Can Turkish prosecutors freeze a foreigner’s bank account during a criminal investigation? Learn about bank account seizure, CMK Article 128, fraud and money laundering investigations, objections, legitimate funds and account-release procedures in Turkey.

Yes. A foreign national’s Turkish bank account can be frozen or made subject to a seizure measure during a criminal investigation in Turkey if the statutory requirements for the relevant protective measure are satisfied.

Foreign nationality does not protect a Turkish bank account from criminal-procedure measures.

However, prosecutors and courts do not have unlimited authority to freeze a foreigner’s assets simply because an investigation exists. The legal basis of the restriction, the suspected offence, the relationship between the money and alleged criminal activity, the evidence supporting the measure and its proportionality can all become important.

Under Article 128 of the Turkish Criminal Procedure Code No. 5271 (CMK), bank and other financial institution accounts are among the assets that can be subject to seizure where the statutory conditions are met. (Anayasa Mahkemesi)

For a foreigner whose Turkish account has suddenly become inaccessible, the first question should therefore not simply be:

“Why did my bank freeze my money?”

The more important questions are:

Who ordered the restriction? Under which legal provision? Which criminal investigation is involved? Which transactions are considered suspicious? And what procedure is available to challenge or narrow the measure?

Can Turkish Authorities Freeze a Foreigner’s Bank Account?

Yes.

Turkish criminal-procedure rules concerning seizure of assets apply regardless of whether the account holder is a Turkish citizen or foreign national.

Article 128 CMK expressly includes every type of account held with banks or other financial institutions among the assets capable of being seized under the provision. (Anayasa Mahkemesi)

Accordingly, accounts belonging to foreign investors, foreign company directors, expatriates, international students, foreign employees and overseas residents can potentially be affected.

The existence of the measure, however, does not itself prove that the foreign account holder committed a crime.

Does a Frozen Account Mean the Foreigner Is Guilty?

No.

Bank-account seizure is a protective measure, not a criminal conviction.

The purpose of such measures can include preventing alleged criminal proceeds from disappearing, preserving property potentially subject to confiscation and protecting the effectiveness of criminal proceedings.

The Constitutional Court has recognized legitimate public interests behind asset-seizure measures while also emphasizing that interference with property rights must satisfy proportionality requirements. (Kararlar Bilgi Bankası)

Therefore:

Frozen account ≠ conviction.

The criminal allegations still have to be investigated and, if prosecution follows, proved through the applicable criminal procedure.

Under What Conditions Can a Bank Account Be Seized Under CMK Article 128?

Article 128 contains important evidentiary requirements.

The provision addresses situations where there are concrete-evidence-based grounds for strong suspicion concerning the commission of the relevant offence and the assets allegedly obtained from that offence.

Bank accounts are expressly included among the relevant property categories. (Anayasa Mahkemesi)

The measure is therefore not intended to provide unlimited authority to freeze assets unrelated to alleged criminal conduct.

The precise statutory basis should always be examined in the particular investigation.

Which Crimes Can Lead to Bank Account Seizure?

Article 128 is linked to categories of offences specified by law.

These include serious offences such as certain fraud-related crimes and other offences identified in the provision and related legislation.

Fraud investigations are particularly relevant in practice. Constitutional Court decisions discussing Article 128 expressly reproduce the provision’s application to fraud offences under Articles 157 and 158 of the Turkish Criminal Code. (Kararlar Bilgi Bankası)

Other financial investigations can involve money laundering, organized criminal activity, smuggling and other qualifying offences depending on the facts and statutory basis.

Can an Account Be Frozen in an Online Fraud Investigation?

Potentially, yes.

This has become increasingly important because online fraud frequently involves several bank accounts.

For example, a victim may send 200,000 TL to Account A.

The money may then be transferred to Account B, divided among Accounts C and D and eventually withdrawn or converted into other assets.

Authorities may investigate the entire transaction chain.

