What Is Fraud in Turkey and What Is the Penalty Under Turkish Law?

Fraud in Turkish law is defined as the act of a person deceiving another through misleading behavior in order to gain an unfair benefit for themselves or someone else, to the detriment of the deceived party or a third person. The essential elements of this fraud crime in Turkey include the perpetrator exhibiting fraudulent conduct, the victim being misled by this fraud and performing an act that compromises their free will, resulting in a loss for the victim and a gain for the perpetrator. Fraud in Turkey, commonly called a scam in everyday language, is regulated under Articles 157, 158 and 159 of the Turkish Penal Code, and the penalty varies depending on whether the offence is simple fraud, aggravated fraud or fraud committed to collect a debt.

For example, if a person pretends to be a bank employee and calls someone to say, “There is a cyberattack on your account; you must transfer your money to a secure account,” thereby tricking the victim into sending money to an account under their control, this constitutes fraud in Turkey. In this case, the deceptive behavior impairs the victim’s free will and causes financial harm. The main consequences of each type of fraud under Turkish law are summarised in the table below; the details and exceptions are explained in the relevant sections.

What Is Criminal Fraud in Turkey?

Criminal fraud in Turkey is defined as a criminal offense in which a person, through fraudulent behavior, deceives another and gains an unfair benefit for themselves or a third party, to the detriment of the deceived person or another individual. This offense is regulated under Article 157 of the Turkish Penal Code and is classified among crimes against property. It aims to protect not only individual ownership but also societal trust.

For the crime of fraud to occur in Turkey, three essential elements must coexist: the perpetrator must engage in fraudulent acts; the victim must be deceived by these acts and take action as a result of this deception; and this action must result in damage to the victim and an unjust benefit to the perpetrator or a third party. Turkish law divides the offence into two main types according to how it is committed:

1. Simple fraud crime in Turkey occurs when the perpetrator, through fraudulent behavior, deceives another and thereby gains an unfair benefit for themselves or someone else, at the expense of the victim or a third party.
2. Aggravated fraud crime in Turkey, on the other hand, occurs when the crime is committed through the misuse of public institutions, religious beliefs, professional titles, social trust relationships, or technological tools. These circumstances make the crime more serious and increase the severity of the penalty.

In this respect, the crime of fraud in Turkey poses a threat not only to individual property but also to the stability of economic order and trust-based relationships. It carries both legal and social consequences. The type of fraud determines the penalty, the availability of reconciliation and the statute of limitations under Turkish law.

1. Is Attempted Fraud Punishable in Turkey?

Under Turkish law, fraud is completed only when the perpetrator obtains an unjust benefit; acts of execution that stop before the benefit is obtained are punished as an attempt. If the perpetrator merely engages in preparatory acts and has not yet initiated actions aimed at obtaining an unfair benefit, the crime is not considered to have reached the stage of attempt. To speak of an attempt, the preparatory acts must be completed, and direct execution aimed at obtaining the benefit must have commenced.

In the case of an attempt, the penalty in Turkey is reduced by one quarter to three quarters under Article 35 of the Turkish Penal Code, depending on the gravity of the harm or danger caused. For example, a victim who stops a transfer at the last moment after a warning from the bank is a typical case of attempted fraud, because the deception was completed but no benefit was obtained.

2. Is Failing to Repay a Debt or Deliver a Product Fraud in Turkey?

Not every misleading or false statement qualifies as a fraud crime in Turkey. For instance, if a seller claims in a commercial contract that a product is of a certain quality but delivers goods of lower quality, this may be considered a delivery of defective goods—provided there was no deliberate deceptive scheme. Such cases are resolved under the provisions of private law. Since the legal elements of fraud under Turkish law are not present in these types of disputes, criminal law does not apply; instead, the rules of contract law are relevant.

Under Turkish law, failing to repay a loan or failing to send a product that has been paid for is, as a rule, a breach of contract rather than fraud. However, if the perpetrator never intended to pay or deliver and persuaded the victim to send money through a fake advertisement, a false identity or an invented story, the debt relationship becomes the tool of deception and fraud comes into play. This distinction illustrates that the concept of fraud crime in Turkey involves not only deception but also a certain level of trickery and the acquisition of unlawful benefit. Selling a counterfeit product while claiming it is original may, in addition to fraud, give rise to an offence relating to trademark infringement because of the sale of fake and counterfeit products in Turkey.

