or partial release where legally appropriate.

A Strong Frozen-Funds Application Should Answer 10 Questions

1. What amount is frozen?

Specify it precisely.

2. Which amount is allegedly connected to fraud?

Separate disputed funds from the total account balance.

3. Where did the legitimate money come from?

Document salary, savings, business revenue, property sale, family support or other lawful sources.

4. When did the legitimate money enter the account?

Historical bank records can be particularly important.

5. Did the legitimate balance exist before the alleged offence?

If yes, prove it.

6. Who controlled the account?

Identify actual banking access where disputed.

7. What relationship exists with the alleged victim?

If none exists, explain this and identify who actually communicated with the victim where known.

8. What happened to the suspicious payment?

Trace it.

9. Is freezing the entire account necessary?

Address the scope of the measure.

10. What exactly is requested?

Depending on the case:

full release

or

partial release

or

limitation of the restriction to the disputed amount.

2026 Current Legal Position

The end of 2025 brought an important change to the treatment of suspicious financial transactions in Turkish criminal investigations.

Article 128/A now provides a rapid mechanism for suspending accounts connected with specified technology-related offences and allows suspected criminal proceeds to be seized during the suspension period under the conditions set out in the provision. It also expressly provides for return of seized criminal proceeds to the victim when ownership is established.

For foreign account holders, this means that the legal strategy in 2026 should distinguish carefully between:

temporary suspension → formal seizure → continued seizure → return of victim funds → release of legitimate funds.

Constitutional property-rights principles remain relevant to longer restrictions. The Constitutional Court’s jurisprudence emphasizes legality, connection with the alleged wrongdoing, procedural safeguards and proportionality when property is restricted during criminal proceedings.

The practical strategy is therefore:

Identify the measure → trace the money → prove lawful ownership → separate legitimate funds → challenge excessive scope → request full or partial release → monitor the investigation until the restriction is actually removed.

Frequently Asked Questions

1. Can a foreigner recover money frozen during a fraud investigation in Turkey?

Potentially, yes. The appropriate procedure depends on whether the money is subject to a temporary suspension, formal seizure or another restriction and whether the foreigner can establish legitimate ownership and source of funds.

2. Does frozen money automatically mean that I am accused of fraud?

No. Funds can be restricted while authorities investigate the financial trail. The restriction itself is not a conviction.

3. Can I recover legitimate savings even if fraud money entered the same account?

This can be an important basis for seeking full or partial release. The legitimate funds should be traced with historical bank statements and source-of-funds evidence.

4. Can only the disputed amount remain restricted?

That depends on the legal measure and facts. Where the account contains substantial unrelated funds, the scope and proportionality of the restriction should be specifically challenged. Constitutional Court jurisprudence recognizes that the amount and scope of seizure can be relevant.

5. What if another person used my bank account?

Preserve evidence showing who had the card, mobile banking credentials, authentication access and actual control over the transactions.

6. What if the suspicious payment is still in my account?

Do not attempt to conceal or move it. Determine the legal status of the funds and address the matter through the bank and competent criminal authorities.

7. Can fraud money be returned directly to the victim?

Article 128/A provides that seized criminal proceeds may be returned to the victim during the investigation or prosecution where they are determined to belong to that victim.

8. What if my salary is frozen together with the suspicious money?

Document the salary separately with payroll, employment records and historical bank statements and raise the legitimate source and scope of the restriction in the appropriate application.

9. Can a bank remove a prosecutor’s freeze simply because I ask?

Where the restriction results from a binding criminal-procedure measure, the underlying legal measure generally needs to be addressed. Merely asking the bank repeatedly may not be sufficient.

10. What documents are most important for recovering frozen money?

Complete bank statements, source-of-funds documents, employment and salary records, contracts, invoices, foreign-bank transfers, communications explaining the transaction, account-security records and evidence concerning who actually controlled the account can all be important depending on the case.

Legal Assistance for Recovering Frozen Funds in Turkey

Recovering frozen money during a fraud investigation requires more than proving that the bank account belongs to the foreign client.

The central questions are:

Why was the money frozen? Which amount is allegedly connected to fraud? Which funds are legitimate? Where did the legitimate money come from? Who actually controlled the account? Is the restriction still necessary? Could it be limited to the disputed amount?

Fırat Fesih Kaya Law Office provides criminal and foreigners-law assistance to foreign nationals, employees, students, investors, executives and foreign-owned businesses whose money is frozen in Turkish bank accounts during online fraud investigations.

Lawyer Fırat Fesih Kaya assists foreign clients with account-suspension and seizure disputes, applications for release of frozen funds, requests concerning legitimate money, aggravated-fraud investigations, suspicious IBAN transfers, account-control evidence, police and prosecutor proceedings, ATM CCTV, digital evidence and cryptocurrency transactions.

Early action can be particularly important because the 2026 framework includes short procedural stages for initial suspicious-transaction suspensions, while longer seizure measures require careful examination of their legal basis, scope and continued necessity.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey

This publication is provided for general informational purposes and does not constitute legal advice. The appropriate procedure for recovering frozen funds depends on the precise legal measure, the source and ownership of the money, the relationship between the account and alleged offence, and the procedural stage of the criminal investigation.