Internal Investigation Interviews in Turkey: How Should Foreign Companies Preserve Criminal Evidence? (2026 Updated Guide)

How should foreign companies conduct internal investigation interviews in Turkey without compromising criminal evidence? Learn about interview records, emails, devices, employee statements, confidentiality, evidence preservation and criminal proceedings.

Foreign companies operating in Turkey may discover suspected fraud, bribery, embezzlement, forgery, misuse of corporate assets, unauthorized payments, data manipulation or other conduct that could potentially lead to a criminal investigation. An internal investigation can help the company determine what happened, identify responsible individuals and protect corporate interests. However, poorly conducted employee interviews can also create serious problems. Statements may be altered, electronic evidence may disappear, witnesses may coordinate their accounts, personal data may be handled improperly or documents later needed by prosecutors may lose evidentiary value. For this reason, a foreign company conducting an internal investigation in Turkey should establish an evidence-preservation strategy before substantive interviews begin.

Why Are Internal Investigation Interviews Important?

Documents and electronic records rarely explain the entire factual background. Employees may know who authorized a payment, who controlled an account, why an invoice was created, who instructed a transaction or where additional evidence can be located.

Interviews can therefore help reconstruct the chronology and identify further evidence.

An Internal Interview Is Not a Police Statement

A corporate internal investigation should be distinguished from a formal statement taken by Turkish law-enforcement authorities or prosecutors.

The company should not present its internal process as though it were exercising public investigative powers.

Preserve Evidence Before Interviewing Key Employees

One of the most important practical rules is to preserve relevant evidence before alerting individuals who may be implicated.

If a potentially responsible employee learns that an investigation has started before evidence is secured, emails, messages, documents or other records may disappear.

Issue an Internal Preservation Notice

Relevant personnel should be instructed, where appropriate, not to delete or alter documents potentially connected with the investigation.

The scope should be proportionate to the allegations and the company’s legal obligations.

Suspend Routine Deletion Where Necessary

Companies frequently operate automatic email deletion, document-retention or messaging policies.

Relevant automated deletion processes should be reviewed promptly so potentially important information is not destroyed through ordinary system operation.

Identify the Relevant Data Sources

Potential evidence may exist in corporate email accounts, company computers, mobile devices, accounting software, ERP systems, access-control records, corporate messaging platforms, cloud storage, expense systems and company servers.

The investigation team should create a data-source map.

Preserve Original Electronic Evidence

Where electronic evidence may become important in criminal proceedings, preservation should focus on maintaining the original data and its integrity.

Simply printing an email or taking a screenshot may not preserve all potentially relevant technical information.

Metadata Can Matter

Electronic files may contain creation dates, modification dates, sender information, access information and other metadata.

Improper copying or editing can alter some of this information.

Do Not Modify Original Files

Investigators should generally work from appropriately preserved copies rather than repeatedly manipulating original evidence.

Original evidence should be retained securely.

Maintain a Chain of Custody

Companies should record who collected important evidence, when it was collected, where it came from, how it was stored and who subsequently accessed it.

A clear chain of custody can become valuable if authenticity is later disputed.

Preserve Both Incriminating and Exculpatory Evidence

An internal investigation should not become an exercise in collecting only documents supporting an initial suspicion.

Evidence potentially showing that an employee did not commit the alleged conduct should also be preserved.

Determine the Purpose of Each Interview

Before interviewing an employee, identify what information that person is expected to possess.

Prepare the factual topics and relevant documents in advance rather than conducting an unfocused conversation.

Interview Order Can Affect the Investigation

Where several employees are involved, interview sequencing should be considered strategically.

In some cases, interviewing peripheral witnesses before the principal subject allows investigators to understand the facts before confronting the central allegations.

Avoid Revealing All Evidence at the Beginning

Investigators do not necessarily need to disclose every document they possess at the start of an interview.

Open questions can help establish the employee’s independent recollection before specific records are introduced.

Start With Open Questions

Questions such as who participated, what happened, when the event occurred and how a particular process normally operates can help establish the employee’s account.

Leading questions can reduce the value of the interview if they effectively supply the answer.

Establish the Employee’s Role

Determine the employee’s position, authority, reporting structure and responsibilities during the relevant period.

This can later help distinguish between knowledge, participation and formal responsibility.

Separate Personal Knowledge From Assumptions

Interviewers should determine whether the employee personally witnessed an event or merely heard about it from someone else.

The source of each important allegation should be recorded.

Create a Clear Interview Record

The company should determine in advance how interviews will be documented.

Depending on the circumstances, this may involve structured interview notes, memoranda or other records prepared consistently across the investigation.

Identify the Participants

The record should ordinarily identify the interviewee, interviewers, date, location or method of interview and other persons present.

This information may become important later if the content of the interview is disputed.

Do Not Rewrite the Interview to Fit the Theory

Interview records should accurately reflect material statements, including information inconsistent with the company’s initial assumptions.

Selective documentation can damage the credibility of the investigation.

Should the Interview Be Audio Recorded?