The Turkish Court of Cassation does not treat deceptive conduct carried out in respect of a pre-existing debt as fraud, because in that case the debt did not arise from the deception. In its decision of the 11th Criminal Chamber, E. 2021/19782, K. 2022/14627, T. 19.09.2022, relying on the General Criminal Assembly decision dated 03.03.1998 and numbered 6/8-69, the Court held that the elements of fraud were not established for a cheque given because of a pre-existing debt and that the defendants should have been acquitted. For this reason, under Turkish law the non-payment of an existing debt, or the delivery of a worthless document for its payment, is as a rule a matter for civil remedies and debt enforcement rather than a criminal fraud complaint on its own.

3. What Is the Difference Between Fraud, Breach of Trust and Theft in Turkey?

The key criterion that distinguishes fraud from theft and breach of trust under Turkish law is that the victim hands over the property through their own act, as a result of a will impaired by deception. In theft, the property is taken without the possessor’s consent; in breach of trust, the property was already delivered to the perpetrator for a specific purpose without any deception. The differences between the three offences are shown in the table below:

What Are the Elements of the Fraud Crime in Turkey?

The crime of fraud in Turkey, regulated under Articles 157 and subsequent provisions of the Turkish Penal Code, is a type of offense committed against property. It materializes when the perpetrator, through fraudulent conduct, deceives the victim and thereby obtains an unfair benefit for themselves or another, to the detriment of the victim or a third party.

As a freely-acted crime, fraud in Turkey can be committed in various forms, but its realization always requires the presence of three fundamental elements: fraudulent behavior, susceptibility to deception, and damage. This legal structure ensures that not every misleading act qualifies as criminal fraud in Turkey—only those that involve a deliberate scheme, a deceived victim, and an unlawful gain. If one of the elements is missing, the fraud crime is not established under Turkish law.

1. Fraudulent Behavior (Act Element)

The defining feature of the fraud crime in Turkey is deception, which must go beyond a simple lie or omission. Fraudulent behavior involves acts that are planned, deceptive, and sufficiently intense to impair the victim’s free will. These actions must prevent the victim from exercising their ability to assess and analyze the situation.

• Deception Is the Key Element: Fraud is the key element that distinguishes the fraud crime in Turkey from other offenses against property. Merely making a false statement or concealing the truth is not sufficient.
• Intent to Deceive Is Required: The deception must serve as a tool for causing harm and must be carried out with a deliberate intent to deceive.
• Legal Consequences May Arise Together: For example, obtaining a power of attorney from someone through a scheme and then selling their immovable property to a third party can constitute both the fraud crime in Turkey and a civil claim for the annulment and re-registration of the property title based on abuse of power of attorney.

2. Susceptibility to Deception (Subjective Element)

Under Turkish criminal law, the fraudulent acts must be capable of deceiving the victim. This element is evaluated based on the specific circumstances of the case, including the victim’s social and cultural background and the context in which the act occurred. As confirmed by court rulings and academic opinion in Turkey, whether the fraud was actually deceptive should be determined in relation to the individual characteristics of the victim.

Therefore, the assessment of susceptibility to deception under Turkish law should not be purely objective, but must consider the specific situation of the victim. Simple lies that a person of average diligence could easily recognize are not considered fraudulent acts within the meaning of the law. What matters is whether the fraudulent act had the power to influence the victim’s free will.

3. Damage and Unjust Benefit (Material Result)

For the crime of criminal fraud in Turkey to be completed, there must be a measurable decrease in the victim’s or a third party’s assets (damage), and a corresponding unjust increase in the perpetrator’s or another person’s assets (benefit). There must be a direct causal link between this economic damage and the unjust benefit.

• The Damage Must Be Measurable: Damage must not be limited to a subjective sense of loss but must represent an objectively measurable economic harm.
• The Benefit Must Be Unjust: Similarly, the benefit must be an unlawfully acquired interest protected by law.
• Intent Is Required: The perpetrator must have acted with the intention of causing harm to the victim and gaining a benefit for themselves or another. Fraud cannot be committed by negligence under Turkish law.

Criminal fraud in Turkey is a significant offense aimed at protecting individual property and maintaining economic trust within society. Its realization depends on the presence of three core components: a fraudulent act, the act’s capacity to deceive the victim, and the resulting unjust benefit and economic harm. In the absence of these elements, the conduct does not constitute a criminal offense of fraud and should instead be evaluated under civil law provisions.

What Is Simple Fraud Under Turkish Law? (TPC Article 157)

The offense of simple fraud in Turkey, regulated under Article 157 of the Turkish Penal Code, is classified among crimes against property and occurs when the perpetrator deceives the victim through fraudulent behavior and, as a result of this deception, obtains an unjust benefit for themselves or another person to the detriment of the victim or a third party. The fundamental element of the offense is the unlawful gain achieved by manipulating the victim’s will through fraud.

