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What is detective work, and is it a crime?

September 15, 2025
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1. Introduction

In recent years, "private detective" activities have become increasingly common in Turkey; private detectives are frequently mentioned in areas such as divorce cases, debt collection, and employee monitoring. However, there is no specific law in Turkish law regarding the profession of private detective work. This situation has led to discussions about the legal boundaries of private detective work.

2. The Concept of Detective Work

  • Detective workrefers to the activities of gathering information, researching, and monitoring various issues for individuals or organizations.

  • In Western countries, private detective work is recognized as a profession and regulated by specific laws (for example, in the US and the UK).

  • In Turkey, private detective work is not regulated by law.

3. Detective Work in Turkish Law

3.1. Lack of Regulation

Turkey does not have a "Private Detective Law," therefore detective activities are not directly regulated by law. Consequently, the work undertaken whether it constitutes a crime under existing laws .

3.2. Risks from a Criminal Law Perspective

  • Turkish Penal Code Article 132 (Violation of the confidentiality of communication): Telephone tapping and message copying by detectives is a crime.

  • Turkish Penal Code Article 134 (Violation of the right to privacy): Making video or audio recordings without the person's consent is a crime.

  • Turkish Penal Code Articles 135-140 (Unlawful recording and processing of personal data): It may be a crime for detectives to collect data about an individual.

  • Turkish Penal Code Article 123 (Disturbing the peace and tranquility of individuals): If surveillance and monitoring activities disturb the peace of the individual, it may constitute a crime.

3.3. Circumstances That May Be Lawful

  • Detective activities without resorting to illegal methods (for example, surveillance in public places, collecting documents that are publicly visible).

  • However, any activity that violates the right to privacy gives rise to criminal liability.

4. Court of Cassation Practice

Although the Supreme Court has not directly ruled that detective work constitutes a "profession," it has adopted the following principles in similar cases:

  • Supreme Court 12th Criminal Chamber, Case No. 2013/3893: Secretly placing a camera in a spouse's private life constitutes a crime of violating the right to privacy.

  • The 4th Criminal Chamber of the Supreme Court of Appeals, Case No. 2017/2345: The acquisition of telephone records by third parties constitutes a crime of violating the confidentiality of communication.

  • These decisions demonstrate that many of the activities carried out by detectives, as they currently stand, could be considered crimes.

5. Private Law Aspect

  • Contracts between detectives and their clients Article 27 of the Turkish Code of Obligations if their subject matter is unlawful.

  • For example, if one spouse hires a private investigator to secretly listen to their partner for use in a divorce case, this agreement is invalid and constitutes illegally obtained evidence.

6th International Comparison

  • USA and UK: The private detective profession is licensed; its limits and powers are defined by law.

  • EU countries: In some countries, private detective work is regulated through professional chambers.

  • Turkey: There is no legal regulation yet; detective activities carry criminal law risks.

7. Conclusion

  • The detective profession is not yet legally recognized.

  • Detective activities can constitute a crime, particularly under provisions regarding the violation of privacy , confidentiality of communication , and the protection of personal data

  • Therefore, detective work is not currently regulated as a crime directly, but many of its methods are considered an area that carries illegality and criminal liability.

  • Unless legal regulations are in place, work carried out under the guise of private detective work will continue to lack legal validity and carry criminal risks .

According to which articles is detective work contrary to Islamic law?

1. From the Perspective of Criminal Law

Detective activities are often the Turkish Penal Code (TCK) .

  • Turkish Penal Code Article 132 – Violation of the confidentiality of communication: Telephone tapping, message copying, email monitoring → are crimes.

  • Turkish Penal Code Article 133 – Listening to and recording conversations between individuals: Secretly listening to conversations is a crime.

  • Turkish Penal Code Article 134 – Violation of the right to privacy: Secretly taking photographs or videos is a crime.

  • Turkish Penal Code Articles 135-140 – Unlawful recording, use, and dissemination of personal data: Collecting data about an individual by detectives → is a crime.

  • Turkish Penal Code Article 123 – Disturbing the peace and tranquility of individuals: Continuous stalking and surveillance → may constitute a crime.

2. From a Civil Law Perspective

  • Turkish Code of Obligations, Article 27: Contracts whose subject matter is contrary to law are void.
    ➡ Detective contracts are invalid if they involve activities that violate the privacy of private life.

  • Turkish Civil Code Articles 24-25: In cases of attacks on personal rights, legal action can be taken to prevent or stop the attack and to claim compensation.
    ➡ Activities such as surveillance and photography by a detective are contrary to personal rights.

3. From the Perspective of Procedural Law

  • Article 189/2 of the Turkish Code of Civil Procedure: Illegally obtained evidence cannot be used in court.
    ➡ Secret recordings obtained through detective work are not valid in court, including in divorce cases.
    ➡ On the contrary, the party presenting this evidence may face criminal prosecution.

4. Constitutional Framework

  • Article 20 of the Constitution: Everyone has the right to respect for their private and family life.

  • Article 22 of the Constitution: Freedom of communication.
    ➡ Detective activities are directly contrary to this constitutional right.

5. International Law Dimension

  • Article 8 of the ECHR: Right to privacy and confidentiality of correspondence.
    ➡ The European Court of Human Rights has repeatedly emphasized that the state must take effective measures against acts of non-state actors that violate privacy.

6. Conclusion

Private detective work in Türkiye:

  1. a criminal law perspective, this is often a crime.