As a result, a foreign account holder can sometimes become involved even though the alleged victim never directly transferred money to that foreigner.

What If Fraud Money Was Transferred Into a Foreigner’s Account?

The circumstances become extremely important.

Suppose someone tells a foreign national:

“My bank account has reached its transfer limit. Let the money come to your Turkish account and then send it to me.”

The foreigner agrees.

Later, it turns out that the money came from a victim of online investment fraud.

The foreigner’s account may become part of the investigation.

Investigators may examine whether the foreigner knowingly participated in the transaction or innocently received and forwarded the funds.

Relevant evidence can include messages, relationships between the parties, previous transfers, commissions, transaction timing and explanations given for using the account.

Is Receiving Suspicious Money Enough to Prove Criminal Liability?

Not necessarily.

The existence of a suspicious incoming transfer and criminal responsibility are different issues.

Investigators may need to determine the account holder’s knowledge and intention depending on the alleged offence.

For example, a foreigner who unknowingly receives money from a business partner may be in a materially different position from someone who repeatedly allows unknown persons to use their account in return for commission.

This is why communications surrounding the transaction can become extremely important.

Should the Foreigner Delete Messages Connected With the Transfer?

No.

Relevant WhatsApp messages, emails, Telegram conversations, invoices, contracts and other communications should be preserved.

These records may demonstrate why the foreigner believed the transaction was legitimate.

Deleting evidence can make it substantially harder to reconstruct the true circumstances later.

The transaction history should instead be documented chronologically.

Can the Entire Bank Account Be Frozen?

Potentially, depending on the scope of the order.

But whether continuing to restrict the entire balance is legally justified can become a separate question.

Suppose a foreigner has 5 million TL in a Turkish account.

A suspicious transfer under investigation amounts to 250,000 TL.

The remaining 4.75 million TL consists of documented employment income and proceeds from selling property abroad.

The foreigner may have grounds to argue that unrelated legitimate funds should not remain unnecessarily restricted, depending on the legal basis and wording of the seizure decision.

Proportionality becomes particularly important in this context.

What Does Proportionality Mean?

A protective measure should maintain a reasonable relationship between the public objective and the interference with the individual’s property rights.

The Constitutional Court describes proportionality through the principles of suitability, necessity and proportionality in the narrower sense, requiring a reasonable balance between the objective pursued and the burden imposed on the individual. (Kararlar Bilgi Bankası)

Therefore, the mere existence of an investigation does not necessarily mean every asset can remain frozen indefinitely without scrutiny.

Can Salary Money Be Frozen?

A bank account containing salary is not automatically immune from criminal-procedure measures.

However, the nature and source of the money can become relevant when seeking modification of the measure.

Interestingly, Constitutional Court case law records an example in which a criminal judge allowed salary-account holders to withdraw an amount corresponding to their most recent salary for monthly expenses before applying seizure to the remaining balance. (Kararlar Bilgi Bankası)

This does not establish an automatic rule that every suspect is entitled to monthly withdrawals, but it demonstrates why the scope and proportionality of a measure can matter.

Can Foreigners Ask for Living Expenses to Be Released?

Potentially.

Where a frozen account is the foreigner’s only source of money for rent, food, healthcare, utilities and family expenses, these circumstances can be explained in an application concerning the seizure.

The foreigner should document the legitimate origin of the funds and actual expenses.

Financial hardship alone does not automatically require lifting a lawful seizure, but it can form part of a proportionality argument, particularly where the money can be shown to be unrelated to the alleged offence.

Can Business Funds Be Frozen?

Yes, potentially.

This can create particularly serious consequences for foreign entrepreneurs operating Turkish companies.

A restricted company account may prevent payment of employees, taxes, suppliers, rent and ordinary operating expenses.

Where the investigation concerns only specific transactions, the company or affected persons may seek review of whether freezing substantially broader legitimate business funds remains necessary and proportionate.

The legal identity of the account holder must also be considered carefully.

Can a Company Account Be Frozen Because Its Foreign Director Is Under Investigation?