In Turkey, the offense of simple fraud is an optional-conduct crime and can be committed in various forms. However, in every specific case, three essential elements must be present for the offense to be established:

1. Fraudulent behavior: Fraudulent behavior must be intense, planned, and skillful to the extent that it disables the victim’s decision-making mechanism. In this context, not every lie told to the victim constitutes fraud; it is required that the accompanying behaviors eliminate the victim’s ability to examine and question the situation.
2. Capacity to deceive: Fraudulent behavior must be capable of deceiving the victim. This element should be evaluated within the specific conditions of each case and by considering the personal characteristics of the victim. In Turkey, the legislator has not set a general standard on this matter, leaving the discretion to the judicial authorities.
3. Unjust benefit: To complete the offense, a loss must arise as a result of the fraudulent behaviors, and an unjust benefit must be obtained in favor of the perpetrator or a third party. The element of loss refers to a loss of economic value, while the element of benefit refers to the unlawful gain obtained by the perpetrator. There must be an appropriate causal link between the loss and the perpetrator’s act.

How Does Simple Fraud Differ from Aggravated Fraud in Turkey?

The fundamental criterion distinguishing the offense of simple fraud from aggravated fraud in Turkey is the means used by the perpetrator. If the perpetrator, without using elements such as religious sentiments, public institutions, the status of public officials, information systems, or banking/credit institutions, acts with fraudulent behavior solely based on personal capabilities, the act remains within the scope of simple fraud. Otherwise, the act will be evaluated as aggravated fraud under Article 158 of the Turkish Penal Code.

What Are Examples of Simple Fraud in Turkish Court Practice?

In light of the decisions of the Court of Cassation in Turkey, the following acts have been evaluated within the scope of simple fraud. These examples also demonstrate how broad the application of the offense can be:

• Concealing Marital Status: Receiving gifts by hiding the fact of being married.
• Mistaken Payment Pretext: Requesting money on the pretext of retrieving accidentally deposited funds.
• Abuse of Trust: Obtaining a phone or money by abusing someone’s trust.

According to Article 157 of the Turkish Penal Code, the sanction for the offense of simple fraud in Turkey is imprisonment from one to five years and a judicial fine up to five thousand days. In cases where the offense remains at the attempt stage, a reduction in the sentence may be applied by taking into account the degree of intent and the extent of execution.

What Is Aggravated Fraud Under Turkish Law? (TPC Article 158)

The offense of aggravated fraud in Turkey, regulated under Article 158 of the Turkish Penal Code, shares the basic elements of simple fraud but constitutes a more serious crime due to the use of specific tools or exploitation of certain circumstances by the offender to gain the victim’s trust or to facilitate the deception. In Turkey, this type of fraud occurs when the offender employs more elaborate and generally more effective methods to commit the fraudulent act. Aggravated fraud is also referred to as qualified fraud in some English translations of Turkish law.

In aggravated fraud, the perpetrator exploits the victim’s weaknesses, such as perception, trust, or vulnerability, thereby enhancing the impact of the fraudulent behavior. Thus, for the offense to be constituted under Turkish criminal law, not only must fraud and deception exist, but also certain qualified elements must be present, such as the use of specific instruments or the exploitation of the victim’s special condition.

Examples of these qualified circumstances under Turkish law include the exploitation of religious feelings, the victim’s difficult situation or reduced perception, the use or targeting of public institutions, exploitation of media platforms, use of information systems or financial institutions, fraud committed during commercial activities, abuse of trust associated with a profession, and unjustified collection of insurance payments.

These elements distinguish aggravated fraud from simple fraud and increase the social harm of the crime. Because the methods used in aggravated fraud are more severe and have a broader societal impact, the penalties are generally harsher. Each form of aggravated fraud involves specific conditions that must be evaluated separately in light of the particular facts of the case. The aggravating circumstances listed in Article 158(1) of the Turkish Penal Code and the minimum prison sentence for each are shown in the table below:

1. What Is the Difference Between Simple and Aggravated Fraud in Turkey?

The difference between simple and aggravated fraud in Turkey lies in the means used and the situation of the victim; this difference directly affects the minimum and maximum sentence, the availability of reconciliation and the competent court. The same deception is simple fraud when carried out face to face, but becomes aggravated fraud when the perpetrator poses as a police officer or uses a website. The main differences between the two offences are compared below:

2. TPC 158/1-a: What Is Fraud Committed by Exploiting Religious Beliefs in Turkey?

In Turkey, for fraud to be deemed committed by exploiting religion, religious beliefs or feelings must be used as a tool of deception. The perpetrator must obtain an unjust benefit by abusing religious values or the victims’ intentions to do good.

