

Foreigners Accused of Online Fraud in Turkey: First 24 Hours After Arrest or Police Investigation — 2026 Guide
What happens when a foreigner is accused of online fraud in Turkey? Learn what may happen during the first 24 hours, including police questioning, phone seizure, bank records, digital evidence, custody, lawyer and interpreter rights, prosecutor procedures and possible release or judicial measures.
For a foreign national accused of online fraud in Turkey, the first 24 hours can become one of the most important stages of the entire criminal investigation.
Police may question the suspect about bank transfers, cryptocurrency transactions, WhatsApp conversations, social-media accounts, telephone numbers, IP addresses, seized mobile phones and relationships with other suspects. Bank accounts or digital devices may already have been identified before the foreigner even learns that an investigation exists.
At the same time, being accused of online fraud does not mean that the foreigner has been proven guilty.
The first 24 hours are primarily an investigative period. Authorities may be trying to determine whether the foreigner personally participated in the alleged fraud, knowingly provided an account or telephone line, received criminal proceeds, controlled a fraudulent account, or was instead another person caught in a larger chain of transactions.
For foreign suspects, the immediate priorities are therefore to determine the exact accusation, obtain legal assistance, secure an interpreter where necessary, avoid speculative statements and preserve potentially exculpatory digital and financial evidence.
The Constitutional Court emphasizes that access to legal counsel should in principle be available from the first police questioning because this early stage can shape the subsequent criminal proceedings and is closely connected with the rights to silence and against self-incrimination.
Online fraud investigations can arise from many different factual situations.
Common allegations involving foreigners include:
The investigation may therefore involve both traditional financial evidence and extensive digital evidence.
A foreigner may become a suspect after a complainant provides police or prosecutors with:
Authorities may then attempt to identify the individuals connected to those records.
However, technical or financial connection to an event is not necessarily the same as criminal responsibility.
Before giving a substantive statement, the foreigner should understand their procedural status.
A person may be contacted as:
This distinction matters.
A foreigner initially contacted as a witness may become a suspect if investigators believe the evidence indicates personal involvement.
The individual should therefore understand their status before answering detailed questions.
Sometimes the first contact is simply a telephone call from a police officer asking the foreigner to come to a police station.
A telephone call does not necessarily mean the person is under arrest.
The foreigner should establish:
Fraudsters themselves sometimes impersonate police officers or prosecutors, so the legitimacy of unexpected calls should also be verified.
If a foreigner is formally apprehended, the situation becomes substantially more serious.
The Turkish Constitution requires an apprehended person to be informed of the reasons for the apprehension and the accusations against them. It also establishes constitutional limits on deprivation of liberty without judicial review.
Police custody and pre-trial detention must not be confused.
Apprehension is the initial deprivation of liberty.
Police custody is temporary detention while investigative procedures are completed.
Pre-trial detention requires a judicial decision.
Police cannot themselves issue the final judicial order placing a suspect in pre-trial detention.
Yes, if the statutory requirements are satisfied.
Under the criminal-procedure framework, police custody is justified where it is necessary for the investigation and there are indications supporting suspicion that the person committed the offence.
Constitutional Court materials explaining Article 91 of the Criminal Procedure Code emphasize both requirements: investigative necessity and indications suggesting that the person committed the alleged offence.
Therefore:
Online-fraud accusation ≠ automatic police custody.
The circumstances of the individual investigation matter.
For the ordinary custody regime, the period generally cannot exceed 24 hours from apprehension, excluding the necessary transportation period to the nearest judge or court, which itself cannot exceed 12 hours.
Different rules can apply in collective-offence investigations, where the prosecutor may order written extensions under statutory conditions because of difficulties collecting evidence or the number of suspects.
Therefore, the phrase “first 24 hours” is particularly important in many individual fraud investigations, but counsel must verify whether special or extended custody rules apply to the particular case.
Not necessarily.
The applicable custody regime must first be identified.
There may also be time required for transfer to the competent judicial authority, and different statutory rules may apply in investigations involving multiple suspects.
The important point is that police cannot keep a person deprived of liberty indefinitely without legal authority.
After apprehension or arrival at the police station, authorities may perform basic procedural checks.
These may concern:
Authorities may also determine whether there are other judicial measures or investigations concerning the individual.
Providing identity information should not be confused with giving a detailed substantive statement about the alleged offence.
Before giving a detailed statement, the suspect should understand the essence of the accusation.
Important questions include:
A vague allegation such as “internet fraud” may cover several entirely different factual scenarios.
A common online-fraud investigation begins because stolen or fraudulently obtained money entered a bank account belonging to the foreign suspect.
That fact can be highly relevant.
But it does not by itself answer all questions concerning criminal responsibility.
Investigators may need to establish:
The bank-account trail should therefore be reconstructed carefully.
Some suspects state:
“I only gave my bank account to a friend.”
