SELF
What distinguishes the crime of fraud from other crimes against property is that the perpetrator deceives someone by fraudulent behavior to the detriment of that person or someone else.The primary characteristic of this crime is fraudulent behavior to ensure that the victim’s will is formed incorrectly. The primary legal benefit protected by the crime of fraud is the value of a person’s assets.even though
This crime also protects the good faith of individuals during legal proceedings. The crime of fraud is regulated among crimes against property in Article 157 of the Turkish Penal Code No. 5237. Article 158 of the Turkish Penal Code
Factors that increase the penalty for a crime are included. Because some of these factors are established using a casuistic method, an aggravating circumstance must be applied to almost every case where the crime is committed. Article 159 of the Turkish Penal Code (TCK) stipulates that committing a crime for the purpose of collecting a debt arising from a legal relationship is a mitigating factor.
ENTRANCE
Fraud is an act that targets the economic order and relationships of trust, deceiving someone through fraudulent behavior to obtain an unfair advantage for the perpetrator or a third party to the detriment of that person or another person. The Turkish Penal Code (TCK) systematically regulates the basic form of the crime, its aggravated forms, and its special form, which entails lesser penalties (TCK Articles 157–159). This study comprehensively and systematically examines the protected legal value, elements of the crime, qualified forms, the sanction regime, the legal dimension of procedural law, and the areas of debate in practice, in light of case law/doctrine. Within the basic normative framework, the basic form is defined in TCK Article 157; the aggravated forms are defined in Article 158; and the special form, “purpose of collecting the receivable.” Article 159 addresses the “purpose of collecting the receivable.”
DEVELOPMENT
Normatif Frame
TCC 157:A person who deceives someone through fraudulent behavior and provides a benefit to himself or another person to the detriment of that person or another person shall be sentenced to imprisonment from one to five years and a judicial fine of up to five thousand days.
TBK 158/1 (QualifiedFraud):The crime of fraud;
a) By exploiting religious beliefs and feelings,
b) By taking advantage of the dangerous situation or difficult conditions that the person is in,
c) By taking advantage of the person’s weakness of perception,
d) By using public institutions and organizations, public professional organizations, political parties, foundations or associations as legal entities,
e) To the detriment of public institutions and organizations,
f) By using information systems, banks or credit institutions as tools,
g) By taking advantage of the convenience provided by press and broadcasting tools,
h) During the commercial activities of persons who are merchants or company managers or who act on behalf of the company; cooperative managers within the scope of the cooperative’s activities,
i) By self-employed persons, by abusing the trust placed in them because of their profession,
j) To ensure that a loan is opened that should not be allocated by banks or other credit institutions,
k) In order to receive the insurance premium,
l) By introducing himself as a public official or an employee of a bank, insurance or credit institution, or by stating that he is affiliated with these institutions and organizations,
If processed, threeA sentence of imprisonment of one to ten years and a judicial fine of up to five thousand days shall be imposed. However, in the cases listed in subparagraphs (e), (f), (j), (k), and (l), the lower limit of the imprisonment shall not be less than four years, and the amount of the judicial fine shall not be less than twice the benefit obtained from the crime.
TCC 158/2:A person who obtains benefits from another person by deceiving him by claiming that he has a relationship with public officials and that he is respected by them and by promising that a certain job will be done, shall be punished in accordance with the provision of the above paragraph.
TCC 158/3:If the crimes listed in this article and article 157 are committed by three or more people together, the penalty to be given is increased by half; if the crime is committed within the scope of the activities of an organization established to commit crimes, the penalty to be given is increased by one fold.
TCC 159 (Case requiring lesser punishment):If the fraud is committed for the purpose of collecting a receivable based on a legal relationship, a prison sentence of six months to one year or a judicial fine is imposed upon complaint.
PROTECTED LEGAL VALUE
Assets andIn addition to the economic order, it is also the preservation of trust and honesty among people. In certain cases, public trust and the security of the financial system are also directly affected.
