With the growing use of electronic communication in both personal and business life, one of the most common legal questions today is whether e-mail correspondence can be used as evidence in Turkish courts.
In Türkiye, e-mails are now considered an essential part of daily communication. However, their admissibility as evidence depends on the type of case, the content of the e-mails, and most importantly, the method by which they were obtained.
Are E-Mail Conversations Admissible as Evidence in Court?
Yes. E-mail correspondence may be submitted as evidence in Turkish courts, provided that the evidence is obtained through lawful means and has evidentiary value under Turkish procedural law.
E-mails may be used to prove a wide variety of matters. For instance, in criminal cases, they can be used to demonstrate offenses such as defamation, threat, fraud, sexual harassment, or blackmail committed electronically. In civil disputes, such as business or contractual relationships, e-mails may help to prove an agreement, an instruction, or a debt between the parties.
However, not all e-mails automatically qualify as evidence. Their admissibility and weight depend on the method of collection, their authenticity, and whether they comply with Turkish procedural rules.
The Evidentiary Nature of E-Mails
Under Turkish law, e-mails are generally classified as discretionary evidence (takdiri delil). This means the judge evaluates the e-mail along with other evidence and decides whether to consider it credible. The court is not legally bound to base its decision solely on e-mail correspondence.
Therefore, when presenting e-mails as evidence, it is advisable to support them with additional proof, such as witness statements, written agreements, or expert reports. For example, if a party wants to prove a loan or an employment relationship through e-mail, corroborating evidence significantly strengthens the claim.
Conditions for Using E-Mail Correspondence as Evidence
Two essential conditions determine whether e-mails can be used as evidence in Turkish courts:
The method of obtaining the evidence must be lawful.
The evidence itself must not violate legal or constitutional rights.
If either of these conditions is violated, the e-mails cannot be admitted as evidence, regardless of their content.
1. Legality of the Evidence Collection Method
The way in which the e-mails were obtained is crucial. E-mails must be lawfully accessed and presented. For instance, accessing someone else’s e-mail account without permission, obtaining login credentials without consent, or intercepting private correspondence is considered a criminal offense under Turkish law.
Evidence obtained this way cannot be submitted in court and will be disregarded. Additionally, the person who obtained the data may be criminally prosecuted for unauthorized access to information systems under Article 243 of the Turkish Criminal Code.
2. Legality of the Evidence Itself
Even if e-mails are authentic, they cannot be used if they were acquired in violation of the law. Both the Code of Criminal Procedure (CMK) and the Code of Civil Procedure (HMK) explicitly state that unlawfully obtained evidence cannot be relied upon.
CMK Article 217/2:“An offense may be proven only by evidence lawfully obtained.”
HMK Article 189/2:“Evidence obtained in violation of the law shall not be considered by the court in proving a fact.”
Thus, if e-mails are obtained through illegal access, coercion, or deceit, they will not be admissible in any type of proceeding, whether criminal or civil.
How to Ensure That E-Mails Are Accepted as Valid Evidence
To increase the likelihood that e-mail correspondence is accepted as valid evidence, several legal methods can be used:
Requesting an official forensic reportto confirm the authenticity of the e-mails.
Having the e-mails verified by a notary publicusing the e-detection (e-tespit)procedure, which captures the content and timestamp of the message.
Requesting a court-appointed expert (bilirkişi)to analyze the e-mails and issue a technical report confirming that no alterations have been made.
Obtaining an expert opinionfrom a digital forensics professional before filing the case.
Supporting the e-mails with witness statementsto strengthen the reliability of the content.
In criminal cases, it is strongly recommended to have an official message detection report (mesaj tespit tutanağı) issued through the prosecutor’s office to ensure that the digital evidence is verified and admissible.
In Which Types of Cases Can E-Mails Be Used as Evidence?
E-mail correspondence can serve as evidence in various legal contexts. The most common include:
1. Criminal Cases
E-mails are often key evidence in cybercrimes, fraud, harassment, or blackmail. For example, sending threatening or sexually explicit messages via e-mail constitutes a criminal act. Courts frequently rely on e-mails in such cases, provided they are verified and obtained lawfully.
2. Divorce Cases
E-mails can also serve as evidence in divorce cases, particularly to prove adultery, insult, humiliation, or threats between spouses. However, if one spouse accesses the other’s e-mail account without consent, this evidence may be excluded due to illegality.
There are exceptional cases where the Court of Cassation (Yargıtay) has accepted unlawfully obtained e-mails, but only if it was impossible to prove the claim through other lawful means. Such exceptions are very limited and assessed on a case-by-case basis.
3. Debt and Commercial Disputes
E-mails may also be used in debt or commercial disputes. However, under Article 200 of the Code of Civil Procedure, when the disputed amount exceeds 33,000 TRY (as of 2025), the relationship must generally be proven with a written document.
In such cases, e-mails may still serve as preliminary evidence (delil başlangıcı), allowing witness testimony to be admitted. Article 202/2 HMK defines preliminary evidence as a document that makes a legal relationship probable even if it does not fully prove it.
4. Employment Disputes
In employment law, e-mails often play a central role in proving communication between employer and employee. E-mails may contain evidence about salary discussions, job duties, termination reasons, workplace harassment, or unfair dismissal.
If the e-mails are obtained lawfully, they can be submitted to the Labor Court (İş Mahkemesi) to support the worker’s or employer’s position.
Conclusion
E-mails can serve as crucial evidence in both civil and criminal cases in Türkiye, but only if they are obtained and presented in compliance with the law. Courts assess not only the authenticity of the e-mails but also whether the method of obtaining them respects the right to privacy and data protection.
To avoid rejection of evidence and potential legal exposure, individuals should always seek assistance from a qualified attorney before using e-mail correspondence in any legal proceeding.
Bayraktar Attorneys Can Assist You
At Bayraktar Attorneys, we advise and represent clients in matters involving digital evidence, cybercrime, and electronic communication disputes in Türkiye. Our experienced lawyers provide:
Legal representation in criminal and civil casesinvolving e-mail and electronic communications,
Notarial and forensic verificationof e-mail evidence,
Advisory services on data privacy, evidence collection, and electronic recordkeeping, and
Comprehensive legal strategiesto ensure that digital evidence is admissible before Turkish courts.
📞 Contact us: [email protected] | www.bayraktarattys.com
📍 Kolektif House Levent, Talatpaşa Cd. No: 5/1, 34394 Şişli / İstanbul, Türkiye