This can become a central issue in the investigation.
The prosecutor may examine whether the suspect:
The defense should avoid replacing evidence with speculation.
A foreigner confronted unexpectedly with a bank transaction may feel pressure to explain immediately.
This can be dangerous if the person does not remember:
Statements such as:
“Maybe my friend used my account.”
or
“I think that payment was for cryptocurrency.”
can create unnecessary inconsistencies if later bank records show something different.
It is generally safer to distinguish clearly between what the suspect knows and what the suspect does not remember.
Access to counsel is one of the most important protections during the first 24 hours.
The Constitutional Court states that access to a lawyer should in principle be available from the suspect’s first police questioning. It connects this safeguard directly to effective protection of the right to silence and the privilege against self-incrimination.
The first police statement can materially influence how the rest of the investigation develops.
Online-fraud investigations can combine several complex evidence types simultaneously:
A suspect may not know which evidence investigators already possess.
Counsel can help prevent the foreigner from guessing about technical matters that should instead be verified through records.
A suspect has procedural protection against being compelled to incriminate themselves.
The right to silence is especially important where investigators present isolated screenshots, bank transfers or technical records without providing the complete context.
The Constitutional Court expressly links access to counsel at the initial police stage with protection of the rights to silence and against self-incrimination.
Whether to answer individual questions should be decided according to the circumstances and defense strategy.
A suspect should distinguish between exercising procedural rights and inventing facts.
Giving a false technical explanation about an IP address, bank transaction, cryptocurrency wallet or device can create additional credibility problems.
Where the suspect genuinely does not know or remember something, speculation should be avoided.
Language can become one of the most important issues during the first 24 hours.
Article 202 of the Criminal Procedure Code provides an interpretation framework for suspects, defendants, victims and witnesses who cannot adequately express themselves in Turkish. The judicial authorities maintain interpreter lists for this purpose; the Ankara Judicial Commission’s 2026 notice expressly cites Article 202 and describes interpretation during investigation and prosecution for persons who cannot adequately communicate in Turkish.
A foreign suspect should not pretend to understand Turkish simply to finish the procedure quickly.
Before signing a police statement, the foreigner should understand what the document says.
Problems can arise from:
The suspect should ensure that material errors are corrected before signing.
Online-fraud investigations frequently involve mobile phones.
Authorities may consider the phone relevant because it may contain:
The legality of physical seizure and the legality and scope of forensic examination should be analyzed according to the applicable criminal-procedure rules.
Police having physical possession of a phone does not automatically resolve the legal basis or scope of every possible digital examination.
Counsel should identify:
Digital evidence can become decisive in online-fraud cases, so these questions should be documented early.
No.
Once an investigation exists or is reasonably anticipated, deleting potentially relevant messages can damage the defense and may destroy exculpatory evidence.
Do not:
The suspect’s own phone may contain the strongest evidence proving innocence.
Police may show the suspect screenshots allegedly connecting them to fraud.
For example:
“Is this your WhatsApp account?”
“Did you send this message?”
“Is this your Instagram profile?”
The suspect should distinguish between recognizing a photograph or username and admitting authorship of a communication.
A screenshot may require separate examination of:
Police may state that an IP address connects the foreigner to a fraudulent account.
But an IP address ordinarily identifies a technical internet connection rather than automatically proving which human being performed the disputed act.
The defense may need to investigate:
The first statement is not the ideal moment to invent a technical explanation without seeing the underlying records.
Online-fraud investigations often involve networks of individuals.
Questions may concern:
A foreign suspect should identify people truthfully but should not speculate about another person’s role without factual knowledge.
If fraud proceeds were converted into cryptocurrency, authorities may examine:
The existence of a cryptocurrency transfer may establish movement of assets.
It does not automatically answer who controlled every wallet or what the suspect knew about the origin of the funds.
In many fraud cases, objective banking evidence can reconstruct the money trail.
Defense counsel should consider obtaining:
These records can support or contradict the accusation.
The first 24 hours should not focus only on answering accusations.
The defense should identify evidence that supports the foreigner’s version.
This may include:
Digital evidence can disappear or be overwritten.
Suppose a fraudulent social-media message was sent from Turkey while the foreigner was demonstrably abroad.
Potentially relevant evidence could include:
This does not automatically resolve account-control questions, but it may materially affect the investigation.
Several outcomes are possible.
The suspect may:
The outcome depends on the evidence and applicable procedural conditions.
No.
Referral to the prosecutor does not automatically mean pre-trial detention.
The prosecutor may decide that the suspect should be released or may seek another measure.
Where pre-trial detention is requested, the judicial decision belongs to the competent judge.
The fact that a suspect is not a Turkish citizen should not automatically be treated as proof that the person will flee.
Relevant individualized circumstances can include:
The Constitution requires detention to rest on legally recognized grounds and judicial decision rather than nationality alone.
