This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Dolandırıcılık Suçu: Şikayet, Ceza ve Savunma Hakları.
Fraud consists in deceiving a person by deceitful conduct and thereby securing a benefit for oneself or for another. The offence is not subject to complaint; the prosecutor opens an investigation as soon as it comes to their attention. What determines both the sentence and the procedure is whether the conduct falls within one of the aggravated forms.
Fraud is governed by Article 157 of the Turkish Criminal Code. Thousands of prosecutions are brought each year, and it matters that victims and accused alike know where they stand. Online fraud in particular has multiplied with the growth of internet shopping; frauds carried out through social media and counterfeit e-commerce sites affect people both financially and personally.
This article sets out the elements of the offence, its aggravated forms, how to report it, and the rights of an accused.
When Is the Offence of Fraud Committed?
Four elements must be present together under Article 157:
- Deceitful conduct. The perpetrator must have acted so as to distort or conceal the truth. An ordinary lie does not suffice; the deception must be effective enough to mislead. Producing false documents, concealing identity details, or presenting a non-existent product as real are examples.
- Inducing a mistake. The victim must have been misled as a result of that conduct, and the mistake must be causally connected to the deception.
- Causing loss. The victim or a third party must have suffered financial loss. Loss is necessary for the offence to be complete.
- Securing an unlawful benefit. The perpetrator or a third party must have obtained an unlawful gain, which may be money, goods, services or any economic value.
If any of these is missing, the conduct may not amount to fraud. A dispute arising out of a contract between the parties, for instance, is not by itself fraud; it is a matter for the law of obligations.
What Is Aggravated Fraud, and What Is the Sentence?
In certain circumstances fraud is punished far more severely. Article 158 governs these aggravated forms, which include fraud committed:
- by the misuse of bank or credit cards
- through the press, broadcast media or the internet
- by exploiting the status of a public official or the trust placed in public institutions
- by exploiting religious beliefs and feelings, or family relationships
- by exploiting a professional position such as that of a lawyer or a doctor
- in the course of the activities of a criminal organisation
Simple fraud under Article 157 carries 1 to 5 years' imprisonment together with a judicial fine; aggravated fraud under Article 158 carries 3 to 10 years' imprisonment and a judicial fine that may run to thousands of days. For some of the aggravated forms the lower limit is set at 4 years.
| Simple fraud (Art. 157) | Aggravated fraud (Art. 158) | |
|---|---|---|
| Imprisonment | 1 – 5 years | 3 – 10 years (lower limit 4 years for some paragraphs) |
| Judicial fine | Imposed together with imprisonment | Imposed together with imprisonment |
| Complaint required | No; prosecuted of the authorities' own motion | No; prosecuted of the authorities' own motion |
| Criminal mediation | Within its scope | Outside its scope |
| Limitation period for prosecution | 8 years | 15 years |
The aggravated forms include the use of information systems, of banks or credit institutions, the use of the name of a public body, and the exploitation of a person's difficult circumstances.
What Should You Do as a Victim?
The steps are clear, but taking them correctly and in time matters a great deal.
- Report it. You may apply to the nearest police station or to the public prosecutor's office, orally or by written petition. Fraud is prosecuted of the authorities' own motion, so no six-month complaint period applies; report it as early as you can nevertheless, because evidence disappears.
- Gather your evidence. Bank receipts and transfer records, screenshots of messages, e-mail correspondence, signed contracts, witness details and social media profile information are all critical.
- Notify your bank. If your card details have been taken, cancel the card immediately and inform your bank. In some cases the transaction can be reversed through the bank.
- Take legal advice. Professional help matters for drafting the complaint properly, for joining the proceedings as an intervening party, and for claiming compensation.
“Any person who, by deceitful conduct, deceives another and thereby secures a benefit for themselves or for another to the detriment of that person or of a third party … shall be sentenced to imprisonment.” — Turkish Criminal Code, Article 157
What Are Your Rights If You Are Under Investigation?
If you face an allegation of fraud, knowing your rights is essential. The basic rights of an accused in Turkish criminal proceedings are guaranteed by the Constitution and the Criminal Procedure Code.
- The right to silence. When taken into custody or asked to give a statement, you are not obliged to say anything that incriminates you.
- The right to a lawyer. You may ask for a lawyer in custody or detention. If you cannot afford one, the bar association assigns one free of charge.
- Do not give a statement without legal assistance. Giving a statement to the prosecutor or the court without your lawyer present is not in your interest; do not hesitate to exercise this right.
- Criminal mediation. Simple fraud under Article 157 falls within the scope of criminal mediation. If the parties reach agreement through a mediator, the prosecution is discontinued. Aggravated fraud is outside its scope.
- Acquittal. Where the elements of the offence are not all proved, the court must acquit. That any doubt benefits the accused is a foundational principle of Turkish criminal law.
In online shopping fraud, save screenshots, payment records and all correspondence at once. Preserving evidence in time directly affects the success of any later complaint. Social media accounts and counterfeit websites can be taken down quickly, so record the addresses as well.