For Turkish citizens living in the Netherlands, criminal law matters in Turkey often arise in connection with commercial relationships, trust within the family, the use of a power of attorney, property sales, company partnerships, debts or the drawing up of documents. A person may believe they have been defrauded in Turkey, claim that their money or property has been misused, discover that a forged document has been drawn up in their name, or be involved in a criminal investigation in Turkey as a suspect, defendant, complainant or victim.
The most important point in criminal matters is to assess correctly whether the events are merely a civil dispute or an act that gives rise to suspicion of a criminal offence. Not every unpaid debt is fraud. Not every commercial dispute means a criminal case. And not every error in a document amounts to forgery. The origin of the events, the parties’ intentions, the documents used, the money flows, the correspondence and witness statements must therefore be examined together.
In short, criminal cases involving fraud, breach of trust, forgery of documents, offences against property and commercial relationships can have serious consequences. Living in the Netherlands does not prevent you from filing a criminal complaint in Turkey, being a complainant, defending yourself or having your criminal case handled by a lawyer. However, deadlines, statements, evidence and procedural rules must be managed carefully in criminal proceedings.
Hukukcum.nl was created to help Turkish people living in the Netherlands follow criminal investigations and criminal trials in Turkey more clearly, and to draw up the right legal roadmap for economic crimes, commercial disputes and the complaint and defence stages.
Fraud
Fraud is an offence alleged when a person deceives another through fraudulent conduct and thereby obtains a benefit for themselves or someone else. In practice, fraud allegations most often arise in money transfers, property sales, fake investment promises, company partnerships, online transactions and payments based on trust.
For Turkish people living in the Netherlands, fraud allegations often arise when buying a house or land in Turkey, sending money to a relative, investing in a company, granting a power of attorney, buying a vehicle or setting up a business partnership. After paying, a person may discover that the other party did not carry out the promised transaction, did not transfer the title deed, did not deliver the goods or used forged documents.
In short, having suffered a loss is not enough for a fraud allegation. It must be assessed whether the other party acted with intent to deceive from the outset, what fraudulent conduct was used and whether the victim suffered loss as a result of that conduct.
What evidence is important in fraud allegations?
Preparing evidence is very important in fraud cases, because in a criminal investigation the events must not only be described but also supported by documents as far as possible.
The following evidence can be important in a fraud allegation:
- Bank receipts,
- Records of money transfers,
- Contracts,
- Title deed records,
- Notarial documents,
- Messages,
- Email correspondence,
- Lawfully obtained evidence relating to audio or video recordings,
- Witness statements,
- Company records,
- Advertisements, listings or sales promises,
- Documents believed to be forged,
- The other party’s identity and contact details.
Not every payment dispute is treated as fraud. A careful distinction must therefore be made between a commercial or civil dispute and an act that gives rise to suspicion of a criminal offence.
Commercial dispute or fraud?
This is one of the most common issues in practice. A person may feel defrauded because they have not been paid. But for a fraud allegation under criminal law, elements such as fraudulent conduct, deception and obtaining a benefit must be assessed.
For example, failing to pay a debt on time may not in itself amount to fraud. On the other hand, if a person obtained payment from the start using forged documents, false statements, non-existent assets or misleading promises, a separate assessment under criminal law may be made.
Breach of Trust
Breach of trust (güveni kötüye kullanma) is alleged when property, money, documents or authority handed over to a person for a specific purpose are used contrary to that purpose. This offence arises particularly in agency relationships, the management of family assets, company partnerships, money held in trust, vehicles, real estate or commercial goods.
For people living in the Netherlands, allegations of breach of trust often arise when trust placed in a relative, partner, representative or agent in Turkey is betrayed. Because a person cannot come to Turkey, they may authorise someone else to handle money, land registry transactions, rent collection, company management or a sale. If this authority is used for purposes other than those intended, a criminal law assessment may be made.
In short, the key question in a breach of trust allegation is for what purpose the property or authority was handed over and whether the recipient acted contrary to that relationship of trust.
When can an allegation of breach of trust arise?
Allegations of breach of trust may arise in the following situations:
- Money given to someone is used for a different purpose,
- An agent misuses the power of attorney,
- The price of goods handed over for sale is not paid,
- A company partner uses company assets for themselves,
- Rent is collected but not passed on to the owner,
- A vehicle or property held in trust is transferred improperly,
- Authority given within the family on the basis of trust is misused,
- Commercial goods are received and their proceeds concealed.
