Is a screenshot sufficient for conviction? The use of WhatsApp messages as evidence in criminal cases

Entrance

WhatsApp messages are used as evidence in many criminal investigations and prosecutions, including cases of defamation, threats, blackmail, fraud, sexual harassment, drug trafficking, unlawful sharing of personal data, and organized crime. While the correspondence between parties sometimes constitutes the direct instrument of the crime, it can also reveal the relationship between the suspect and the victim, the intent to commit the crime, the preparatory stages of the event, or the behavior after the crime.

However, the mere presence of WhatsApp messages in the case file does not automatically mean that these messages constitute legally admissible and conclusive evidence. The criminal court must first investigate how the messages were obtained, to whom they belong, whether they have been altered, whether the entire conversation has been presented, and which element of the alleged crime the message content proves.

Therefore, the evidentiary value of WhatsApp messages in a criminal case is determined according to three main criteria:

• Obtaining the messages legally,
• Verification of the authenticity and integrity of the messages,
• The message content should be evaluated in conjunction with other evidence.

1. Can WhatsApp messages be used as evidence in a criminal case?

In criminal proceedings, the types of evidence are not limited. The judge may evaluate any evidence lawfully obtained, presented at trial, and discussed in the presence of the parties.

According to Article 217 of the Code of Criminal Procedure, a judge can base his decision only on evidence presented and discussed in court. The second paragraph of the same article stipulates that the alleged crime can only be proven with evidence obtained lawfully. According to Article 206/2-a of the Code of Criminal Procedure, evidence obtained unlawfully must be rejected. The sixth paragraph of Article 38 of the Constitution also explicitly states that findings obtained unlawfully cannot be accepted as evidence.

In this context, WhatsApp messages can be used as evidence in criminal proceedings, provided they were obtained lawfully. However, the submission of the message to the file does not complete the evidentiary process. If there is any doubt about the sender, content, time of sending, or method of obtaining the message, a technical examination is required.

2. Messages Presented by a Party to the Conversation

Submitting WhatsApp messages sent to oneself to the public prosecutor's office, law enforcement, or court does not have the same legal effect as secretly accessing private correspondence between third parties.

For example, if a victim provides investigative authorities with threatening, insulting, blackmailing, or sexually harassing messages sent to them via their own phone, this does not, as a rule, mean that the messages were obtained illegally. This is because the victim is a direct party to the communication and the messages were sent to them.

However, a distinction must be made between submitting messages to the authorities for the purpose of seeking redress and publishing them on social media or distributing them to unrelated third parties. While submitting messages to investigative authorities in a limited manner may be considered within the scope of exercising a right depending on the specific circumstances of the case, making the conversation public may violate the confidentiality of communication, the privacy of private life, or the protection of personal data.

Article 132 of the Turkish Penal Code criminalizes the violation of the confidentiality of communication, Article 134 criminalizes the violation of the privacy of private life, and Article 136 criminalizes the unlawful disclosure or acquisition of personal data. Therefore, it is crucial that messages submitted to the criminal case file are used only for the purposes related to the dispute and seeking redress.

3. Messages Obtained from Someone Else's Phone or WhatsApp Account

If someone takes another person's phone without their consent and uses it to view WhatsApp messages, crack their password, create a WhatsApp Web connection, gain unauthorized access to their account, or intercept conversations between third parties, the issue of illegally obtained evidence arises.

Even if the content of messages obtained through these methods reflects the truth, the manner in which they were obtained may be unlawful. In criminal proceedings, what matters is not only the accuracy of the evidence but also that it was obtained through lawful methods.

For example, if the suspect's phone is secretly examined by relatives or colleagues, messages are transferred to another phone, and screenshots are submitted to the investigation file, the court should investigate the following:

• Who obtained the phone and under what circumstances?
• Whether or not the phone owner consented,
• Whether the person submitting the correspondence was a party to the conversation,
• Whether or not the account was accessed without authorization,
• Whether the messages were only submitted to the file or also disseminated to third parties.

Messages obtained through unlawful access should not be used as grounds for judgment under Articles 206 and 217 of the Code of Criminal Procedure. Furthermore, the person who obtained the messages may face charges of violating the confidentiality of communication, violating the privacy of private life, or unlawfully obtaining personal data.

4. Examining WhatsApp on the Suspect's Phone

The examination of a suspect's or defendant's phone by investigative authorities cannot be considered a routine phone check unless the person's consent is obtained. Smartphones contain a wide range of personal information, including messages, photos, bank statements, location data, communication history, and data belonging to third parties.

Searching, copying, and examining digital materials must be carried out in accordance with the conditions stipulated in Article 134 of the Code of Criminal Procedure (CMK). According to current regulations, digital examination can be conducted by a judge's decision if there is strong suspicion based on concrete evidence and no other means of obtaining evidence exist; in cases where delay would be detrimental, it can be conducted by a decision of the public prosecutor. The prosecutor's decision must be submitted to the judge for approval within the time limit specified by law.

