TCK Article 158 regulates the qualified forms of the crime of fraud. In these cases, the penalty is much more severe than the basic article 157: 3-10 years of imprisonment and up to 5,000 days of judicial fine.
Qualified Circumstances (m.158/1)
- a) Abuse of religious beliefs and emotions.
- b) Taking advantage of the dangerous situation or difficult conditions that the person is in.
- c) Taking advantage of the person's weakness in perception ability
- d) To the detriment of public institutions/organizations.
- e) Using information systems, banks or credit institutions as tools.
- f) Benefiting from the convenience provided by press and broadcasting tools.
- g) As a merchant, tradesman or company manager.
- h) In the capacity of a freelancer.
- i) Opening a loan that should not be allocated by banks or other credit institutions.
- j) For the purpose of receiving insurance fee.
- k) By introducing oneself as a public official or employee of banks, insurance or credit institutions, or by saying that one is associated with these institutions and organizations.
Information System Fraud (Art.158/1-f)
Fraud committed through IT tools such as the internet, telephone, SMS, social media and mobile applications are within this scope. Typical examples:
- Fake e-commerce sites.
- Phishing.
- WhatsApp "mom, I'm sick" type social engineering.
- Fake investment/crypto promises.
- Fake bank calls (caller ID spoofing).
Imitation of "Public Official/Bank Employee" (Art. 158/1-l)
This qualified case has been added in recent years; It is a common type of crime to deceive the victim into sending money by pretending to be "policeman", "prosecutor", "MİT officer", "bank customer service".
Supreme Court 11th and 15th CD — Established Approach
11. CD and 15 CD look for the intensity of the "cheating" element of the fraud, the deceiability of the victim as a reasonable person, and the concrete determination of the benefit of the perpetrator. In fraud involving an IT system, the use of the system "as a tool" must be demonstrated with concrete evidence (IP, account records, SMS log).
Effective Regret (TCK Article 168)
- Complete compensation for the victim's damage.
- 2/3-1/2 in the investigation phase; 1/2-1/3 in prosecution.
- If there is more than one victim, all of them must be compensated.
What the Victim Should Do
Practical Considerations for the Defendant
- Discussion of the element of fraud.
- Clues contradicting the victim's statement.
- Evaluating the opportunity for effective repentance.
Qualified fraud cases may have cross-evidence and multiple victims. IT and criminal law lawyer recommended.