In such cases, the purpose for which the handover was made, whether there is a written agreement, how money or goods moved and the nature of the relationship of trust between the parties are important.
Can misuse of a power of attorney become a criminal case?
Misuse of a power of attorney may in some cases be only a civil matter, while in others it may also be examined under criminal law. For example, the agent may have transferred the property beyond the limits of their authority, kept the sale proceeds or acted to the detriment of the principal.
In that case, the title deed records, the power of attorney, the sale price, the money flows and the relationship between the parties must be assessed together. Not every dispute about a power of attorney automatically constitutes a criminal offence; but if the specific facts raise suspicion of an offence, a criminal complaint or investigation may follow.
Criminal Cases Arising from Company and Commercial Relationships
Disputes arising from company and commercial relationships often start as claims, contract, partnership or management problems. In some cases, however, the matter may also take on a criminal dimension. Misuse of company assets, forging documents, withholding information from partners, carrying out unauthorised transactions on behalf of the company or abusing commercial trust may fall within this scope.
In short, not every company dispute is a criminal case. But if behind the commercial relationship there are allegations of deception, forgery, breach of trust, damage to property or unauthorised transactions, a separate assessment under criminal law should be made.
When do company-related criminal allegations arise?
In criminal cases arising from company and commercial relationships, the following allegations are common:
- Company money used for personal purposes,
- Money withdrawn without the partners’ knowledge,
- Fake invoices or documents issued,
- Unauthorised contracts concluded on behalf of the company,
- Shares transferred improperly,
- Company assets concealed or transferred,
- Alleged irregularities in commercial books and records,
- Company debts misrepresented,
- Partners suffering losses,
- Payment received without goods or services being delivered.
In such cases, criminal law and commercial law can overlap. The same events may give rise both to a criminal complaint and to a claim for payment, damages, annulment of a company resolution, a liability action or a commercial lawsuit.
Can a company partner in the Netherlands file a complaint in Turkey?
Yes. A company partner living in the Netherlands who believes they have suffered loss due to company activities in Turkey can have the evidence reviewed by a lawyer, file a criminal complaint or follow an existing criminal investigation. Before starting the complaint process, however, company records, trade registry documents, bank movements, resolution books and correspondence should be examined.
Allegations of Forgery of Documents
Allegations of document forgery arise where official or private documents are drawn up falsely, altered or used, or where a forged document is relied on in a transaction. In criminal law, the document is often at the heart of the dispute, because the document alleged to be forged may have been used for a title deed transfer, a company transaction, an agency relationship, a promissory note, a contract, an invoice or an official application.
In short, in a forgery allegation, not only the content of the document but also who drew it up, in which transaction it was used, whether it produced a real legal effect and the intent of the parties are assessed together.
Which documents can be the subject of a forgery allegation?
In practice, the following documents can be the subject of forgery allegations:
- Contracts,
- Promissory notes,
- Invoices,
- Powers of attorney,
- Land registry transaction documents,
- Company resolutions,
- Minutes of general meetings or board meetings,
- Signature circulars,
- Bank documents,
- Delivery reports,
- Receipts,
- Applications to public authorities,
- Transactions carried out using copies of identity cards or passports.
Claims about the signature, date, stamp, content, replaced pages, additions or deletions on a document may require expert examination. In such cases it is important to obtain the original document and to examine whether transactions were carried out using photocopies or scans.
What should I do if the signature is not mine?
If you believe a signature that is not yours has been used on a document, you need to establish in which transaction the document was used and what loss resulted. Signature examination, the original document, the transaction date, the authority to which the document was submitted and the relationship between the parties are important in this process.
For people living in the Netherlands, this may arise in particular with promissory notes, contracts, land registry transactions, company resolutions or powers of attorney drawn up in Turkey. If you have such a suspicion, copies of the documents should be collected without delay and a legal assessment made.
Offences Against Property
Offences against property cover offences linked to a person suffering loss in their money, movable or immovable property, rights or economic assets. Fraud and breach of trust are important examples, but offences against property are not limited to these.
For Turkish people living in the Netherlands, allegations of offences against property often concern real estate, bank accounts, vehicles, company shares, inherited assets or commercial receivables in Turkey. The transfer of a property without the owner’s knowledge, concealment of rental income, diversion of company money or fraudulent sales may fall within this scope.
In short, the key issue in offences against property is whether there has been an unlawful decrease in a person’s economic assets and whether that decrease results from an act that constitutes a criminal offence.
Which documents are examined in offences against property?
Such cases often have both a criminal and a civil dimension. Evidence should therefore be collected systematically from the start.
Documents that may be examined include:
- Title deed records,
- Bank movements,
- Money transfer receipts,
- Lease agreements,
- Company accounting records,
- Trade registry records,
- Contracts,
- Promissory notes and cheques,
- Invoices,
- Powers of attorney,
- Correspondence,
- Witness details,
- Records of public authorities.
Does a criminal complaint make good the loss?
A criminal complaint leads to an investigation of the alleged offence. However, compensation for the loss or collection of the claim may require a separate civil lawsuit, enforcement proceedings or a claim for damages. In offences against property, therefore, not only the criminal process but also how the money will be recovered must be planned separately.
Complaint and Defence Procedures
In criminal cases, a person may be involved as a victim, complainant, suspect, defendant or intervening party (katılan). The complaint procedure and the defence procedure are different, but both must be prepared carefully. For the complainant, presenting the evidence correctly is important; for the suspect or defendant, using the right of defence effectively is important.
In short, believing you are right is not enough in criminal proceedings. The legal characterisation of the events, the evidence, the deadlines, the content of statements and procedural steps can all affect the outcome.
What should be considered in the complaint process?
In the complaint process, a chronology of the events should first be drawn up. Who caused the loss, when, through which transaction, and with which document or statement? When was the money sent? What promises were made? Which document was used? How did the loss arise?
The following elements are important when preparing a complaint:
- Describing the events in chronological order,
- Clearly stating the acts that give rise to suspicion of an offence,
- Submitting the evidence in an organised way,
- Attaching bank and document records,
- Providing the identity details of the suspect or suspects, if known,
- Naming witnesses,
- Explaining how the loss arose,
- Submitting documents on the legal and commercial relationship, if any.
Some offences can only be prosecuted upon complaint, and deadlines may apply to them. A legal assessment should therefore be made without delay once the events become known.
What should be considered in the defence process?
If a criminal investigation or case has been opened against you in Turkey, giving a statement without seeing the file, understanding the charge or examining the evidence can be risky. A defence is not simply denying the events, but explaining them on a legal and evidential basis.
The following points are important in the defence process:
- What act is the subject of the charge,
- The complainant’s allegations,
- The documents in the file,
- Movements of money and goods,
- Contracts between the parties,
- The scope of any commercial relationship,
- Witnesses,
- The content of statements,
- Exculpatory evidence,
- Legal characterisation.
For people living in the Netherlands, procedural matters such as giving a statement, the power of attorney, hearings, statements taken by another court on request (talimat), letters rogatory (istinabe) or the need to come to Turkey must also be assessed in the defence process.
Criminal Investigation and Trial in Turkey
Criminal proceedings in Turkey generally consist of an investigation stage and a prosecution stage. During the investigation, the public prosecutor assesses the suspicion of an offence, evidence is gathered, statements are taken and it is examined whether the file is sufficient to bring a case. The prosecution stage is the criminal trial before the court that begins once the indictment is accepted.
In short, following a criminal investigation and trial is not just a matter of submitting petitions. What stage the file is at, what evidence has been gathered, how statements were taken and how the court proceedings are developing must be followed regularly.
Can a criminal case in Turkey be followed from the Netherlands?
Yes. People living in the Netherlands can follow criminal cases in Turkey through a lawyer. However, some steps in criminal proceedings may require the person’s personal participation or statement. It is therefore not correct to give a general answer such as “it will be completed without ever coming to Turkey” for every case.
Steps that can be handled by a lawyer include:
- Preparing a criminal complaint,
- Submitting a complaint petition,
- Following the prosecutor’s file,
- Submitting evidence petitions,
- Preparing for the statement,
- Applying to join the criminal case as an intervening party,
- Attending the hearings,
- Preparing defence submissions,
- Assessing objections and appeals,
- Planning compensation or debt recovery linked to the criminal case.
Do criminal and civil proceedings run together in economic crimes?
Often, yes. In cases involving allegations of fraud, breach of trust or forgery, while the criminal investigation is under way, the injured party may also need a civil lawsuit or enforcement proceedings to collect the claim or make good the loss.
In economic crime cases, it may therefore not be enough to focus only on the criminal complaint. How the loss will be compensated, whether assets can be frozen, how the claim will be pursued and how the commercial relationship will be ended must also be assessed.
Frequently Asked Questions
I live in the Netherlands. Can I file a criminal complaint in Turkey?
Yes. People living in the Netherlands can file a criminal complaint through a lawyer about an alleged offence committed in Turkey or connected to Turkey. Depending on the case, documents and a power of attorney need to be prepared.
Is every unpaid debt fraud?
No. Failing to pay a debt may not in itself amount to fraud. For a fraud allegation, elements such as fraudulent conduct, deception and obtaining a benefit are assessed.
When does breach of trust arise?
An allegation of breach of trust may arise if money, property, documents or authority handed over to a person for a specific purpose are used contrary to that purpose.
If the person I gave a power of attorney to sold my property in Turkey, can a criminal case be brought?
Depending on the circumstances, misuse of the power of attorney, breach of trust or other offences may be assessed. The title deed records, the power of attorney, the sale price and the money flows must be examined.
What can I do if my company partner used company money for themselves?
First, the company records, bank movements, resolutions and accounting documents must be examined. Depending on the nature of the events, a criminal complaint, a commercial lawsuit, a claim for payment or a liability action may be considered.
Which documents are important in a forgery allegation?
The original document, signature samples, the date it was drawn up, the transaction in which it was used, correspondence between the parties and records of public authorities are important.
What should I do if there is a criminal investigation against me in Turkey?
Do not give a statement without seeing the file; examine what the charge is and what evidence exists. Your defence should be prepared with a lawyer.
Can I follow my criminal case without coming to Turkey?
Many steps can be handled by a lawyer. In some cases, however, your participation may be required for a statement, a hearing or other procedural steps. This must be assessed for each case.
Will a criminal complaint get my money back?
A criminal complaint leads to an investigation of the alleged offence. Recovering the money or making good the loss may require a separate civil lawsuit, enforcement proceedings or a claim for damages.
When Should You Consult a Lawyer?
If you believe you have been defrauded in Turkey, have noticed that your money or property has been used in breach of trust, have discovered that a forged document has been drawn up in your name, have a dispute with a company partner that has a criminal dimension, or a criminal investigation has been opened against you in Turkey, it is advisable to consult a lawyer without delay.
You should consult a lawyer in the following situations:
- The person you sent money to in Turkey did not carry out the promised transaction,
- You believe there was deception in a property, vehicle or company transaction,
- The person you gave a power of attorney to misused their authority,
- A forged signature or document was used in your name,
- Your company partner is using company assets for personal purposes,
- A criminal complaint has been filed against you,
- You have been asked to give a statement in Turkey,
- You are involved in a criminal investigation as a victim or suspect,
- You do not know how your loss will be compensated alongside the criminal proceedings.
Consulting a lawyer does not only mean filing a criminal complaint. Sometimes the matter needs to be assessed not under criminal law but as a civil or commercial case. Sometimes both criminal and civil proceedings need to be planned together. A correct assessment reduces both the risk of losing rights and the risk of taking the wrong legal route.
Conclusion
For Turkish people living in the Netherlands, criminal law and economic crimes in Turkey cover many topics, including fraud, breach of trust, criminal cases arising from company and commercial relationships, document forgery, offences against property, and complaint and defence procedures.
The right start in these cases is to draw up a chronology of events, organise the available evidence and determine whether the matter can really be assessed under criminal law. Not every commercial dispute is a criminal case; but where there is deception, forgery, breach of trust or unlawful acts against property, the criminal proceedings must be followed carefully.
Hukukcum.nl was created to help Turkish people living in the Netherlands assess criminal investigations and economic crime cases in Turkey more knowledgeably. Proper preparation of evidence, the right complaint or defence strategy and regular case follow-up with a lawyer in Turkey are essential for protecting your rights in criminal proceedings.