Potentially, but the company’s separate legal personality remains important.

Authorities may investigate whether the company itself was used as part of the alleged criminal transaction.

For example, if suspected proceeds repeatedly entered the corporate account before being transferred to the foreign director, the company account can become relevant to the investigation.

However, the fact that a director is personally under investigation does not automatically establish that every asset belonging to the company constitutes criminal proceeds.

Can a Foreigner’s Personal Account Be Frozen Because of Company Transactions?

Potentially.

Where money moves repeatedly between corporate and personal accounts, investigators may examine both.

For example, a foreign company shareholder may receive unexplained transfers from the Turkish company and immediately forward the money abroad.

If those transactions are connected with the alleged offence, the personal account may become relevant.

Foreign business owners should therefore maintain clear documentation concerning shareholder loans, dividends, salaries, expense reimbursements and other company-to-person transfers.

Can the Account Be Frozen Even If the Money Is Held in Foreign Currency?

Yes.

The fact that the account contains EUR, USD, GBP or another currency does not automatically prevent seizure.

Article 128 refers broadly to accounts held with banks or other financial institutions rather than limiting the measure to Turkish-lira accounts. (Anayasa Mahkemesi)

Foreign-currency deposits can therefore fall within the scope of an applicable seizure decision.

Can the Account Be Frozen If the Foreigner Lives Outside Turkey?

Potentially, yes.

Physical residence outside Turkey does not automatically protect an account maintained with a Turkish bank.

A foreign investor living in London, Dubai, Berlin or another jurisdiction can therefore discover that their Turkish bank account has become subject to a criminal-procedure restriction.

Representation in Turkey may then become particularly important for identifying the investigation and challenging the measure without unnecessary travel.

How Is a Bank Account Seizure Implemented?

Under Article 128, a bank-account seizure decision is communicated to the relevant bank or financial institution and implemented through the institution.

The provision also states that transactions designed to defeat the seizure after the decision has been issued are invalid. (Anayasa Mahkemesi)

Accordingly, attempting to move money after learning of the order is not a lawful solution.

The appropriate response is to challenge the measure through the available legal procedures.

What Should the Foreigner Ask the Bank?

The foreign account holder should first determine what the bank is legally able to disclose.

Useful information may include whether the restriction arises from:

an internal compliance measure,

a prosecutor’s office,

a criminal court or judgeship,

a particular investigation,

an enforcement proceeding,

or another administrative/judicial authority.

Where available, the account holder should identify the investigation number, authority issuing the decision, date and scope of the restriction.

Without this information, it may be impossible to determine the correct legal remedy.

Is Every Frozen Bank Account a MASAK Freeze?

No.

This is a frequent misunderstanding.

Customers sometimes refer to almost every suspicious-account restriction as a “MASAK block.”

In reality, a bank restriction may result from several different legal mechanisms.

A MASAK-related compliance or financial-intelligence process is not necessarily identical to a judicial seizure under Article 128 CMK.

Therefore, asking “How do I remove the MASAK block?” may be the wrong question until the legal source of the restriction has been identified.

Can MASAK Become Involved in the Investigation?

Yes.

Financial investigations can involve MASAK analysis and reports depending on the alleged offence and statutory procedure.

Article 128 itself has historically contained provisions concerning reports from relevant financial regulatory and investigative authorities, including MASAK, concerning alleged proceeds of crime. (Anayasa Mahkemesi)

For foreigners receiving substantial international transfers, financial records can therefore become central evidence.

What Documents Should a Foreigner Prepare?

The documentation should explain the origin and purpose of the disputed money.

For international transfers, this may include foreign bank statements and SWIFT records.

For property-sale proceeds, the foreigner should preserve the sale contract, title documents and corresponding bank movements.

For salary, employment contracts and payroll documentation can be relevant.

For business payments, invoices, commercial contracts, accounting records and correspondence may be required.