It does not matter which religion or sect is involved. Collecting unjustified donations under the guise of religious obligations like zakat or fitrah qualifies under this provision of Turkish law. The Supreme Court rulings emphasize that deception based on religious beliefs and feelings constitutes this crime.

3. TPC 158/1-b: What Is Fraud Exploiting a Person’s Difficult or Dangerous Situation in Turkey?

In this aggravated form of fraud under Turkish law, the dangerous or difficult conditions the victim is in are considered as an element that aggravates the crime. In situations such as natural disasters, accidents, or illness, the victim’s helplessness and vulnerability facilitate the perpetrator’s fraudulent behavior.

The Turkish Supreme Court examines whether the victim is in a difficult situation based on the circumstances of the case, using both objective and subjective criteria, and makes an assessment taking the concrete conditions into account. The perpetrator must know of the victim’s difficult situation and act with the intention of taking advantage of it.

4. TPC 158/1-c: What Is Fraud Exploiting a Person’s Weakened Perception in Turkey?

Under Turkish law, the victim’s weakened ability to perceive due to old age, mental illness, intoxication, mental disability, or similar reasons is considered an aggravated circumstance in the perpetrator’s obtaining of unlawful benefit. In such cases, committing fraud knowing the victim’s insufficient cognitive capacity is an element that increases the penalty for the crime. Supreme Court rulings clearly state that victims with impaired perception abilities must be especially protected.

5. TPC 158/1-d: What Is Fraud Involving the Use of Public Institutions in Turkey?

If the crime of fraud in Turkey is committed using the material assets of public institutions or organizations (such as official documents, printed papers, identification cards), this situation is considered an aggravated circumstance. This provision also covers the use of professional organizations with public institution status, political parties, associations, and foundations as tools.

Supreme Court precedents clearly state that when such tools are used for fraudulent purposes, Article 158/1-d of the Turkish Penal Code must be applied. What is decisive is not the mere mention of the institution’s name, but the use of its documents, title or image in a way that facilitates the deception.

6. TPC 158/1-e: What Is Fraud to the Detriment of Public Institutions in Turkey?

In this form of the crime in Turkey, direct harm is caused to public institutions and organizations. The act must be committed with the intent to damage the property of public institutions. Situations such as obtaining public resources one is not entitled to through deception, for example obtaining public aid or support with forged documents, fall within this scope. Merely failing to pay a debt owed to a public institution does not by itself fall under this sub-paragraph; a fraudulent act is required.

However, under Turkish law, if there is no public harm, this aggravated circumstance cannot be considered to have occurred. The minimum prison sentence under this sub-paragraph is four years.

7. TPC 158/1-f: What Is Fraud Committed Through Information Systems in Turkey?

When computers, the internet, social media, or similar information systems are used as tools in fraud, the perpetrator is held responsible for aggravated fraud in Turkey. The important point in this provision is not the information system itself, but its use as a tool to deceive people.

• Common Examples: Fake online advertisements, fake shopping and payment pages, and fake investment or cryptocurrency offers made through social media are the typical scope of this sub-paragraph.
• Scale of Harm: Acts committed through these systems can cause harm more quickly and more widely compared to classic fraud.
• Penalty: Supreme Court rulings evaluate frauds involving the use of information systems within the scope of Article 158 of the Turkish Penal Code. Under TPC 158/1-f, the minimum prison sentence is four years, and the judicial fine cannot be less than twice the benefit obtained from the crime.

8. TPC 158/1-f: What Is Fraud Committed Using Banks or Credit Institutions in Turkey?

When banks or credit institutions are used as tools in fraud in Turkey, this aggravated circumstance comes into effect. However, the important point here is the direct use of the bank or credit institution as a tool; mere use as a payment method is not considered within this scope.

If the perpetrator deceives a bank employee through fraud and commits fraud relying on the bank’s trust, the crime becomes aggravated in Turkish practice. Supreme Court rulings assess the role of the bank or credit institution in the case concretely when delivering their judgment.

Under Turkish law, the fact that a deceived victim personally sends money to the perpetrator’s bank account does not mean that the bank was used as an instrument of the offence. In its decision of the 11th Criminal Chamber, E. 2021/14325, K. 2022/14670, T. 20.09.2022, the Turkish Court of Cassation reversed a conviction under this sub-paragraph, holding that the bank could not be regarded as having been used as an instrument where the victim, directed by a caller posing as a police officer, transferred the money to the defendant’s account. The Court found that the act fell within TPC Article 158/1-l, added by Law No. 6763, but had to be assessed as simple fraud under TPC Article 157/1, which was more favourable on the date of the offence.