Instead of pre-trial detention, less restrictive judicial measures may be considered where statutory conditions are met.
Depending on the case, this can include restrictions affecting travel or other obligations.
A defense presentation should therefore address not only why detention is unnecessary but also why less restrictive measures would adequately address any identified procedural risk.
No.
A valid residence permit does not provide immunity from criminal investigation.
However, established lawful residence may be relevant when assessing the person’s ties and circumstances.
Criminal proceedings and immigration proceedings are legally distinct.
A fraud accusation does not mean that every foreign suspect will automatically be deported.
However, depending on the nature and development of the case, separate immigration-law issues may arise.
These should be analyzed separately rather than assuming that police custody automatically equals deportation.
Foreign executives can become suspects because:
Corporate position alone does not automatically establish personal criminal responsibility.
The investigation should identify:
Corporate records should be preserved immediately.
This occurs frequently.
For example, a foreigner may have:
Being deceived does not automatically eliminate every legal issue, but the foreigner’s own victimization may be highly relevant to knowledge and intent.
Objective evidence should be preserved.
A foreign suspect should generally avoid:
Early mistakes can become difficult to correct later.
When a foreigner learns that they are accused of online fraud in Turkey:
As of September 2026, the first hours of an online-fraud investigation remain governed by the fundamental safeguards of Turkish criminal procedure concerning liberty, questioning, defense and interpretation.
Police custody is not justified merely because an accusation has been made. Constitutional Court materials explaining the custody regime emphasize that custody must be necessary for the investigation and supported by indications suggesting the person committed the offence. The ordinary custody period is generally limited to 24 hours, excluding the necessary transportation period of no more than 12 hours, while different rules may apply to collective offences.
The Constitutional Court also continues to emphasize the importance of access to counsel from the first police questioning because early statements can influence the entire criminal process and legal assistance protects the rights to silence and against self-incrimination.
For foreign suspects, language protection remains equally important. Judicial authorities continue to implement Article 202 through official interpreter lists in 2026 for persons who cannot adequately communicate in Turkish.
In practical terms, the first 24 hours should be treated as an evidence-preservation and procedural-protection stage, not as a race to provide an explanation before the underlying records have been understood.
Potentially, if the legal conditions for apprehension are satisfied. A complaint alone does not establish guilt, and deprivation of liberty must have a lawful basis.
Under the ordinary regime, custody generally cannot exceed 24 hours from apprehension, excluding the necessary transportation period to the nearest competent judge or court, which cannot exceed 12 hours. Different rules can apply in collective-offence cases.
Yes. Access to legal assistance is a central safeguard, and Constitutional Court jurisprudence emphasizes that it should in principle be available from the first police questioning.
Interpretation safeguards apply. A suspect who cannot adequately express themselves in Turkish should not give or sign a substantive statement without understanding the proceedings. Article 202 remains the statutory basis for interpretation in criminal proceedings.
A phone may potentially be seized where the legal conditions for the relevant investigative measure are satisfied. The legal basis and scope of any subsequent forensic examination should be assessed separately.
Not automatically. The investigation should establish knowledge, control, purpose, subsequent movement of the money, communications and other evidence relevant to the alleged offence.
The suspect should not invent explanations. Where the person genuinely does not remember a transaction, bank and communication records should be reviewed rather than guessed at during questioning.
No. Referral to the prosecutor does not automatically result in pre-trial detention. A judicial detention order requires a decision by the competent judge under the applicable legal conditions.
Foreign nationality by itself should not substitute for an individualized assessment of legally relevant risks. Residence, employment, family, voluntary attendance and other ties may be relevant.
Understand the precise accusation, obtain legal and language assistance where necessary, preserve digital and financial evidence, avoid deleting information and do not make speculative statements about transactions or technical evidence that have not yet been reviewed.
The first 24 hours of an online-fraud investigation can influence the entire criminal case.
A bank account, IP address, telephone number, screenshot or social-media profile may connect a foreigner technically to an investigation without necessarily proving that the foreigner knowingly committed the alleged fraud.
Fırat Fesih Kaya Law Office provides criminal-law assistance to foreign nationals, tourists, employees, executives, investors and foreign-owned companies accused of online and financial fraud in Turkey.
Lawyer Fırat Fesih Kaya assists foreign clients during police and prosecutor statements, custody procedures, seized-phone investigations, online banking and cryptocurrency cases, WhatsApp and social-media evidence, IP-address disputes, bank-account allegations, digital forensic examinations, judicial-control proceedings and requests for pre-trial detention.
Early intervention is particularly important because bank records, account-security information, complete conversations, CCTV and other exculpatory evidence may need to be identified and preserved immediately.
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 applicable procedure depends on the alleged offence, evidence, number of suspects, procedural status, custody decision and circumstances of the individual investigation.