For shareholder funds, corporate resolutions, dividend documentation or shareholder loan agreements may become important.

The objective is to establish a complete financial chain:

Source of money → reason for payment → transfer into Turkey → use of funds.

What If the Money Came From Cryptocurrency?

Crypto-related funds require particularly careful documentation.

The account holder should preserve exchange statements, transaction histories, records showing acquisition of the crypto assets, sale records and subsequent transfer of fiat currency into the Turkish banking system.

A simple statement that “I earned it from crypto” may not adequately explain a large transfer.

The transaction trail should be capable of independent verification.

What If the Money Came From Selling Property Abroad?

This can usually be documented relatively clearly.

Suppose a foreign national sells a property in France for EUR 400,000 and transfers the proceeds to a Turkish bank account.

The foreigner should preserve documents showing ownership, sale, payment into the foreign bank account and subsequent SWIFT transfer into Turkey.

This creates a traceable chain demonstrating the lawful origin of the funds.

What If the Money Is a Loan From a Friend or Family Member?

The relationship and financial transaction should be documented.

Authorities may ask why the person transferred a substantial amount, where the sender obtained the money and whether the transaction was genuinely a loan.

A properly executed loan agreement, bank records and correspondence can help establish the transaction’s actual purpose.

Creating a backdated agreement after the account has been frozen should be avoided.

Can the Foreigner Request Return of the Seized Money?

Yes, where the statutory conditions for continuing the seizure no longer exist.

Article 131 CMK provides that property belonging to a suspect, defendant or third party should be returned where its continued retention is no longer necessary for the investigation or prosecution, or where it becomes clear that it will not be subject to confiscation.

A return can occur ex officio or upon request, and a refusal can be challenged. (Kararlar Bilgi Bankası)

This makes an appropriately supported release application an important remedy.

Can Only Part of the Money Be Released?

Depending on the circumstances, a request can potentially focus on narrowing the seizure rather than demanding immediate release of everything.

This may be strategically important.

If the investigation concerns one particular 500,000 TL transaction while the account contains several million lira from independently documented lawful sources, the foreigner can present evidence distinguishing those funds.

The exact possibilities depend on the wording and legal basis of the seizure order.

Can the Foreigner Object to the Seizure?

Potentially, yes.

The relevant procedural route depends on how the measure was ordered and at what stage of proceedings.

A lawyer should first obtain and review the actual decision rather than filing a generic objection.

An effective challenge may address:

the statutory basis,

the suspected offence,

evidence linking the funds to the offence,

ownership of the money,

lawful source of funds,

necessity of continuing the measure,

scope of the restriction,

and proportionality.

What If the Foreigner Is Not a Suspect?

Third-party property issues can still arise.

Article 128 recognizes that identified assets may be subject to seizure even when held by someone other than the suspect or defendant in circumstances covered by the provision. (Anayasa Mahkemesi)

However, a genuine third party may have powerful arguments where they can establish independent ownership and demonstrate that the funds are unrelated to criminal proceeds.

The distinction between holding someone else’s money and owning legitimately acquired funds can therefore become decisive.

Can an Innocent Third Party Get Their Money Back?

Potentially, yes.

Article 131 expressly contemplates the return of seized property belonging not only to suspects and defendants but also to third parties where continued retention is unnecessary or confiscation will not apply. (Kararlar Bilgi Bankası)

The third party should provide documentation establishing ownership and legitimate origin.

What If the Prosecutor Refuses to Release the Account?

The refusal should be examined under the applicable objection procedure.

The foreigner should avoid repeatedly submitting identical unsupported requests.

A stronger approach is usually to identify the reason the previous request failed and provide new or clearer evidence concerning the source of funds, relationship to the alleged offence and proportionality of continuing the measure.

How Long Can a Bank Account Remain Frozen?

There is no universal period applicable to every criminal bank-account restriction.

The duration depends on the legal basis, investigation, offence and continuing necessity for the measure.

However, prolonged interference with property rights remains subject to legal scrutiny.