Supreme Court“The crime of fraud is different from other types of crimes against property.What makes it different is that it is a crime based on deception. While committing this crime, which has multiple legal issues, not only property is damaged, but the will of the victim or the person harmed by the crime is also misled by fraudulent behavior. The article’s justificationIt has also been emphasized that the good faith and trust that should exist in relationships between people are disrupted by deceptive actions, thus affecting the individual’s freedom of will and violating his or her freedom of will.” In its decision, it was pointed out that the good faith and trust that should exist in the relations between people are also protected by the crime of fraud.
A-) MATERIAL ELEMENTS OF THE CRIME
1-) SUBJECT OF THE CRIME
The crime of fraud involves assets. “Asset” is a broad concept encompassing ownership. Therefore, in addition to movable and immovable property of economic value, claims and intellectual property rights can also constitute the subject of the crime. Obtaining documents capable of producing legal consequences, such as contracts, receipts, releases, and commitments, can constitute the subject of fraud. It is also possible to commit the crime by deceiving the victim by deceiving him or her to pursue legal action through deceptive practices such as the statute of limitations, the non-existence of the receivable, or the payment of the receivable.Because there is a price to pay, the commissioning of personal services should also be considered a crime. For example, if a perpetrator deceives a painter who trusts him by claiming to be a nursing home, but actually obtains a free plastering and whitewashing of a third-party home, thereby profiting from the owner, the existence of fraud must be accepted.
“What distinguishes the crime of fraud from other types of crimes against property is thatIt is a crime based on a motive. While this crime, which has multiple legal issues, is committed, not only the property is damaged, but also the will of the victim or the person harmed by the crime is misled by fraudulent behavior. The justification for the article also includes the deceptive nature ofIt has been emphasized that the goodwill and trust that should exist in relations between individuals are disrupted by these actions, thus affecting the individual’s freedom of will and violating his or her freedom of will.”In its decision, it was pointed out that the good faith and trust that should exist in the relations between people are also protected by the crime of fraud.
2-) PERPETRATOR
The crime of fraud does not have any specific characteristics in terms of the perpetrator. Any real person can be the perpetrator of this crime. The person who commits fraudulent acts and the person for whose benefitThe person from whom the benefit is derived need not be the same person. If these two are different, the person who committed the fraudulent act is the perpetrator of the crime. There may also be a shared intention between the person who committed the fraudulent act and the person from whom the benefit was derived. If the person from whom the benefit was derived and the person who committed the fraudulent act commit the crime together, they are jointly liable. If the person from whom the benefit was derived persuaded the person to commit the fraudulent act, they are liable as the instigator.
3-) VICTIM OF THE CRIME
In many cases, the person deceived and the person who is made to dispose of the property are the same. In this case, the passive subject of the crime of fraud is the person who owns the property that constitutes the material subject of the crime. As the legal wording suggests, in the crime of fraud, the person deceived and the person whose property is damaged need not be the same. The person(s) deceived and the person(s) who suffer the damage may be different.
If the person deceived and the person who suffered the damage are different, the person deceived must be in a legal position that gives them the authority to dispose of the victim’s assets. If a person who is completely unfamiliar with the rights to the assets sought to be obtained and who does not have the authority to dispose of them is deceived, it may not be fraud, but rather theft, if the conditions are met.
For example, if a person pretends to have a heart attack in front of a security guard, then takes the opportunity for the security guard to go somewhere else for help and runs away with a car belonging to another person inside the site, it would not be a crime of fraud, but a crime of theft.
According to the understanding that accepts that legal entities cannot be victims, legal entities that suffer damage to their assets by deceiving real persons are considered to be victims of this crime.27However, it must be acknowledged that legal entities can also be victims of this crime.28 Criminal Procedure
In addition to the victim of the crime according to the provisions of the lawSince real and legal persons harmed by the crime can also participate in the public lawsuit, this discussion is of no practical importance.
4-) MOVEMENT
Fraudulent behavior:It cannot be reduced to mere lying; the deceptive capacity must be high, intense enough to disrupt the victim’s willpower. The deception is expected to transcend a seemingly simple statement and be reinforced by supportive behaviors/manifestations in the external world. (In practice, the criterion of “capability to deceive” is central.)