Recording creates additional legal and privacy issues and should not be treated as an automatic investigation technique.

Before recording, the company should evaluate Turkish law, the circumstances of the interview, employee expectations and applicable personal-data requirements.

Secret Recording Can Create Additional Legal Problems

Foreign companies should not assume that practices permitted in another jurisdiction can automatically be used in Turkey.

The legality and evidentiary implications of covert recordings require case-specific assessment.

Personal Data Rules Must Be Considered

Internal investigations can involve employee communications, identity information, financial records and other personal data.

Evidence preservation should therefore be coordinated with applicable Turkish data-protection obligations.

Do Not Collect Everything Merely Because It Is Technically Accessible

Corporate access to an employee’s device or account does not automatically mean that every piece of personal information should be copied and reviewed.

Collection should be connected to the legitimate scope of the investigation.

Private Communications Require Particular Care

If company devices contain personal correspondence or private accounts, the investigation team should avoid unnecessary intrusion and establish appropriate review procedures.

Cross-Border Data Transfers Can Create Issues

A multinational company may want to send investigation materials to its foreign headquarters, outside counsel or forensic provider.

Before transferring employee or investigation data outside Turkey, applicable data-protection and transfer requirements should be evaluated.

Foreign Headquarters Should Not Take Control Without Local Review

Global compliance teams may have standardized investigation procedures, but Turkish criminal, employment and data-protection considerations should be integrated before those procedures are applied locally.

Use Qualified Interpreters Where Necessary

Foreign executives or employees may not share a common language with the investigation team.

Important questions and answers should be translated accurately so that meaning is not distorted.

Preserve the Original Language

Where an employee gives an important statement in Turkish or another language, preserve the original wording or reliable original-language record where possible rather than retaining only an informal translated summary.

Avoid Promising Immunity From Criminal Investigation

A private company cannot guarantee that prosecutors will not investigate an employee.

Interviewers should therefore avoid promises they cannot legally control.

Do Not Threaten Employees With Criminal Consequences to Obtain a Statement

Statements obtained through inappropriate pressure may create evidentiary, employment and credibility problems.

Interview practices should remain professional and lawful.

Employment and Criminal Issues Should Be Separated

The company may need to consider disciplinary measures while also preserving evidence for a potential criminal complaint.

An employment decision should not be allowed to destroy or compromise evidence needed for criminal proceedings.

Secure Company Devices Before Employment Ends

If an implicated employee resigns or is dismissed, company-owned laptops, phones, access cards and other devices should be secured in accordance with lawful procedures.

Relevant accounts and records should also be preserved before routine offboarding processes erase information.

Preserve Access Logs

System-access logs may help establish who accessed accounting systems, files, payment platforms or corporate databases.

They can be particularly important where several employees deny responsibility for a transaction.

Accounting Records Can Be Critical

In fraud, embezzlement and unauthorized-payment investigations, preserve invoices, bank instructions, payment approvals, accounting entries and audit trails.

The investigation should connect interviews with objective financial records.

Preserve Bank Evidence

Bank statements, transfer instructions, beneficiary information and approval records may help reconstruct the movement of funds.

Do not wait until litigation begins to collect these records if retention periods may become an issue.

Preserve Corporate Authorization Records

Board resolutions, signature circulars, powers of attorney, approval matrices and internal delegation documents can establish who had authority to approve the disputed transaction.

Emails Should Be Preserved in Context

An isolated email may be misleading.

Where relevant, preserve the complete email chain and associated attachments so the chronology and participants can be understood.

Messaging Applications May Contain Relevant Evidence

Corporate messaging platforms and business-related mobile communications can become important in internal investigations.

Their collection and use should nevertheless comply with applicable privacy, employment and evidentiary requirements.

Screenshots Are Not Always Enough

A screenshot can be useful but may omit metadata and surrounding context.

Where authenticity could become disputed, stronger preservation methods should be considered.

Forensic Preservation May Be Appropriate

Serious investigations involving deleted files, manipulated records or disputed devices may require qualified digital-forensic assistance.

The process should be documented carefully to preserve integrity.

Do Not Conduct Unnecessary Searches of Personal Devices

If relevant evidence is believed to exist on an employee’s personal phone or computer, the company should obtain legal advice before attempting access.

Ownership of the device and the company’s interest in business information are separate issues.

Interview Documents Should Be Preserved

If documents are shown to the employee during an interview, record which documents were presented.

This can help explain the context of subsequent answers.

Follow-Up Interviews May Be Necessary

New documents or contradictory statements may require a second interview.

The company should document why the follow-up occurred and what new issues were addressed.

Compare Witness Accounts

Where employees provide conflicting accounts, identify the disagreement and seek objective evidence capable of resolving it.

Do not simply choose the statement of the more senior employee.

Avoid Witness Coordination

Employees should not be encouraged to develop a common narrative.

Where legally and practically appropriate, investigation confidentiality instructions can help preserve the independence of witness recollections.

When Should Turkish Criminal Counsel Become Involved?

Counsel should be considered early where allegations involve potentially serious criminal conduct, senior management, substantial financial loss, digital evidence, foreign executives or possible law-enforcement involvement.