The Constitutional Court’s approach to seizure cases emphasizes the need to maintain a fair and proportionate balance when property rights are restricted during criminal proceedings. (Kararlar Bilgi Bankası)

Accordingly, an account should not simply be regarded as capable of remaining frozen indefinitely without legal justification.

Can a Foreigner Claim Compensation for an Unlawful Seizure?

Potentially.

Article 141 CMK provides compensation mechanisms in certain circumstances where property or other assets were seized despite the legal conditions not being satisfied, or where required protections were not observed.

Constitutional Court materials discussing Article 141 expressly reference compensation concerning improperly seized property and other assets. (Anayasa Mahkemesi)

Whether compensation is available in a particular case depends on the precise circumstances and procedural outcome.

Does a Frozen Account Affect the Foreigner’s Residence Permit?

Not automatically.

A criminal investigation and immigration status are legally separate matters.

A bank-account seizure does not itself automatically cancel a Turkish residence permit.

However, if the investigation results in separate criminal or immigration measures, those developments may require independent legal assessment.

Can a Frozen Account Lead to Deportation?

Not automatically.

The fact that a foreigner’s bank account has been frozen does not itself establish grounds for deportation.

Criminal investigation, criminal liability and immigration enforcement should be analysed separately.

If a deportation decision is eventually issued, that decision has its own procedural rules and challenge mechanisms.

What If the Foreigner Is Summoned for a Police Statement?

The transaction history should be reviewed before the statement.

Financial cases can involve dozens or hundreds of transfers.

A person who tries to answer from memory may accidentally give inconsistent information concerning amounts, dates or counterparties.

The foreigner should therefore reconstruct the relevant chronology using bank records and communications.

If the person does not sufficiently understand Turkish, interpretation rights should also be considered.

What If the Foreigner Is Outside Turkey When Summoned?

The procedural situation should be assessed immediately rather than ignored.

Whether personal attendance is required depends on the investigation and the authority requesting the statement.

A Turkish lawyer may be able to obtain information concerning the investigation and determine the procedural status before the foreign national makes travel decisions.

Ignoring official criminal proceedings can create additional difficulties.

Should the Foreigner Contact the Alleged Victim?

Usually this should not be done impulsively.

Direct contact can sometimes create misunderstandings or allegations of pressure.

If the account received money connected with an alleged fraud, the communications and repayment strategy should be assessed carefully.

Voluntary repayment can be legally significant in some circumstances, but it should not be undertaken without understanding the broader investigation.

Can the Foreigner Transfer Other Assets Out of Turkey After the Freeze?

Attempting to move assets merely to defeat criminal-procedure measures can create serious additional problems.

Article 128 specifically provides that transactions designed to render an account seizure ineffective after the decision are invalid. (Anayasa Mahkemesi)

The correct strategy is therefore legal challenge and documentation—not concealment or asset flight.

Practical Example: Foreign Investor Receives USD 600,000

Assume a foreign investor has maintained a Turkish bank account for five years.

USD 600,000 enters the account from an overseas company.

Shortly afterwards, the account becomes inaccessible because the Turkish company connected with the transaction is under investigation.

The investor should first identify the legal source of the freeze.

If the USD 600,000 represents legitimate proceeds from a documented share sale, the investor should assemble the share purchase agreement, corporate records, foreign bank statements, tax records and SWIFT documentation.

The legal application can then focus on demonstrating that the money has an identifiable lawful source and is unrelated to the suspected criminal proceeds.

The investor should not merely tell the bank, “This money belongs to me.”

Ownership and lawful origin should be demonstrated through evidence.

Practical Example: Foreigner’s IBAN Used by a Friend

Suppose a foreign university student gives their Turkish IBAN to a friend.

Three unknown people transfer money into the account.

The friend tells the student to transfer the funds onward and promises a 5% commission.

Several weeks later, the account is frozen during a fraud investigation.

This presents a substantially higher-risk situation.