Deception and error:The deception must create a misconception in the victim; the victim must make a declaration of intent under the influence of this misconception.
Harm-benefit relationship:The victim or third party will suffer damages; the perpetrator or third party will gain unfair advantage. The damage/benefit may be monetary or may involve replaceable assets.
B-) SPIRITUALELEMENT
Fraud is a crime that can be committed intentionally. It cannot be committed through negligence. The intent must be to commit fraud, to deceive the victim, and to gain financial benefit. For this crime, the perpetrator’s intent must include, in addition to fraudulent behavior, deceive the recipient and diminish the victim’s assets.
C-) REASONS FOR LEGALITY
It is accepted that one of the legal reasons for the crime of fraud has occurred in the incident.For fraudulent conduct to be considered, it must be demonstrated that it does not conflict with the legal order. Therefore, the legality of fraud can be met, albeit in a very limited way, as a matter of necessity. If individuals are deceived into providing the necessary item to meet a serious and urgent need or to escape another danger, the conditions for the necessity of Article 25/2 of the Turkish Penal Code must be met.
The crime of theft is serious and urgentWhile a special necessity condition (TCK Article 147) is included, assuming that the crime can be committed to meet a need, no such special regulation is included for the crime of fraud. However, if the conditions are met, the provision in TCK Article 25/2 may apply to the incident.
D-) FAULT
The factors affecting culpability for this crime can be very limited. According to TCK Article 30/2, “A person who makes a mistake regarding the occurrence of aggravated circumstances requiring a more severe or lesser penalty for a crime shall take advantage of this mistake.” Accordingly, aggravating circumstances that the perpetrator is unaware of will not apply to the case, but mitigating circumstances will. According to current regulations, in the case of fraud, the qualified form of the crime is considered a mistake.It is only significant if the act is committed by exploiting a person’s impaired perception. If the perpetrator defrauds someone who, while believing they are mentally sound and have full perception, actually has impaired perception, aggravating circumstances will not apply. Although very limited, the perpetrator may also have mistakenly stated that the receivable is based on a legal relationship or that the receivable arose from a valid legal relationship. This type of error should also be assessed within the scope of Article 30/2 of the Turkish Penal Code. In this case, the perpetrator should be liable for fraud under the provisions of Article 159 for the purpose of collecting the receivable.
E-) SPECIAL APPEARANCES OF CRIME
1-) ENTERPRISE
It was stated above that the crime of fraud involves harm. The harm in this crime is the benefit provided to the perpetrator or another person at the expense of another person as a result of fraudulent behavior. It should be assumed that the crime begins with the perpetrator engaging in fraudulent behavior and that the crime is completed with the receipt of the benefit. If the perpetrator’s actions in the specific case are not fraudulent, then fraud or attempted fraud is not considered, even if another crime is involved depending on the nature of the case. Despite the fraudulent behavior, the addressee was not deceived or no benefit was obtained.If the perpetrator prevents the completion of the crime through his own efforts after initiating the execution, the provisions for voluntary abandonment will apply. Since the crime is completed by obtaining the benefit, effective remorse may be possible if the damage is remedied after this stage. To be considered an attempted fraud, the fraudulent behavior must first be at a level that could objectively deceive the addressee. In the specific case, the fraudulent behavior must cause the addressee’s mistake.In order for an attempt to be made, fraudulent behavior must have reached the addressee or the victim.
2-) PARTICIPATION
The crime of fraud does not exhibit any specific characteristics in terms of participation provisions. All forms of participation in the crime are possible. Individuals who perform even partial actions characteristic of the crime are responsible as perpetrators. In some cases, a group of individuals may divide the workload and commit the crime together. In this case, joint perpetration is considered a crime.This is the case. If the person committing the fraudulent acts and the person from whom the benefit is derived are different individuals, there may also be a will to participate between these individuals. The person from whom the benefit is derived and the person who commits the fraudulent actsIf they commit the crime together, each of them will be held liable as a joint perpetrator. If the person from whom the benefit was provided persuaded the perpetrator of the crime to commit it through fraudulent means, there will be a participation relationship between them, as the instigator and the instigated.
