Cybercrime and Bank/Credit Card Fraud in Turkey (TCK Articles 243-245)

Cybercrime encompasses technology-driven acts such as unlawful access to computer systems, data corruption, or misuse of bank or credit cards; because the evidence is digital in nature, these cases require an early and technically informed defence strategy.

Unlawful Access to a Computer System

Under Article 243 of Turkish Criminal Code No. 5237 (TCK), a person who unlawfully accesses all or part of a computer system and remains there is punished with up to one year's imprisonment or a judicial fine; if the data contained in the system is destroyed or altered as a result of this act, the penalty rises to six months to two years' imprisonment.

Corrupting Data, Rendering It Inaccessible, or Placing Data on a System

Under Article 244 of the TCK, a person who obstructs or corrupts the operation of a computer system, or destroys or alters its data, is punished with one to five years' imprisonment; where these acts are committed against a computer system belonging to a bank, credit institution, or public body, the penalty is increased by half.

Misuse of a Bank or Credit Card

Under Article 245 of the TCK, a person who obtains a benefit for themselves or another by using or causing another to use a bank or credit card belonging to another person without the owner's consent is punished with three to six years' imprisonment and a judicial fine of up to 5,000 day-units; a person who uses a forged or altered bank or credit card is punished with the same penalty.

Collecting and the Importance of Digital Evidence

In cybercrime cases, IP records, transaction history, system logs, and digital forensic tracing reports carry decisive evidentiary weight; obtaining this evidence properly and in time (before it is deleted) is critically important for both the complainant's case and the defendant's defence.

Competent Court and Complaint Requirement

Most cybercrimes are investigated of the prosecutor's own motion and are not subject to a complaint requirement; the offence of misusing a bank or credit card falls within this category as well. Basic cybercrimes are heard before the criminal court of first instance, while aggravated forms may be heard before the heavy penal court.

Practical Recommendations

If you notice your bank or credit card has been used without authorization, notify your bank immediately and record your transaction statements before applying to the prosecutor's office; if you face a cybercrime allegation, seek support from a lawyer working with a technical expert for the digital evidence examination.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.