Early legal review can help prevent evidence-preservation mistakes.

When Should the Company Report the Matter?

Whether and when a criminal complaint should be filed depends on the alleged offense, evidence, reporting obligations where applicable and the company’s legal position.

The decision should be made after preserving critical evidence whenever circumstances permit.

Do Not Delay Where Evidence Is at Immediate Risk

If assets are being transferred, documents are being destroyed or suspects may disappear, urgent legal measures may be required.

Internal investigation procedures should not prevent the company from seeking timely protection from competent authorities.

What Should Be Provided to Turkish Prosecutors?

If the company files a criminal complaint, the evidence should be organized clearly.

A structured chronology, key documents, transaction records and explanation of the alleged conduct can be more useful than submitting an unorganized mass of corporate data.

Preserve Originals After Submission

Providing copies or digital material to authorities does not mean the company should destroy its own properly retained records.

Maintain the investigation file according to applicable legal requirements.

Be Careful With Internal Investigation Conclusions

An internal report should distinguish established facts, disputed facts, witness statements and investigative conclusions.

Avoid presenting assumptions as proven criminal conduct.

Company Directors Should Avoid Premature Public Accusations

Publicly accusing an employee, supplier or executive before the facts are established can create additional disputes.

External communications should be coordinated carefully.

Foreign Executives May Personally Become Witnesses or Suspects

Senior managers who approved transactions or participated in relevant meetings may later be questioned by Turkish authorities.

Their role in the internal investigation should therefore be considered carefully where personal exposure may exist.

Separate Company and Individual Interests When Necessary

The company’s legal interests and those of an individual director or employee may diverge.

Where a genuine conflict arises, separate legal representation may become necessary.

Preserve Evidence of the Company’s Compliance Response

Document when the company learned of the allegation, what preservation steps were taken, who investigated and what corrective measures followed.

This chronology can help demonstrate the company’s response to suspected wrongdoing.

Review Internal Controls After the Investigation

Evidence preservation addresses the past, but the company should also identify how the suspected conduct became possible.

Approval systems, segregation of duties, payment controls and access permissions may require correction.

Immediate Evidence-Preservation Checklist

When suspected criminal conduct is discovered, a foreign company in Turkey should immediately identify relevant custodians and systems, suspend potentially destructive routine deletion, preserve original electronic and financial records, document chain of custody, secure company devices, preserve both incriminating and exculpatory material, prepare interview plans, conduct interviews consistently, manage personal data carefully, coordinate cross-border transfers with Turkish requirements and seek criminal-law advice before evidence is altered or disclosed unnecessarily.

Frequently Asked Questions

Should employees be interviewed before their emails are preserved?

Usually, preservation should be considered first where there is a realistic risk that evidence could disappear after the employee learns about the investigation.

Can a company secretly record an employee interview?

The legality and admissibility of covert recording are highly fact-specific. Foreign companies should not assume that secret recording is automatically lawful in Turkey.

Are screenshots sufficient to preserve WhatsApp or email evidence?

They can be useful, but they may not preserve metadata or the complete context. More robust preservation may be appropriate where authenticity is likely to be disputed.

Can the company search an employee’s personal phone?

Access to personal devices raises significant privacy and legal issues. Legal review should occur before attempting such a search.

Should interview notes include information favorable to the employee?

Yes. A credible investigation should preserve materially relevant evidence whether it supports or undermines the initial allegation.

Can internal investigation files be sent to foreign headquarters?

Potentially, but cross-border transfer of employee and investigation data should be assessed under applicable Turkish data-protection requirements.

Can the company promise an employee that prosecutors will not investigate them?

No. A private company cannot control prosecutorial decisions and should not make promises outside its authority.

Should the company immediately dismiss a suspected employee?

Employment measures require separate legal assessment. Before offboarding, the company should also ensure that relevant company records and devices are lawfully preserved.

Can internal interview statements later be used in a criminal investigation?

Internal records may become relevant depending on their nature, how they were obtained and the surrounding criminal proceedings. Their evidentiary treatment should be evaluated case by case.

What is the most important rule for a foreign company?

Preserve the evidence before attempting to prove the allegation. Internal interviews should be built around an already secured evidentiary record so that the investigation itself does not cause documents, metadata, devices or independent witness recollections to disappear.

Client-Focused Legal Support for Corporate Criminal Investigations in Turkey

Foreign companies facing suspected fraud, embezzlement, bribery, forgery, unauthorized payments or other potential criminal conduct may need to coordinate internal interviews, digital evidence preservation, forensic examination, employee issues, criminal complaints and responses to prosecutor or police investigations.

Fırat Fesih Kaya Law Office assists foreign-owned companies, international businesses, directors and executives with internal investigations and criminal proceedings in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in evidence-preservation strategy, employee and witness interviews, digital and financial evidence review, preparation of criminal complaints, responses to law-enforcement requests and defense of companies or executives involved in criminal investigations.

Phone: +90 312 434 22 22

Mobile: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey