Property-Related Crimes Against Foreigners Living in Türkiye and Their Legal Status
Türkiye hosts millions of foreign nationals every year due to its geographical location, economic dynamics, touristic appeal, and the quality of life it offers. Individuals with residence permits, persons under international protection, students, investors, and tourists are a natural part of daily life in the country.
However, this multicultural structure of social life also brings certain specific situations, disadvantages, and practical difficulties in terms of property-related crimes. Foreign nationals may become victims of such crimes due to factors such as language barriers, unfamiliarity with the Turkish legal system, lack of information, and occasionally being perceived as easier targets.
In this section, we will examine how property-related crimes against foreigners living in Türkiye occur, the practical challenges they face, and the legal remedies available to them.
1. The Most Common Property Crimes Faced by Foreigners
Foreigners in Türkiye may encounter similar types of crimes as Turkish citizens; however, due to their lifestyle, circumstances, and legal status, they may be placed at a more disadvantageous position in certain types of crimes.
A. Qualified Fraud and Cyber Crimes Targeting Foreigners
Foreign nationals can become primary targets of fraudsters, especially due to language barriers and their unfamiliarity with the functioning of official institutions.
Residence Permit and Immigration Authority Fraud:
Fraudsters who introduce themselves as officials from the Directorate General of Migration Management, the police, or consulates may commit the crime of qualified fraud (Article 158 of the Turkish Penal Code) by deceiving foreigners with false claims such as: “Your residence permit is about to be cancelled,” “You have an outstanding tax debt,” or “You need to make a payment to avoid deportation.”
Rental and Real Estate Fraud:
Foreigners who wish to rent a property or purchase real estate in Türkiye may frequently encounter fake advertisements, fraudulent title deeds, or deposit/down payment scams.
International Money Transfer and Cryptocurrency Fraud:
Foreigners who have recently arrived in the country and have not fully adapted to the local banking system may be deceived through fake online investment platforms or false promises related to currency exchange.
B. Theft Crimes Targeting Tourists and Migrants
Pickpocketing and Snatch Theft:
In crowded tourist areas (such as Sultanahmet and Taksim in Istanbul, as well as central locations in Antalya), foreign tourists may be targeted for theft of valuable belongings such as passports, wallets, and mobile phones.
Residential and Hotel Theft:
Cases of theft or abuse of trust may occur in short-term rental apartments (such as Airbnb-type accommodations) or hotels where foreigners stay.
C. Taxi and Merchant Disputes / Unfair Pricing Practices
Although these situations do not directly fall under traditional theft crimes, in some cases foreigners may face acts aimed at obtaining unjust financial gain or indirectly causing financial loss. Excessive pricing, forced sales of services, or similar practices may lead to legal disputes.
2. Practical and Legal Difficulties Experienced by Foreigners During Judicial Proceedings
When a property-related crime is committed against a foreigner in Türkiye (for example, when their home is burglarized, their money is stolen through fraud, or their vehicle is damaged), there are additional bureaucratic and psychological obstacles that must be overcome compared to Turkish citizens.
Language Barrier and Communication Problems
At the time of the incident, contacting the police, giving a statement at a police station, or filing a criminal complaint before the prosecutor’s office may be delayed due to language-related difficulties. Providing an interpreter through law enforcement authorities may sometimes take time.
Lack of Knowledge of Legal Rights
Foreigners may not be sufficiently aware of their rights under the Turkish Penal Code, complaint periods (for example, the four-month complaint period applicable to certain offenses such as damage to property), and available legal assistance or legal aid mechanisms.
Obligation to Leave the Country / Time Constraints
For individuals whose residence permits have expired or who are staying in Türkiye with tourist visas, having to return to their home countries before legal proceedings are concluded may make it difficult to follow up on the investigation and may negatively affect access to justice.
Lack of Trust
Foreign nationals may avoid seeking their legal rights because they do not know how the justice system operates in a foreign country and may feel uncertain about the process.
3. Legal Remedies and Recommended Actions for Foreigners
The legal procedures that foreigners living in or visiting Türkiye should follow when a crime is committed against their property are based on the same fundamental principles applicable to Turkish citizens. However, there are important practical considerations that should be taken into account.
A. Immediate Application to Law Enforcement Authorities (Police / Gendarmerie)
As soon as a crime is discovered, the person should immediately apply to the nearest police station or gendarmerie station, or call the 112 Emergency Call Center.
When giving a statement, the person should request a sworn interpreter. They should not sign any documents or official records without ensuring that the statements recorded in the presence of the interpreter are accurate and fully reflect their explanation.
In cases of fraud or theft, all available digital evidence, including bank receipts, transaction records, written communications, messages, and security camera footage, should be preserved and submitted to law enforcement authorities.
B. Assistance from Consulates
A foreign national may contact the embassy or consulate of their own country in Türkiye to request legal guidance, interpreter assistance, or recommendations for reliable lawyers.
C. Obtaining Assistance from an Experienced Criminal Lawyer
Working with a criminal lawyer who is familiar with foreign nationals’ legal issues and Turkish criminal law procedures, preferably one who speaks the foreigner’s language, is highly important for the proper management of both the investigation stage and the prosecution process (the prosecutor’s investigation and court proceedings).
A lawyer can follow and manage the entire legal process through a power of attorney, even if the client is not personally present at the courthouse.
D. Effective Repentance and Compensation of Damages
If the offender is identified and apprehended, the provisions regarding effective repentance under Article 168 of the Turkish Penal Code are also applicable to foreign victims. If the offender returns the property or compensates the damage caused, reductions in punishment may be applied.
For the determination and compensation of the foreign victim’s losses, compensation claims and other legal remedies may also be pursued through a lawyer.
Conclusion
For foreigners living in or visiting Türkiye, property-related crimes may become complicated due to language barriers, bureaucratic procedures, and unfamiliarity with how the legal system operates. However, under the laws of the Republic of Türkiye, there is no fundamental distinction between foreigners and Turkish citizens regarding property rights and protection of assets; both are equal before the law.
To prevent loss of rights, the most appropriate approach for foreigners who encounter a crime is to remain calm, immediately contact law enforcement authorities, preserve all evidence, and seek professional legal assistance when necessary.
No Responses