9. TPC 158/1-g: What Is Fraud Facilitated by the Use of Mass Media in Turkey?

In Turkey, the ability of the press and broadcasting organs to reach large audiences simultaneously facilitates the commission of fraud and deepens the deceptive nature of the act. According to Article 6 of the Turkish Penal Code, this scope includes only written, visual, auditory, and electronic mass communication tools; individual communication tools are excluded.

Therefore, this aggravated circumstance under Turkish law arises if the perpetrator deceives the victim by publishing false information through the press. It is not necessary for the perpetrator to personally use the mass communication tool in committing the crime; what matters is that this tool functions to facilitate the offense.

10. TPC 158/1-h: What Is Fraud Committed by Merchants or Corporate/Cooperative Managers in Turkey?

Under Turkish law, this aggravated circumstance applies only to fraud committed by managers of commercial companies or persons acting on behalf of these companies, as well as by cooperative managers. Under this sub-paragraph, the penalty is aggravated because the trust relationship in commercial life is abused.

• The Title Alone Is Not Enough: The mere fact that the perpetrator is a merchant or company manager is not sufficient; the fraudulent act must have been carried out within the scope of commercial activities.
• Who Is Excluded: For example, individuals operating sole proprietorships in Turkey are not included in this scope.
• Link to Cooperative Activities: A cooperative manager’s fraudulent act must be committed within the scope of the cooperative’s activities; for example, obtaining money collected from members as housing payments through deception falls under this sub-paragraph.

11. TPC 158/1-i: What Is Abuse of Professional Trust by Self-Employed Professionals in Turkey?

In Turkey, when self-employed professionals such as lawyers, doctors, or engineers commit fraud by abusing the trust and respect associated with their profession, the offense is considered aggravated fraud. Self-employment typically involves personal labor and expertise rather than commercial activity.

Therefore, fraudulent acts committed by professionals not operating under a commercial enterprise fall within the scope of this provision in Turkey. The deception must rely on the trust arising from the profession; fraud committed by a professional in a field unrelated to their profession does not fall under this sub-paragraph.

12. TPC 158/1-j: What Is Aggravated Fraud for the Purpose of Obtaining Credit in Turkey?

Under Turkish law, this offense occurs when an individual manipulates financial data or submits misleading documents to secure a loan from banks or credit institutions. Examples include applying for a loan using fake identification or altering financial statements to meet loan criteria. Such actions constitute aggravated fraud in Turkey.

The minimum prison sentence under this sub-paragraph is four years. If a forged document is used, the crime of forgery of official or private documents may also arise separately under Turkish criminal law.

13. TPC 158/1-k: What Is Aggravated Fraud to Collect Insurance Payments in Turkey?

In Turkey, submitting false documents or making fraudulent claims to unjustly receive payments from insurance companies is considered aggravated fraud under this provision. The offender may be the policyholder or any person attempting to profit unlawfully from the insurance policy.

However, preparatory acts that occur before the claim is made do not constitute a punishable offense in Turkey. The minimum prison sentence under this sub-paragraph is also four years.

14. TPC 158/1-l: What Is Fraud by Pretending to Be a Public Official, Bank, Insurance, or Credit Institution Employee in Turkey?

Frauds committed by the perpetrator by creating trust through falsely representing themselves as a public official or an employee of a financial institution are punished under this provision of Turkish law. This regulation was added to the law especially to combat common methods such as telephone fraud.

Even if the perpetrator does not actually hold these positions, using these titles as a means of deception reduces the likelihood that the victim will question them and makes the act more convincing. Because of this sub-paragraph, the penalty for telephone fraud committed by persons posing as police officers, prosecutors or bank employees in Turkey is four to ten years’ imprisonment and a judicial fine of not less than twice the benefit obtained.

15. TPC 158/2: What Is Fraud by Claiming to Have Ties with Public Officials in Turkey?

Under Turkish law, this provision applies when an individual falsely claims to have influence or connections with public officials and demands money or benefits to have a task completed. It is irrelevant whether the official exists or if the task can actually be done; the key element is the deception of the victim through such claims.

In this case, the perpetrator is punished with the penalty in the first paragraph under Article 158/2 of the Turkish Penal Code. For example, taking money by saying “I know the judge, I will solve your case” or “I will speed up your file through my contact at the land registry” falls within this scope.