During the investigation, it is not sufficient to simply record the messages displayed on the screen; a proper forensic copy of the device must be made, technical values ​​demonstrating the integrity of the data must be preserved, and the investigation procedures must be reported in a verifiable manner.

In the case before the Constitutional Court with application number 2022/50784, an expert examination was conducted on the mobile phone submitted by the plaintiff, and the WhatsApp messages were included in the report. This example demonstrates that messages on a device voluntarily surrendered by the victim can be identified through expert examination.

Current Legislation Note

The Constitutional Court, in its decision dated February 12, 2026, numbered E.2023/128, K.2026/36, annulled a portion of Article 134 of the Code of Criminal Procedure concerning digital searches and seizures, on the grounds that there were insufficient legal safeguards regarding the storage, deletion, and processing of obtained personal data. However, the entry into force of the annulment was postponed until February 25, 2027. Therefore, as of July 31, 2026, the current provisions of Article 134 of the Code of Criminal Procedure continue to be applied.

5. Is a screenshot alone considered sufficient evidence?

WhatsApp messages are often only provided as screenshots or printouts. However, a screenshot doesn't always definitively prove that the message was actually sent by the intended recipient.

In the screenshots;

• Personal names can be changed
• Messages before and after can be extracted
• Date and time information can be hidden
• Multiple conversations can be combined,
• Instead of displaying the phone number of the sender, a name saved in the contacts can be displayed
• Images can be altered using technical methods.

Therefore, the mere existence of a screenshot may not be sufficient for conviction, especially in cases where the defendant denies sending the messages.

In the case before the 4th Criminal Chamber of the Court of Cassation, case number 2020/27697, decision number 2023/264, the acquittal decision was not found to be unlawful, given that the messages were presented only as screenshots and photocopies, the original messages were not found on the victim's phone, and no message detection report was prepared. However, in the same Chamber's decision, case number 2021/39599, decision number 2024/12931, the conviction for defamation was found to be lawful, considering the WhatsApp screenshot together with the complainant's statement and the defendant's explicit confession.

These decisions demonstrate that screenshots are not absolutely invalid, nor are they always sufficient evidence on their own. The probative value of evidence is determined by whether it is supported by the defendant's defense and other evidence.

6. How to Determine Who Sent the Messages?

Just because a WhatsApp account is linked to a specific phone number doesn't necessarily mean the message was sent by the account holder. The phone could have been used by someone else, the account could have been linked to another device via WhatsApp Web, or the suspect's account could have been accessed without authorization.

In its decision numbered 2024/4261 and 2025/929, the 9th Criminal Chamber of the Court of Cassation stated that in response to the defendant's defense that the messages may have been sent by someone else via WhatsApp Web, it was necessary to investigate from which device, location, and IP address the messages were sent. Establishing a conviction without conducting these investigations was deemed an incomplete examination.

When determining the origin of messages, the following factors are particularly important:

• The phone number associated with the WhatsApp account,
• The registered owner and actual user of the telephone line,
• The original device containing the messages,
• Message dates and times,
• WhatsApp Web or connected device logs,
• Device and connection data used to access the account,
• The conversations before and after the messages,
• The defendant's statements regarding the content of the message,
• Previous communication between the parties and the development of the event,
• Bank records, call records, witness testimonies, and other material evidence.

Simply knowing someone's name or profile picture in your contacts doesn't definitively prove that the message was sent by that person.

7. It is mandatory to review all messages

In criminal proceedings, interpreting messages out of context can lead to erroneous conclusions. Whether a message constitutes a threat, insult, blackmail, or confession of guilt can often only be determined by examining the entire conversation.

For example, a message like "I'll get back at you for this," while seemingly a threat on its own, cannot be definitively interpreted as constituting a crime without considering the context of the conversation, the relationship between the parties, and the circumstances under which the message was sent.

Similarly, everyday language, irony, jokes, expressions used in moments of anger, emojis, and private words created between the parties should be evaluated within the entire flow of the conversation. Selecting only certain words from the message and omitting the rest may alter the meaning of the evidence.

In its decision numbered 2021/5922, the 10th Criminal Chamber of the Court of Cassation stated that WhatsApp messages summarized only in the statement transcript are insufficient. It was stated that the messages should be recorded in a verifiable manner, including their dates and times, detailed dialogues, and screenshots, and that these should be read to the defendant in court, and the defendant's explanations should be obtained.

8. Deleted or Allegedly Modified Messages

One party may claim that messages were deleted, altered, incompletely presented, or not sent by them. Such an objection should be investigated from a technical standpoint rather than dismissed on abstract grounds.

By the court or the public prosecutor's office;

• Examination of the original phone,
• Obtaining a forensic copy of the device,
• Examining message databases,
• Determining whether the deleted data is technically accessible,
• Investigating the originals of audio, photo, and video files
• Examining whether the messages were cut or spliced ​​together,
• Obtaining a report from an expert or forensic IT specialist

It may be requested.