3-) GATHERING
The provisions of chain offense and intellectual aggregation may apply to fraud. If the perpetrator uses fraudulent behavior to defraud the same person at different times to obtain a benefit, the provisions of chain offense may apply. Fraudulent behavior used to commit fraud can sometimes lead to the occurrence of other crimes. If the behavior used to enhance credibility constitutes another crime, rather than being an element or aggravating factor of the crime itself,real gathering should be done.
F-) QUALIFIED CASES THAT REQUIRE MORE PUNISHMENT
TCK 158/1:the crime of fraud;
a) By exploiting religious beliefs and feelings,
b) The dangerous situation or difficult conditions in which the person is foundby taking advantage of,
c) By taking advantage of the person’s weakness of perception,
d) By using public institutions and organizations, public professional organizations, political parties, foundations or associations as legal entities,
e) To the detriment of public institutions and organizations,
f) By using information systems, banks or credit institutions as tools,
g) By taking advantage of the convenience provided by press and broadcasting tools,
h) During the commercial activities of persons who are merchants or company managers or who act on behalf of the company; cooperative managers within the scope of the cooperative’s activities,
i) By self-employed persons, by abusing the trust placed in them because of their profession,
j) To ensure that a loan is opened that should not be allocated by banks or other credit institutions,
k) In order to receive the insurance premium,
I-) By introducing himself as a public official or an employee of a bank, insurance or credit institution, or by stating that he is affiliated with these institutions and organizations,
If committed, a sentence of three to ten years’ imprisonment and a judicial fine of up to five thousand days is imposed. However, in the cases listed in subparagraphs (e), (f), (j), (k), and (l), the minimum prison sentence cannot be less than four years, and the amount of the judicial fine cannot be less than twice the benefit obtained from the crime.
TCK 158/2:A person who obtains benefits from another person by deceiving him by claiming that he has a relationship with public officials and that he is respected by them and by promising that a certain job will be done, shall be punished in accordance with the provision of the above paragraph.
TCK 159/3:If the crimes listed in this article and article 157 are committed by three or more people together, the penalty to be given is increased by half; if the crime is committed within the scope of the activities of an organization established to commit crimes, the penalty to be given is increased by one fold.
G-) QUALIFIED SITUATION REQUIRING LESS PUNISHMENT
TCK 159:If the fraud is committed for the purpose of collecting a receivable based on a legal relationship, upon complaint,shall be sentenced to imprisonment from one month to one year or a judicial fine.
H-) PERSONAL REASONS FOR IMPUNITY OR PERSONAL REASONS REQUIRING A REDUCTION IN PUNISHMENT
The existence of a marriage union and a certain degree of kinship relationship, some crimes committed against propertyIn terms of crimes, it is regulated in Article 167 of the Turkish Penal Code as a personal reason for impunity or a personal reason requiring a reduction in punishment. Accordingly, if the crime of fraud is committed to the detriment of one of the spouses for whom a separation order has been issued, one of the ascendants or descendants or one of the relatives in law at this level, or one of the adoptive or adopted child, or one of the siblings living together in the same residence, it is a personal reason for impunity and no penalty is imposed on the relevant relative. If the crime of fraud is committed to the detriment of one of the spouses for whom a separation order has been issued, one of the siblings who do not live together in the same residence, or one of the uncles, maternal aunts, nephews or second-degree relatives in law living together in the same residence,If a crime is committed, the penalty to be imposed on the relative in question upon complaint is reduced by half.
I-) ACTIVE REMORSE
Effective remorse refers to the positive behaviors of the perpetrator after the crime has been committed, aimed at eliminating the effects of the crime and the resulting damage through their own efforts.151 For effective remorse to exist, the perpetrator must voluntarily repair the resulting damage after the crime has been completed. Effective remorse for the crime of fraud is regulated in Article 168 of the Turkish Penal Code.