  2. a civil law perspective, this is contrary to personal rights and the Turkish Code of Obligations.

  3. a procedural law perspective, it constitutes illegally obtained evidence.

  4. This violates the right to privacy under constitutional and international law

Therefore, unless legally regulated, detective work is an area of ​​activity that violates the provisions of the Turkish Penal Code, the Constitution, and the European Convention on Human Rights.

Why is it unconventional?

1. Violation of the Right to Privacy

  • Article 134 of the Turkish Penal Code, secretly entering, monitoring, or recording images/audio of individuals in their private lives is a crime.

  • Activities such as detectives following spouses, placing hidden cameras, and taking photographs in private areas are illegal under this scope.

2. Violation of the Confidentiality of Communication

  • Article 132 of the Turkish Penal Code prohibits the unauthorized eavesdropping, recording, or seizure of telephone conversations or correspondence.

  • It is a direct crime for detectives to monitor the messages or calls of third parties.

3. Violation of Personal Data Protection Law

  • According to Articles 135-140 of the Turkish Penal Code and the Law on the Protection of Personal Data, collecting, recording, and sharing personal data without consent is a crime.

  • Collecting data such as identity, address, and bank information during detective activities can lead to criminal penalties.

4. Violation of the Prohibition Against Illegally Obtained Evidence

  • Evidence obtained through detective work, such as confidential audio recordings and hidden camera footage, Article 217 of the Code of Criminal Procedure .

  • This evidence is considered illegal, damaging the case and placing both the detective and the client under liability.

5. Breach of Contract Law

  • According to Article 27 of the Turkish Code of Obligations, contracts whose subject matter is contrary to law are invalid.

  • Detective contracts are void if they involve work that infringes on privacy .

6. Violation of Public Order

  • Surveillance and tracking activities carried out under the guise of detective work are contrary to public order because they represent the transfer of security and intelligence duties, , to private individuals.

Conclusion

Detective work is not regulated in Türkiye. Therefore, the activities carried out are generally:

  • Privacy of private life,

  • Confidentiality of communication,

  • Protection of personal data,

  • The principle of legally admissible evidence,

  • This constitutes a violation of public order

In this context, while detective activities themselves may not be directly defined as "crimes," the methods used often constitute offenses under criminal law.

Legality of Detective Work

1. Introduction

Detective activities generally privacy (Turkish Penal Code Article 134), protection of personal data (Turkish Penal Code Articles 135-136), confidentiality of communication (Turkish Penal Code Article 132), and inviolability of the home (Turkish Penal Code Article 116).
However, in some special cases, legal justifications .

2. Cases of Legality

2.1. Self-defense (Turkish Penal Code Article 25/1)

  • The detective's actions do not directly fall within the realm of self-defense.

  • However, if the perpetrator is gathering information to prevent an unlawful attack against themselves or their client and is acting proportionally, this may be considered limited.

2.2. State of Necessity (Turkish Penal Code Article 25/2)

  • If there is no other way to protect a right or interest, and it cannot be protected with less harm, then the detective's investigation may be deemed necessary

  • Example: A search operation to locate a missing person whose life is in danger.

2.3. Exercise of Rights (Turkish Penal Code Article 26/1)

  • Exercising a legally recognized right does not constitute a crime.

  • If a detective is gathering evidence for a case and is doing so using legally permissible methods (open source research, collecting publicly available information), this can be considered within this scope.

2.4. Consent of the Interested Party (Turkish Penal Code Article 26/2)

  • If a person consents to an investigation into their private life, no crime is committed.

  • For example, a person can have their own phone tracked or request verification of their address information.

  • However, this consent is not valid if it infringes on the rights of third parties.

3. The Approach of the Supreme Court

  • Supreme Court of Appeals, 2nd Civil Chamber, Case No. 2007/17240: In a divorce case, private footage obtained by a private investigator was deemed to be illegally obtained evidence.

  • The 12th Criminal Chamber of the Supreme Court of Appeals, Case No. 2014/1923, ruled that the information gathered by a private investigator who hired a detective to follow his spouse cannot be based on a legal justification.
    ➡ The Supreme Court of Appeals requires that evidence be obtained legally, even if the relevant party has the right to sue.

4. Legally Permissible Activities in Detective Work

  • Observing in public places (e.g., restaurants, shopping malls, streets).

  • Social media and open source research (OSINT).

  • Gathering evidence with the permission of the court for use in a case in which one is a party.

  • A person voluntarily conducting an investigation (for example, in missing persons cases).

5. Unlawful Activities

  • Secretly listening to phone calls and reading messages (Turkish Penal Code Article 132).

  • Installing hidden cameras in a home or workplace (Turkish Penal Code, Articles 134, 116).

  • Recording personal data and selling it to third parties (Turkish Penal Code Articles 135-136).

  • Unauthorized intrusion into the privacy of someone's personal space (e.g., bedroom surveillance).

6. Conclusion

Private detective work in Türkiye:

  • It is generally unlawful and risky because it lacks a legal basis

  • However, in some cases (such as being a party to a lawsuit, observation in public areas, consent of the person concerned, or a missing person investigation), grounds for legality may arise.

  • All activities that interfere with the privacy of private life constitute illegally obtained evidence and give rise to criminal liability.

                                                                                                                                                               Law Faculty Student Ada Ceren KENDİGELEN

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