Authorities may examine why the student permitted use of the account, whether they knew the senders, why a commission was paid, what communications occurred and whether similar transactions happened previously.

The legal strategy would therefore involve not only seeking release of the account but also addressing potential criminal liability.

2026 Legal Position

The legal position in 2026 remains clear on the fundamental issue:

A foreigner’s Turkish bank account can be subjected to criminal-procedure seizure when the statutory conditions are satisfied.

Article 128 CMK expressly includes accounts held with banks and other financial institutions. The measure is designed to preserve qualifying assets connected with specified criminal investigations. (Anayasa Mahkemesi)

At the same time, seizure is an interference with property rights and must satisfy applicable requirements concerning legal basis, evidence, necessity and proportionality. The Constitutional Court has repeatedly examined asset seizures through this property-rights framework. (Kararlar Bilgi Bankası)

Article 131 also provides an important mechanism for returning seized assets when their continued retention is no longer necessary or confiscation will not apply. A refusal of a return request can itself be challenged. (Kararlar Bilgi Bankası)

For foreign account holders, therefore, the most effective response is usually:

identify the order → identify the investigation → trace the questioned transactions → document lawful source of funds → challenge unnecessary or disproportionate restrictions.

Frequently Asked Questions

1. Can Turkey freeze a foreign citizen’s bank account during an investigation?

Yes. Foreign nationality does not prevent a Turkish bank account from being subjected to a lawful criminal-procedure seizure.

2. Does an account freeze mean I have been charged with a crime?

No. A seizure is a protective measure and does not itself establish guilt.

3. Can all the money in my account be frozen?

Potentially, depending on the order. Where substantial amounts can be shown to be unrelated legitimate funds, the scope and proportionality of the restriction may be challenged.

4. Can I request release of legitimate funds?

Potentially. Article 131 CMK permits return of seized property where continued retention is unnecessary or confiscation will not apply. (Kararlar Bilgi Bankası)

5. Can salary money be released?

Potentially, depending on the circumstances and order. Salary source, living expenses and proportionality can be documented when requesting modification or release.

6. What if suspicious money entered my account without my knowledge?

Knowledge and intent can be critical depending on the alleged offence. Preserve all communications and documents explaining why you received the payment.

7. Is every account freeze imposed by MASAK?

No. Restrictions can arise from different banking, administrative and criminal-procedure mechanisms. The precise legal basis should be identified first.

8. Can my account remain frozen while I live abroad?

Yes. A Turkish bank account can remain subject to a Turkish judicial measure even when its owner resides outside Turkey.

9. Can I challenge an unlawful bank account seizure?

Potentially, yes. The correct procedure depends on the decision and stage of the criminal proceedings.

10. Can I claim compensation if the seizure was unlawful?

Potentially. Turkish criminal procedure provides compensation remedies in certain circumstances involving unjustified seizure of property or other assets. (Anayasa Mahkemesi)

Legal Support for Foreigners With Frozen Bank Accounts in Turkey

When a foreign national’s Turkish bank account is frozen during a criminal investigation, the most important first step is to determine which authority issued the decision, which investigation is involved, what transaction triggered the measure and whether the frozen money can actually be connected to the alleged offence.

Fırat Fesih Kaya Law Office provides legal assistance to foreign individuals, investors and company directors concerning frozen Turkish bank accounts, fraud investigations, MASAK-related financial investigations, prosecutor and court seizure decisions, international transfers, cryptocurrency transactions and applications for the release of legitimate funds.

Where the account contains both questioned transactions and independently documented legitimate funds, Fırat Fesih Kaya can assess whether the seizure can be challenged, narrowed or lifted and prepare the source-of-funds evidence required for the relevant proceedings.

Particularly where substantial USD, EUR or GBP balances are frozen, early preparation of the complete transaction chain can be decisive.

Phone: +90 312 434 22 22
Mobile Phone: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yildirim Tower, Balgat, Cankaya / Ankara, Turkey