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According to Article 168/1 and 2 of the Criminal Procedure Code, if the perpetrator, instigator or aider personally shows remorse after the crime of fraud is completed and either returns the damage suffered by the victim in kind or compensates it completely during the investigation or prosecution phase, the penalty is reduced to a certain extent.153 If the return of the property and the repair of the damage are carried out through forced execution, or if the damage is repaired by third parties without the consent and knowledge of the perpetrator, effective remorse cannot be considered. However, in order for effective remorse to exist, the damage must beIt is not necessary for the perpetrator to personally compensate for the damage. What matters is that the victim’s damages have been repaired and that the perpetrator does not object. Therefore, with the perpetrator’s knowledge and consent, a lawyer, relative, or friend may be able to compensate for the damage or return the property involved. For effective remorse provisions to apply, the parties’ statements that the damages have been repaired are not sufficient; this matter must be established at trial; in other words, effective remorse must be proven.
I-) CONDUCT OF TRIAL AND SANCTION OF CRIME
1-) Competent and Authorized Court
ThisThe Criminal Court of First Instance has jurisdiction for the simple form of the crime under Article 157 of the Turkish Penal Code and the lesser penalty under Article 159 of the Turkish Penal Code. For the crime of aggravated fraud, jurisdiction falls to the High Criminal Courts. In fraud, when the place where the deceptive acts were committed and the place where the benefit was derived are the same, the court in that place has jurisdiction. Because fraud is a crime with consequences, the place where the acts were committed and the place where the result occurred may differ. In this case, the court where the perpetrator benefited, that is, the place where the result occurred, has jurisdiction.
2-) Complaint and Reconciliation
Fraud is one of the crimes that are prosecuted ex officio. “There must be a certain kinship relationship between the perpetrator and the victim” is regulated in TCK Article 167/2 and TCK Article 159.In cases where “the crime is committed for the purpose of collecting a debt based on a legal relationship”, the investigation and prosecution of the crime depends on the complaint.
Sanction of Crime
According to TCK Article 157, the crime of fraud is punishable by imprisonment of one to five years for its simple form.and a judicial fine of up to five thousand days is foreseen. Accordingly, in case of conviction, a judicial fine must be imposed in addition to the prison sentence. The crime can be committed by exploiting religious beliefs and feelings (TCK Art. 157/1-a); by taking advantage of a dangerous situation or difficult conditions in which a person is (TCK Art. 158/1-b); by taking advantage of a person’s weakness of perception (TCK Art. 158/1-c); by exploiting public institutions and organizations, public professional organizations, political parties, foundations or associations.by using their personalities as a tool (TCK Art. 158/1-d); by taking advantage of the convenience provided by press and publication tools (TCK Art. 158/1-g); by cooperative managers during the commercial activities of traders or company managers or acting on behalf of the company, within the scope of cooperative activities (TCK Art. 158/1-h); by self-employed persons because of their professions.If the crime is committed by abusing the trust placed in them (TCK Art. 158/1-i), the penalty for the crime is imprisonment from three to ten years and a judicial fine of up to five thousand days. In cases where the crime is committed to the detriment of public institutions and organizations (TCK Art. 158/1-e); by using information systems, banks or credit institutions as a tool (TCK Art. 158/1-f); in order to ensure the opening of a loan that should not be allocated by banks or other credit institutions (TCK Art. 158/1-j); in order to collect insurance proceeds (TCK Art. 158/1-k); by the person introducing himself as a public official or an employee of banks, insurance or credit institutions or saying that he is affiliated with these institutions and organizations, the lower limit of the prison sentence cannot be less than four years, and the amount of the judicial fine cannot be less than twice the benefit obtained from the crime.If the crime is committed by deceiving someone by claiming to have a relationship with them, by promising them a favor, by promising to do a certain job, and by obtaining a benefit from another person (Article 158/2), the lower limit of the prison sentence to be given is four years, and the amount of the judicial fine cannot be less than twice the benefit obtained from the crime. If the simple or qualified form of fraud is committed jointly by three or more persons, the penalty to be given is halved; if it is committed within the scope of the activities of an organization established to perpetrate the crime, the penalty to be given is increased by one-fold.