What Is Fraud to Collect a Claim Based on a Legal Relationship in Turkey? (TPC Article 159)

In cases of fraud committed for the purpose of collecting a receivable based on a legal relationship in Turkey, prosecution depends on the victim’s complaint. For the crime to be established, there must be a valid legal relationship between the perpetrator and the victim that was established prior to the fraudulent act. Transactions made later through deceit alone do not create this relationship. A person with a genuine claim must collect it through debt enforcement proceedings or a lawsuit in Turkey instead of resorting to deception.

Upon the victim’s complaint, the perpetrator may be sentenced to imprisonment from 6 months to 1 year or to a judicial fine; the court may impose only one of these two penalties under Turkish law. According to Supreme Court rulings, in order to determine whether this crime has occurred, the receivable relationship and its grounds between the parties must be examined in detail, and an expert examination should be conducted if necessary.

What Is the Penalty for IBAN Rental (Letting Others Use Your Bank Account) in Turkey?

Under Turkish law, IBAN rental, that is, letting fraudsters use one’s bank account or account details for money or for any other reason, is not punished as a separate offence but as participation in the fraud for which the account is used.

If the account was used to collect a victim’s money in an online or telephone fraud in Turkey, the account holder is in practice usually prosecuted for participation in aggravated fraud under TPC 158/1-f; depending on their contribution, they are treated as a perpetrator, an accessory or under TPC Article 158/4. In practice, the account holder’s defence that “I only rented out my account and knew nothing about the fraud” does not remove liability where they knew or foresaw the purpose for which the account would be used.

1. Which Offences Is a Person Who Lets Others Use Their Bank Account Liable for in Turkey?

In Turkey, the liability of a person who lets others use their bank account is determined by the offence committed through the account. Account rental may lead to an investigation into more than one offence at the same time:

• Aggravated Fraud (TPC Article 158/1-f): If money taken from the victim is sent to the rented account, the account holder is held liable for participation in the fraud.
• Laundering of Proceeds of Crime (TPC Article 282): Transferring criminal proceeds through the account to conceal their source may separately constitute money laundering. Accounts with suspicious transactions may also become subject to a MASAK investigation and an account block in Turkey.
• Illegal Betting: If the account is used for illegal betting payments, separate liability arises under the special legislation on illegal betting.

The Turkish Court of Cassation accepts that an account holder who lets someone else use their bank account in return for payment cannot be acquitted of fraud. In its decision of the 11th Criminal Chamber, E. 2021/19521, K. 2025/3933, T. 07.04.2025, where a victim deceived by an online advertisement sent a deposit to the defendant’s account, the Court took into account that the defendant had consented to the use of the account by a person whose identity they could not give, in return for TRY 30, and held that fraud committed through the use of information systems, banks or credit institutions was proven, reversing the acquittal. For this reason, in Turkey the defence “I only rented out my account and knew nothing about the fraud” is generally not accepted in practice where the holder received a benefit and did not know the user.

2. What Is the Sentence Reduction Introduced by TPC 158/4 in Turkey?

The fourth paragraph added to Article 158 of the Turkish Penal Code by Law No. 7589, which entered into force on 31.07.2026, provides that the penalty is reduced by half where participation in fraud is limited to providing an account or payment instrument. The reduction applies to both simple fraud (TPC Article 157) and aggravated fraud (TPC Article 158). The conditions for the reduction are as follows:

1. Aim of Unjust Benefit: The perpetrator must have acted with the aim of obtaining an unjust benefit for themselves or another.
2. The Means Provided: The perpetrator must have given another person payment instruments such as bank or credit cards belonging to themselves or another, or the essential information or tools enabling the use of an account held with a bank, an intermediary institution, a payment service provider or a crypto-asset service provider.
3. Limited Contribution: The perpetrator’s contribution to the offence must be limited to providing this information or these tools; a person who talks to the victim, builds the deceptive scenario or withdraws and distributes the money cannot benefit from this reduction.

Transitional provisions were added to Law No. 7589 for cases decided before the amendment. They provide for the new reduction to be applied in cases pending before the appellate courts and, for convicts serving their sentences, for the effective repentance reduction to apply if the damage is fully compensated within a certain period; the provision applicable to a specific case must always be examined separately under Turkish law.

