This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Dolandırıcılık Suçu: Şikâyet, Nitelikli Hâller ve Para İadesi.
Fraud is deceiving a person by fraudulent conduct so as to obtain a benefit at their expense or that of another (TCK art. 157). The basic offence does not require a complaint; it is investigated of the prosecutor's own motion. In the aggravated forms (TCK art. 158) the penalty rises markedly. Recovering the money, however, is achieved not through the criminal file but as a rule through a separate civil action.
Fraud is an offence in which the victim sends the money themselves, so victims are often embarrassed and act late — when the first hours are decisive.
The Elements
Under TCK art. 157, fraud is deceiving a person by fraudulent conduct and thereby obtaining a benefit for oneself or another at the expense of that person or a third party.
Three elements must be present together: the fraudulent conduct, the fact that it deceived the person, and the resulting pecuniary benefit.
A simple lie is not enough; the conduct must be planned and apt to deceive — forging documents, posing as an official, setting up a fake website.
Fraud does not require a complaint; the prosecutor opens an investigation as soon as it comes to their notice. But a victim's complaint and the evidence they produce affect the speed of the process directly.
The Aggravated Forms
TCK art. 158 lists the circumstances that increase the penalty substantially. Those met most often:
- Using information systems, banks or credit institutions as the means — nearly all internet and telephone fraud falls here;
- Using public institutions as the means;
- Exploiting a person's religious beliefs and feelings;
- Exploiting the dangerous situation or hardship a person is in;
- Exploiting the weakness of a person's capacity to perceive;
- Exploiting the facilities afforded by press and broadcasting;
- Abuse of the trust arising from a profession, by a member of it;
- Committing it to obtain an insurance payment.
In the aggravated form the penalty increases markedly and a judicial fine is also imposed.
| Circumstance | Example |
|---|---|
| Exploiting religious beliefs and feelings | Under the guise of collecting for charity |
| Exploiting hardship | Promising a bogus treatment to a patient's family |
| Using public institutions as the means | Posing as a prosecutor or police officer |
| Using banks or credit institutions as the means | A spoofed bank call, a fake site |
| Using information systems as the means | A fake e-commerce site, phishing |
| Abuse of professional trust | — |
| Committed by a trader in the course of business | — |
Aggravated fraud is outside conciliation, and because it does not require a complaint, withdrawing one does not end the investigation.
The First 24 Hours
If money has been transferred, speed is everything:
- Call your bank. Instruct them immediately to cancel the transaction or request a recall. If the funds have not yet reached the recipient account, cancellation may be possible.
- Ask for the recipient account to be blocked. A fraud report to the bank can result in restrictions on the receiving account.
- Report it. File a complaint at the nearest police station or directly with the public prosecutor. A prosecutor's decision can place restraints on the accounts.
- Collect the evidence. The transfer receipt, the IBAN, the telephone number, screenshots of the messages, the address of the fake site, call records.
- Cancel your card and change your passwords.
All of this should be done the same day. Once the money is withdrawn or dispersed to other accounts, recovering it becomes far harder.
Recovering the Money
The commonest mistake is to stop at the criminal complaint. The purpose of criminal proceedings is to punish the offender; it does not of itself return your money.
- A damages action against the offender under the law of tort;
- Enforcement proceedings to collect the claim;
- Seized assets. The return to the victim of money and valuables seized in the investigation can be sought;
- The bank's liability. Where the bank breached its security obligations, a claim against it may arise — particularly on allegations of unauthorised transactions or weak identity verification.
Joining the criminal file as an intervening party lets you follow it and reach information about the offender's assets. Ask for that from the outset.
Effective Remorse
TCK art. 168 governs effective remorse in offences against property: where the offender, instigator or accessory makes good the victim's loss entirely, by restitution or compensation, before the prosecution begins, the penalty is substantially reduced.
Where the loss is made good in part, the reduction applies with the victim's consent.
For a victim the practical significance is this: the offender may be willing to make good the loss in order to obtain the reduction. That is leverage that improves the chance of recovering your money, and it is worth weighing in any negotiation.
But withdrawing the complaint in return does not end the investigation, because the offence does not require a complaint. Do not be misled on that point.
In fraud the first hours decide the outcome. Ask the bank for a recall and for the receiving account to be blocked, and complain to the prosecutor the same day. A criminal complaint will not bring your money back — start a damages action or enforcement separately.
Frequently Asked Questions
Does fraud require a complaint?
No. The prosecutor investigates of their own motion. But a victim's complaint and evidence speed the process.
I was defrauded online. Is the penalty higher?
Yes. Using information systems, banks or credit institutions as the means is an aggravated form under TCK art. 158, and the penalty rises markedly.
How do I get my money back?
The criminal file alone is not enough. Bring a damages action or start enforcement, seek the return of seized assets, and join the file as an intervening party.
What if the offender repays?
Making good the loss entirely before the prosecution begins brings a substantial reduction under TCK art. 168; it does not remove the penalty.
Can the bank be liable?
Where it breached its security and identity verification obligations, liability may arise; it depends on the facts.