The crime of fraud, according to the Turkish Penal Code, is the act of obtaining an unlawful benefit to the detriment of someone by deceiving them through fraudulent conduct. As a fraud lawyer, we provide legal services to our clients in fraud cases. It is extremely important to work with an effective criminal lawyer for those who want to file a fraud lawsuit or defend against this crime.
Articles Regulating the Crime of Fraud in the TPC
TPC Article 157: The simple crime of fraud refers to deceiving someone through fraudulent conduct and obtaining an unlawful benefit to their detriment. A person who commits this crime is given imprisonment from 1 year to 5 years and a judicial fine.
The relevant article is as follows:
(1) A person who deceives someone through fraudulent conduct and provides a benefit to themselves or another to the detriment of that person or another shall be punished with imprisonment from one year to five years and a judicial fine of up to five thousand days.
This article addresses the simple crime of fraud and determines the penalty amounts. The crime of fraud occurs when the perpetrator obtains an unlawful gain as a result of deceiving the victim through fraudulent actions.
TPC Article 158: Aggravated fraud is the crime of fraud committed under more severe conditions. For example, in the crime of fraud committed using public institutions, religious feelings, or information systems, the penalty is imprisonment from 3 years to 10 years and a judicial fine.
The relevant article is as follows:
(1) If the crime of fraud is committed;
- a) By exploiting religious beliefs and feelings,
- b) By taking advantage of the dangerous situation or difficult circumstances in which the person finds themselves,
- c) By taking advantage of the weakness of the person’s perception ability,
- d) By using public institutions and organizations, public professional organizations, political party, foundation or association legal entities as instruments,
- e) To the detriment of public institutions and organizations,
- f) By using information systems, banks or credit institutions as instruments,
- g) By taking advantage of the facilities provided by press and broadcasting tools,
- h) During the commercial activities of persons who are merchants or company managers or cooperative managers,
- i) By abusing the trust placed in them by persons engaged in a liberal profession due to their profession,
- j) By ensuring the opening of a credit that should not be allocated by banks or other credit institutions,
- k) For the purpose of receiving insurance compensation,
- l) (Added: 24/11/2016-6763/12 art.) By disposing of a lost or erroneously obtained property,
- m) (Added: 24/11/2016-6763/12 art.) By defrauding public institutions and organizations, public professional organizations, political party, foundation or association legal entities, or professional natural or legal persons for the purpose of meeting needs such as shelter, nutrition, travel, health, communication, the perpetrator shall be sentenced to imprisonment from three years to ten years and a judicial fine of up to five thousand days.
(2) (Amended: 29/6/2005 – 5377/15 art.) If the crime is committed;
- a) By more than one person together,
- b) (Amended: 6/12/2006 – 5560/4 art.) By taking advantage of the facilities provided by a specific profession or craft,
- c) (Amended: 6/12/2006 – 5560/4 art.) For the purpose of unjustly showing that persons have rights over movable or immovable property,
- d) (Added: 24/11/2016-6763/12 art.) If committed by the perpetrator themselves or in participation, the penalty to be given according to the above paragraph shall be increased by half.
This article covers aggravated fraud cases and regulates the penalties to be applied when the crime is committed under more severe conditions.
What Penalties Can Be Received in Fraud Crimes?
The penalty for the crime of fraud varies depending on whether the crime is committed in a simple or aggravated manner. Our lawyers specialized in Ankara criminal law fraud cases provide comprehensive information to our clients about the penalty amounts and trial processes of fraud crimes. While the penalty in simple fraud is imprisonment from 1 year to 5 years, in the crime of aggravated fraud, this penalty increases from 3 years to 10 years.
Aggravating Circumstances of the Crime of Fraud
The aggravating circumstances of the crime of fraud are as follows:
- Use of public institutions
- Exploitation of religious feelings
- Use of information systems or banks
- Committing fraud for the purpose of receiving insurance compensation
- Taking advantage of the facilities provided by profession and craft
In these cases, the crime is punished more severely. In fraud crime cases in Turkey, penalties are higher in aggravating circumstances and require meticulous defense.
Material and Moral Elements of the Crime of Fraud
Material Elements: The material elements of the crime of fraud are the perpetrator’s fraudulent conduct deceiving the victim, harming them, and obtaining an unlawful gain from this act. The evidence required to prove the crime of fraud must show how the fraudulent actions harmed the victim.
Moral Elements: The crime of fraud is committed with intent. The perpetrator intentionally attempts to obtain unlawful gain by deceiving the victim. The crime of fraud and its penalties according to the Turkish Penal Code are determined by proving the perpetrator’s intent.
Points to Consider in the Crime of Fraud
When you are subjected to the crime of fraud or accused of this crime, the importance of hiring a lawyer for the crime of fraud is great. In order to make an effective defense in such accusations, victim rights in the crime of fraud and legal processes must be meticulously followed. The question how to find a fraud crimes lawyer in Ankara? is one of the most critical steps in this process.
The crime of aggravated fraud (TPC 158) is a crime with serious consequences, and there are some important points to consider in terms of defense or victimization. Here are some important points to consider in this type of crime:
1. Element of Fraud and Deception:
The most critical element in aggravated fraud is the perpetrator deceiving the victim through fraudulent conduct. Fraud is actions consciously performed in a way that will mislead the victim. This can occur in the form of the perpetrator providing false information, using fake documents, or exploiting the victim’s perception ability. How the fraudulent actions were performed should be carefully examined in the case.
2. Use of Public Institutions and Other Institutions:
One of the aggravating elements of the crime of aggravated fraud is the use of trusted institutions such as public institutions, banks, or credit institutions as instruments. In such cases, persons committing the crime face more severe criminal sanctions. If the crime was committed in this way, correspondence and documents with the relevant institutions should be carefully examined.
3. Taking Advantage of the Victim’s Difficult Situation:
Taking advantage of the difficult situation the victim is in (for example, illness, poverty) or the weakness of their perception ability falls within the scope of aggravated fraud. These situations should be carefully considered in the case and it must be proven whether the crime actually deceived the victim.
4. Existence of Material and Moral Elements:
For the crime of fraud to occur, the victim must be harmed as a result of fraudulent conduct (material element) and the perpetrator must have knowingly and willingly carried out this situation (moral element). The manner in which this crime was committed and the element of intent should be well analyzed.
5. Collection of Evidence:
The importance of evidence is great in the face of accusations or in case of victimization. Especially if there are situations such as the use of information systems, fake documents, or public institutions, how these pieces of evidence will be obtained and presented to the court is of critical importance. Proper collection and presentation of electronic evidence is important.
6. Determining the Defense Strategy:
In the crime of aggravated fraud, the perpetrator may face severe sanctions in terms of the penalty amount. Therefore, the defense strategy needs to be carefully determined together with a criminal lawyer. Meticulous work should be done on which aggravated element the crime was committed with and how the evidence will be refuted.
7. Rights of Victims:
Victims can resort to legal remedies to compensate for their material losses. Especially in fraud crimes committed through public institutions, banks, or credit institutions, it is important for victims to seek their rights and make compensation claims.
8. Determination of Aggravating Reasons:
Aggravating reasons in the crime of aggravated fraud (use of public institutions, exploitation of religious feelings, etc.) increase the penalty for the crime. Whether these reasons exist should be specifically examined in the case and an appropriate defense or demands should be developed accordingly.
9. Imprisonment and Judicial Fine:
When the crime of aggravated fraud is proven, the perpetrator is punished with imprisonment from 3 years to 10 years and a judicial fine of up to five thousand days. The amount of the penalty in fraud crimes varies depending on the manner in which the crime was committed and the aggravating elements.
10. Commission by More Than One Person:
The commission of the crime of fraud by more than one person is also an aggravating element. In such a situation, the penalty rate can be increased. A careful examination should be made in the case regarding how many people were involved in the crime and a strategy should be developed accordingly.
Paying attention to these points in aggravated fraud crimes is important both for defending the rights of victims and for making an effective defense against accusations. The fraudulent aspects of the crime, the collection of evidence, and aggravating elements should be carefully addressed, and an expert criminal lawyer should be worked with at every step.
It is important to get professional support to protect your rights in legal processes and minimize possible criminal risks. For detailed information about our services in the field of criminal law, you can visit our Criminal Law Services page.
Why Should You Choose Us?
- Expertise: We have a team specialized in Ankara fraud crime and criminal law.
- Experience: Our lawyers with extensive experience in fraud crimes develop the best defense strategies for you.
- Personalized Approach: Since each case is unique, we offer the most suitable solutions for you.
The importance of hiring a lawyer for the crime of fraud is critical in terms of meticulously conducting cases. If you are looking for a fraud crime criminal lawyer in Turkey, you can contact our office for legal consultation. The collection and correct presentation of evidence in the crime of fraud is one of the most important elements directly affecting the course of the case. Therefore, it is extremely important to get professional support at every stage of legal processes.
