What is Fraud Offense? Definition and Penalty According to Turkish Penal Code

Fraud Offense is regulated under Article 157 of the Turkish Penal Code. It is defined as deceiving someone through fraudulent actions, causing harm to their or another's property, and securing an unjust benefit for oneself or another. The offender is punishable by one to five years of imprisonment and a judicial fine of up to 5,000 days.

The primary legal interest protected by the fraud offense is property rights. This offense targets the economic interests of the victim. The victims can be natural or legal persons whose property is harmed. The offender must deceive the victim through fraudulent behavior to obtain an unjust benefit.

For the offense of fraud to be committed, the offender must fulfill the following elements:

• Fraudulent behavior: The offender must make false statements or perform misleading actions to deceive the victim.
• Victim's deception: The victim must believe the offender's deceptive actions and suffer financial harm.
• Damage or unjust gain: The offense must result in harm to the victim's property and unjust gain for the offender or another party.

The aggravated forms of fraud offense are regulated under Article 158 of the Turkish Penal Code and are subject to more severe penalties:

• Exploitation of religious sentiments: Committing fraud by exploiting the victim's religious beliefs is considered aggravated fraud.
• Exploitation of difficult circumstances: Committing fraud by taking advantage of the victim's challenging conditions.
• Using information systems: Committing fraud through the use of the internet or banking systems.
• Commitment by merchants, professionals, or company managers: Fraud committed by these individuals during commercial activities is also considered aggravated.

The basic form of the fraud offense is punishable by the criminal court of first instance, while aggravated forms are tried by the heavy penal court. Compensation for the victim's damage may result in a reduced sentence.

Internet fraud is one of the most common types of fraud. Examples include stealing a victim's bank information or selling fake products online, both of which are considered aggravated fraud.

Bayar Law Firm provides legal consultation and representation in cases related to fraud offenses. If you encounter any fraud cases, it is crucial to seek professional assistance to protect your rights and effectively navigate the legal process.

Note: This article was prepared by Attorney Hüseyin Bayar and may not be copied or reproduced without permission.