CONCLUSION
Fraud crime is a type of crime that requires high technical analysis in terms of the intensity of the fraud, the formation of the victim’s will and the proof of the harm-benefit link.With digitalization, qualified cases processed through information systems have gained ground in practice; for some clauses, stricter penalties have been introduced, such as a four-year minimum and a judicial fine of at least twice the benefit. During the investigation/prosecution process,Failure to properly establish technical evidence management (financial trail, log/HTS, digital review), typicality distinctions, and aggregation issues can lead to unlawful characterization and loss of rights. Therefore, it is crucial to develop a strategy consistent with the normative framework and current case law, taking into account the specifics of the specific case.
MOST WONDERED QUESTIONS ABOUT FRAUD CRIME
1-) What is the crime of fraud?
It is the act of deceiving someone through fraudulent behavior and gaining an unfair advantage in favor of the perpetrator or someone else, to the detriment of the victim or a third party (TCC Art. 157–159).
2-) In which articles is the crime of fraud regulated?
The basic case is regulated in Article 157 of the Turkish Penal Code; the qualified cases are regulated in Article 158; and the case committed “for the purpose of collecting the receivable” is regulated in Article 159.
3-) What is the penalty for fraud?
Basic case (Article 157): 1–5 years of imprisonment and a judicial fine of up to 5,000 days.
Qualified cases (Article 158): 3–10 years of imprisonment and a fine; in some cases, the lower limit is 4 years and the fine is at least twice the benefit.
Purpose of collection of receivables (Article 159): Depending on the complaint, 6 months – 1 year imprisonment or judicial fine.
4-) What are the cases of qualified fraud?
-To the detriment of public institutions and organizations
Public legal entities or public institutions such as the state, municipality, universityprocessing at a loss.
-By using information systems, banks or credit institutions as tools
Internet fraud, phishing, fake bank transactions, ATM device tampering, etc.
-Taking advantage of the convenience provided by press and broadcasting toolsby k
Fraudulent activities aimed at large audiences through TV, radio, newspapers or internet broadcasts.
– By traders or company managers or persons acting on behalf of the company during their commercial activities.
Committing fraud by abusing the trust relationship related to trade.
-Cooperative managers within the framework of cooperative activities
Gaining benefits by exploiting the trust of cooperative members.
– By self-employed people, due to their professionthrough abuse of trust
Fraud by abusing trust while working in professions such as lawyers, doctors, and financial advisors.
-To ensure that a loan is opened that should not be allocated by banks or other credit institutions.
Obtaining a loan with false information/documents.
-In order to receive the insurance amount
Obtaining insurance payment by reporting false loss/damage.
-Presenting oneself as a public official or an employee of a bank, insurance company or credit institution, or contacting these institutions and organizations.by saying that it is related
Gaining trust and gaining benefits by saying “I am a police/gendarmerie/bank official”.
-Talking about his relationship with public officials, he promised to get a job done.
To gain benefit by saying, “I can get your job done thanks to the officer/supervisor I know.”
5-) What does fraud for the purpose of collecting receivables mean?
If a receivable based on an existing legal relationship is collected fraudulently, the crime becomes less punishable;a complaint is sought.
6-) What is the method of investigation in fraud crimes??
Basic and qualified cases are pursued ex officio; only Article 159 is investigated through a complaint, as it is subject to a complaint.
7-) What is the relationship between informatics and fraud?
Electronic means (internet, phishing, social engineering) become a qualified form of crime and the penalty is increased.
😎 What are the elements of evidence in fraud?
Evidence such as bank records, log files, HTS data, and communication records are critical (especially in cyber fraud).
9-) Will legal entities be punished?
Criminal liability is personal; however, security measures may be implemented, license revocation or judicial fines may be imposed on legal entities that derive benefits.