However, it cannot be guaranteed that every deleted message can be recovered. Whether messages can be found depends on device usage, backup status, application updates, whether new data has been overwritten, and the technical method used.

9. In which crimes can WhatsApp messages be used?

WhatsApp conversations can serve as evidence in many crimes. For example:

In cases of defamation, the sending of words that offend the victim's honor, reputation, and dignity may occur through a direct message.

In the crime of threatening, the content of the message can prove that an attack will be carried out against the life, bodily integrity, or sexual inviolability of the victim or their relative.

In blackmail cases, the messages may reflect a demand for the victim to perform a specific action or provide a benefit, otherwise private images will be revealed.

In fraud cases, deceptive promises, payment requests, false investment suggestions, bank account information, and conversations that mislead the victim can be used to determine criminal intent.

In drug-related crimes, conversations regarding orders, prices, quantities, delivery locations, or payments can be presented as evidence. However, instead of directly interpreting vague words used in everyday language as evidence of drug trafficking, these should be supported by physical surveillance, seized substances, bank statements, and other evidence.

In cases of sexual harassment and sexual assault, sexually explicit messages, images, meeting requests, or conversations after the incident sent to the victim may be considered. However, the extent to which the messages prove that the crime occurred should be evaluated in light of the specific circumstances of the case.

Being in a WhatsApp group does not, by itself, prove membership in a specific criminal organization; similarly, forwarding a message to a person does not, by itself, prove endorsement of the message's content. It must also be proven that the defendant wrote the message, participated in the criminal act, and acted with necessary intent.

10. Can a Conviction Be Established Based on WhatsApp Messages?

A criminal conviction must be based on conclusive and convincing evidence that eliminates all reasonable doubt that the defendant committed the crime. Therefore, the mere presence of a WhatsApp message in the case file is not automatically sufficient for conviction.

If the defendant admits sending the message and its content clearly constitutes a crime, the message, along with other evidence, can be used as grounds for conviction. Conversely, if the defendant denies sending the messages, the original device cannot be found, only photocopied screenshots exist, and it is impossible to determine who used the account, the principle of benefiting the doubt applies.

In the practice of the Supreme Court of Appeals, convictions can be deemed legally sound in cases where the screenshot is supported by the defendant's confession, the victim's statement, witness testimonies, or material evidence. Conversely, establishing a conviction solely based on a printout without determining the source, authenticity, and sender of the messages can be considered insufficient investigation or inadequate evidence.

11. How Should the Defendant or Counsel Object to the Messages?

When contesting WhatsApp messages, a general defense such as "the messages are fake" is often insufficient. The contest must be based on concrete technical and legal grounds.

Specifically within the scope of defense;

• An explanation of how the messages were obtained
• The original device will be examined
• The data on the device will be examined by a forensic computer expert
• All messages should be retrieved and included in the file
• Verification of date and time information,
• Investigation of the devices connected to the account,
• Identifying the person who sent the messages,
• Submission of the forensic copies and integrity records obtained during the examination to the file
• The expert report must be served to the parties
• The rejection of illegally obtained evidence pursuant to Article 206/2-a of the Code of Criminal Procedure

It can be requested.

The objection that the message was obtained illegally differs from the objection that the message is not genuine. A message may be genuine but obtained illegally. Similarly, a screenshot that appears to be legally presented may have been technically altered. Both issues must be considered separately in the defense.

The Constitutional Court considers it an element of the right to a fair trial that, in criminal proceedings where digital evidence is used, the defendant should be given the opportunity to effectively challenge the authenticity, content, and manner of use of the evidence; that the evidence should be discussed in court; and that the defense's claims should be addressed with relevant and sufficient justifications.

Conclusion

WhatsApp messages are legally usable evidence in criminal investigations and prosecutions. However, these messages are neither inherently invalid nor conclusive evidence on their own.

For messages to be accepted as evidence, they must first have been obtained lawfully. A distinction must be made between a party to a conversation submitting messages to investigative authorities for the purpose of seeking redress and secretly accessing the communications of third parties.

Secondly, the authenticity and integrity of the messages must be verified. A name or profile picture saved in the contacts alone may not definitively prove that the message was sent by the intended recipient. The original device, the message detection report, the forensic analysis, the complete messages, and other supporting evidence should all be considered together.

Finally, it must be explained which element of the alleged crime the messages prove. Conviction based on screenshots taken out of context, whose sender cannot be identified, or which are merely photocopies, is incompatible with the fundamental principles of criminal procedure.

In criminal proceedings, what is decisive is not simply the submission of a WhatsApp message to the file, but whether the message was lawfully obtained, technically verified, discussed in court, and, together with other evidence, establishes the defendant's guilt beyond any reasonable doubt.