3. What Should I Do If Fraud Money Is Sent to My Account in Turkey?

In Turkey, a person who notices that money has arrived in their account from an unknown person should not transfer or withdraw it, and should immediately report the situation to their bank and to the Chief Public Prosecutor’s Office. Forwarding the money to a third person who calls claiming it was “sent by mistake” may turn the account holder into a link in the fraud chain. The steps to follow in this situation are as follows:

1. Notify the bank: The bank is informed in writing that the source of the incoming money is unknown and that the transaction should be examined.
2. Apply to the prosecutor: The situation is reported to the Chief Public Prosecutor’s Office together with the receipt and messages, so that good faith is put on record.
3. Return instruction: The money is returned only to the sending account through the bank; it is not sent to another account indicated by a third person.

How to File a Fraud Case in Turkey?

In the Turkish legal system, fraud is a criminal offense committed when a person deceives another through fraudulent acts, causing them or a third party to dispose of property. Upon the discovery of such an offense, a criminal investigation may be initiated. In the Turkish criminal justice system, victims do not personally file lawsuits for fraud; instead, a public lawsuit is conducted by the public prosecutor’s office.

The victim must file a complaint with the Public Prosecutor’s Office or law enforcement authorities by submitting a petition containing information about the offense. Following this complaint, the investigation process begins, and if sufficient evidence is found, the prosecutor initiates a public lawsuit. Below are the stages involved in filing a fraud case in Turkey.

1. Where to Report Fraud in Turkey?

In Turkey, fraud is reported by filing a complaint with the Chief Public Prosecutor’s Office or the nearest police or gendarmerie unit; the complaint may be made orally and recorded in minutes, or in writing by petition. Under Article 158 of the Code of Criminal Procedure, a complaint made to the governor’s office, the district governor’s office or a court is also forwarded to the relevant Chief Public Prosecutor’s Office; the complaint does not have to be filed with the prosecutor’s office where the incident took place. The authorities that can be contacted are shown below:

2. What Should a Fraud Complaint Petition Include in Turkey?

In Turkey, a fraud complaint petition sets out the events in chronological order, shows all known information about the suspect and the evidence, and ends with a request that the suspect be punished. A complete petition makes it easier for the investigation to start quickly and for the money to be traced. The main information the petition should contain is as follows:

• Party details: The complainant’s identity and contact details; the suspect’s name, telephone number, IBAN and social media account, if known.
• Account of events: How contact was made with the suspect, what promise or deception was made, and when and how the money was sent.
• Evidence: Bank receipts from Turkish or foreign banks, messages and screenshots, advertisement links, call records and any witnesses.
• Request: That an investigation be conducted and a public prosecution filed against the suspect, and that the suspect’s bank accounts be seized.

3. Does Fraud in Turkey Require a Complaint, and Is There a Time Limit for Filing One?

Criminal fraud in Turkey is classified as a property crime under the Turkish Penal Code (Law No. 5237) and does not require a formal complaint for prosecution. Therefore, once the public prosecutor becomes aware of the offense, an investigation must be initiated ex officio.

• No Complaint Period: Although criminal fraud in Turkey is not subject to a complaint period, the statute of limitations still applies. The limitation period is 8 years for simple fraud and 15 years for aggravated fraud. Accordingly, the offense must be reported to the Public Prosecutor’s Office within the relevant limitation period.
• Withdrawing the Complaint Does Not End the Case: Because the offence does not depend on a complaint, the victim’s withdrawal of the complaint does not end the investigation or the trial. Reconciliation between the parties in simple fraud is a different institution and is explained below.
• Exception: Fraud to collect a claim under TPC Article 159 requires a complaint; the complaint must be filed within six months of learning of the perpetrator and the act.

To ensure their legal rights are protected, it is essential for victims of criminal fraud in Turkey to promptly report the offense to the police or the Public Prosecutor’s Office. A late application may allow the money to be withdrawn from the fraudsters’ accounts and evidence to be lost.

4. Is Fraud in Turkey Subject to Reconciliation?

Simple fraud (Article 157 of the TPC) is subject to the reconciliation procedure. Under Article 253 of the Code of Criminal Procedure, where there is sufficient suspicion to file a public prosecution during the investigation, the file is sent to the reconciliation office; if it becomes clear after the case is filed that the offence is subject to reconciliation, reconciliation is carried out at the prosecution stage under Article 254 of the Code of Criminal Procedure. Since simple fraud is prosecuted on behalf of the public in Turkey, mediation does not apply—only reconciliation is applicable.

If an agreement is reached between the parties, the prosecution is dropped. If reconciliation fails, the criminal proceedings continue. However, aggravated fraud (Article 158 of the TPC) is not subject to reconciliation. In such cases, the investigation and prosecution proceed directly under fraud under Turkish law.

