The Offence of Fraud in Turkey: Penalty and Aggravated Forms (TCK Articles 157-158)

Fraud consists of deceiving a person through fraudulent conduct to obtain an unlawful benefit for oneself or another; the presence of aggravating circumstances directly affects the severity of the penalty.

Elements of Fraud

Under Article 157 of Turkish Criminal Code No. 5237 (TCK), for the offence of fraud to occur, the perpetrator must deceive a person through fraudulent conduct and thereby obtain a benefit for themselves or another, to the detriment of that person or another. Merely lying is not sufficient — the deception used must be misleading to a degree that deprives the victim of the ability to investigate the truth.

Penalty for Simple Fraud

Under Article 157 of the TCK, the offence of simple fraud is punishable by one to five years' imprisonment and a judicial fine of up to 5,000 day-units.

Aggravated Fraud and Its Penalty

Under Article 158 of the TCK, the offence is considered aggravated where it involves exploiting religious beliefs and feelings, taking advantage of a person's dangerous situation, claiming to be a public official, using computer systems or banking/credit institutions as a means, or committing the offence to obtain insurance proceeds, among other circumstances; in these cases, the penalty rises to three to ten years' imprisonment and a judicial fine of up to 5,000 day-units.

Limitation Period

The limitation period for prosecution is eight years for simple fraud and fifteen years for aggravated fraud. These periods begin to run from the date the act was committed.

Complaint and Mediation

Investigating and prosecuting the offence of fraud does not depend on any complaint requirement; the victim withdrawing their complaint has no effect on the case or the penalty. Simple fraud falls within the scope of mediation; however, mediation provisions do not apply to aggravated fraud.

Competent Court

Simple fraud cases are heard before the criminal court of first instance, while aggravated fraud cases are heard before the heavy penal court.

Practical Recommendations

If you realise you have been the victim of fraud, immediately gather all evidence showing the fraudulent conduct and the harm suffered (correspondence, bank receipts, contracts) and do not hesitate to file a complaint with the prosecutor's office; even though the offence is not subject to a complaint requirement, filing early prevents the loss of evidence.

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