10-) What should a victim of fraud do?
With a petition to the nearest police or prosecutor’s officeA complaint must be filed by contacting the court. It is very important that it is supported by evidence.
11-) What are the concurrence problems in the crime of fraud?
When committed together with document forgery or cybercrime, the distinction between multiple crimes and consuming/consumed crimes comes to the fore.income.
12-) What are the main purposes of the crime of fraud and the legal values it aims to protect?
Fraud aims to protect the individual’s freedom of will, trust relationships and the principle of honesty, as well as the protection of property and economic order.
13-) What is the criterion for fraudulent behavior in judicial practice?
The deception must be of such intensity as to impair the victim’s will; it must be supported by external behavior that exploits trust, rather than merely false statements.
14-) How does the “active regret” mechanism work in fraud?Things?
If the perpetrator fully compensates the victim for the damages during the investigation or prosecution phase, a two-thirds reduction in the penalty may be possible, pursuant to Article 168 of the Turkish Penal Code. In cases where the damages are remedied, even if the amount of the fraudulent act is paid without adjusting for inflation, even after many years, the damages are remedied and effective remorse is granted. While this practice is not equitable, the perpetrator benefits from effective remorse. It is more equitable to compensate for the damages, taking into account inflation, to the extent possible. Partial reparation requires the victim’s consent. If the victim consents to partial reparation, the perpetrator is deemed to have compensated for the damages and benefits from effective remorse.
15-) In which cases of fraud is the possibility of reconciliation valid?
OnlyIn simple fraud (TCK Art. 157), reconciliation is possible; in qualified cases, this path is closed.
16-) What rights do fraud victims have?
You can file a criminal complaint against the perpetrator, participate in criminal proceedings, and seek legal compensation for damages.may use other methods (legal lawsuit, enforcement).
17-) Can legal entities be held liable for fraud?
Criminal liability is personal; however, if the legal entity has benefited, security measures (license revocation, fines, etc.) may be applied.
18-) TelephoneWhat type of fraud is committed through social media?
It is usually committed through information systems and is considered within the scope of qualified fraud.
19-) How long can a fraud case last?
It may take 6–12 months for simple cases, and 1–3 years for cases involving complex cybercrime or organised crime.
20-) What should the victim do first when he/she is subjected to bank fraud?
You should immediately contact your bank and request a block on the transaction; documents and communication records should be submitted as evidence.
21-) How does the simple or qualified nature of the crime affect the jurisdiction of the criminal court?
Simple (TCK 157): Criminal Court of First Instance
Qualified (TCK 158): The High Criminal Court deals with the case.
22-) How do criminal protocols work in organized fraud?
Three or morePenalty increases are applied for frauds committed by more than one person or within the scope of organizational activities (e.g., Article 158/3).
COURT OF APPEALS DECISIONS REGARDING THE CRIME OF FRAUD
1-) Court of Cassation 8th Criminal Chamber 2021/12822 Docket 2023/9470 Decision (Victim intervened)If the defendant, having learned the credit card information, spends money on the credit card against the consent of the defendant, the crime of misuse of bank or credit cards is not committed, but the crime of fraud.
| “…Considering the matters stated in the incident and facts,The trial concluded that the defendant, who had learned the credit card information of the participant by calling the participant, committed the crime of benefiting from the unauthorized use of someone else’s bank or credit card by spending money on the credit card against the participant’s consent.The rejection of other appeals which were not found to be valid, however, the statement of the participant that the 642.00 TL taken from him was sent to him by mail and that he did not suffer any damage and the defendant’s defense counsel’s petition dated 10.05.2016 was annexed to the water”In the face of the PTT payment document dated 07.03.2016, which states that 643.00 TL was transferred to the participant’s account, it was found unlawful to impose an excessive sentence without considering the need to apply effective repentance reduction provisions against the defendant…” |
2-) Supreme Court 23.Criminal Chamber 2015/7075 Case 2016/5030 Decision (Since the defendants were caught trying to withdraw money by going to the bank after the money was deposited, there was no error in accepting that their actions constituted the crime of attempted fraud.):
| “…Accused… called the participant with a mobile phone that was not registered in his name and said that he was a police officer in the fight against terrorism, that his name was …, that lines, credit cards and accounts were opened in his name, that terrorist organizations were taking money from banks, and that someone inside the bank was using this information.After he said that he helped in the transactions and that he needed to deposit a large amount of money into the account opened in the name of …, the number of which he gave in order to determine who the people who helped were, the participant paid 100,000 TL to the other defendant …, who was declared by the defendant …”There is no error in accepting that the defendants’ actions constituted the crime of attempted fraud since they were caught trying to withdraw the money by going to the bank after the money was deposited into the account opened in their name…” |
3-) Supreme Court 11th CDepartment of Criminal Procedure 2021/21154 Case 2023/3879 Decision (In order for the defendant to be punished for the crime attributed to him contrary to his defense, he must be acquitted of qualified fraud since no clear and convincing evidence beyond any doubt could be obtained.):
| “…It was determined that the complainant’s Facebook account was accessed from the internet cafe operated by … on the date of the crime. … … did not have any knowledge other than the assumption that the defendant had accessed the complainant’s Facebook account and asked for money from the victims.In the event that it was understood that the accused was not found guilty, an acquittal decision should be given considering that no clear and convincing evidence beyond any doubt could be obtained in order to be punished for the crime charged against the defendant’s defence, but the evidence was not sufficient to fit the scope of the case file.”…to establish the conviction with justification…” |
4-) Supreme Court Decision – 15. CD., E. 2018/3390 K. 2018/5106 T. 5.7.2018 (Committing the crime of fraud for the purpose of collecting a receivable based on a legal relationship):
| “…in the incident where the defendant … delivered a forged copy of the power of attorney to the workplace of the participant …, and where it was alleged that the defendant acted in this way in cooperation with the non-appeal defendant, who is his brother, in order to collect the insurance proceeds; there was no allegation of fraud regarding the accident in which the vehicle subject to the insurance policy was involved, and therefore, no error was found in the court’s acceptance and application that the defendant’s action constituted the crime of fraud in order to collect his receivables based on legal relationships…” |
5-) Supreme Court Criminal General Assembly 2015/1072 Case 2018/633 Decision (The crime of fraud is committed because the behavior of the person who takes money with the promise of sexual intercourse and runs away is fraudulent and provides material benefit.
legal elements have been formed.):
| “…EventThe defendant was waiting on the roadside in front of the bus terminal at around 20:00 on the day of theHe signaled to the complainant who was driving to stop, and upon this, he agreed to have sexual intercourse with the complainant who came to him for 40 TL.In the incident where he disappeared after taking the money from the road and telling the complainant to wait for him in the future, the defendant who was waiting at the roadside in the evening approached the complainant with an immoral purpose and behaved in a way that would make him believe that this purpose would be achieved.that he bargained with the complainant, disappeared after gaining material benefit, and that the complainant’s damage was not due to the non-fulfillment of the immoral request, but on the contrary, as a result of the defendant’s fraudulent behavior in the belief that this request would be fulfilled.It is a private law matter whether the complainant can claim the damages that occurred and it does not prevent the crime of fraud from occurring, the fraudulent behavior of the defendant, which was carried out by resorting to an immoral method in the concrete case.”It must be accepted that the act of fraud is of a deceptive nature that goes beyond the legal dimension and requires criminal liability, and that the crime of fraud attributed in this way is constituted in terms of its legal elements…” |
The Importance of Legal Support
Fraud crimes, especially Fraud Using Information Systems and Technologies, which has become widespread recentlyCrimes require technical knowledge, legislative expertise, and deep expertise in judicial practices. While the legal provisions are clear, each case has its own unique circumstances, and even a small mistake can lead to loss of rights. Therefore, working with an experienced attorney from the beginning of the process is crucial to determining the right strategy, protecting your rights, and achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications. A professional lawyer will guide you not only in preparing the petition but also in gathering evidence, representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.