5. How Does the Investigation Phase Work in Fraud Cases in Turkey?

The investigation phase for fraud in Turkey begins either upon a complaint or ex officio by the prosecutor. During the investigation, evidence related to the incident is collected. Witnesses may be heard, security camera footage and bank transactions may be examined, and expert reports may be requested.

Once sufficient evidence is gathered, the public prosecutor prepares an indictment and submits it to the competent criminal court. This process reflects the standard approach to handling fraud under Turkish law. If sufficient suspicion is not established, the prosecutor issues a decision of non-prosecution; the victim may object to this decision before the criminal judgeship of peace within two weeks of its notification under Article 173 of the Code of Criminal Procedure.

6. How Does the Trial Phase Work in Fraud Cases in Turkey?

In Turkey, when the criminal court accepts the indictment, the fraud case officially begins. During the trial, both the victim and the defendant present their statements, witnesses may be heard, and all available evidence is submitted to the court. At the end of the trial, the Turkish public prosecutor presents their final opinion (known as the “mütalaa”).

The judge then evaluates all evidence and defenses and decides whether to acquit or convict the defendant. In the case of conviction, the Turkish court determines the sentence, which may include imprisonment, suspension of the sentence, a deferment of the verdict (HAGB), or conversion to a judicial fine, depending on the circumstances of the case. Joining the case as an intervening party is important for the victim’s ability to appeal the judgment.

7. How Long Does a Fraud Case Take in Turkey?

The duration of a fraud case in Turkey is not set by law and varies depending on whether the suspect has been identified, how long it takes to obtain bank and IT records, and the number of victims. In simple fraud, a successful reconciliation may close the file quickly, while in IT fraud with many victims the investigation stage alone may take a long time. The main factors affecting the duration are as follows:

• Identity of the suspect: Requests to banks and operators to identify IBAN and phone line holders.
• Expert examination: The need to examine the money flow and digital evidence.
• Size of the file: The number of victims and defendants, allegations of an organisation and the joining of files.
• Appeals: Review of the judgment by the regional court of appeal and the Court of Cassation.

Can Defrauded Money Be Recovered in Turkey?

In Turkey, defrauded money can be recovered through the seizure of the suspect’s accounts in the criminal investigation, the compensation of the damage through reconciliation or effective repentance, or a compensation lawsuit against the perpetrator. The chance of recovering the money is directly linked to how quickly the victim acts; an application made before the money is withdrawn from the fraudsters’ accounts and distributed increases the chance of seizure. The available routes are as follows:

1. Immediate notice to the bank: The victim’s bank is informed immediately that the transaction was made as a result of fraud; the bank may contact the receiving bank.
2. Request for seizure: The complaint petition requests the seizure of the suspect’s bank accounts. In both simple and aggravated fraud (TPC Articles 157 and 158), a seizure decision over bank accounts can only be issued by a judge under Article 128 of the Code of Criminal Procedure.
3. Suspension of the account: Under Article 128/A of the Code of Criminal Procedure, in fraud committed through information systems or banks (TPC Article 158/1-f) or by posing as a public official or bank employee (TPC Article 158/1-l), the account used in the crime may be suspended for up to forty-eight hours by the bank, payment service provider or crypto-asset service provider; during this period the benefit in the account may be seized by a judge’s decision or, where delay would be prejudicial, by the prosecutor’s written order. If the seized benefit is found to belong to the victim, it is returned to the victim during the investigation or prosecution in Turkey.
4. Reconciliation or effective repentance: In simple fraud, payment of the damage as the reconciliation obligation; in both types, the perpetrator may compensate the damage to benefit from the effective repentance reduction.
5. Compensation lawsuit: The victim may file a claim against the perpetrator for pecuniary damages under Article 49 of the Turkish Code of Obligations and, where their personality rights have been harmed, for non-pecuniary damages under Article 58 of the Turkish Code of Obligations; a conviction in the criminal case is strong evidence in this lawsuit. Under Article 72 of the Turkish Code of Obligations, the claim is generally time-barred two years after the victim learns of the damage and the perpetrator; however, where the act is a crime such as fraud for which criminal law provides a longer limitation period, that longer period applies.

Which Court Hears Fraud Cases in Turkey, and What Is the Statute of Limitations?

Since 25.12.2025, fraud cases in Turkey are heard by the Criminal Courts of First Instance without distinguishing between simple and aggravated fraud; the statute of limitations is 8 years for simple fraud and 15 years for aggravated fraud. Identifying the proper court is critical to the validity of legal proceedings.

1. Which Court Hears Fraud Cases in Turkey?

When determining the competent court under Turkish law, the classification of the offense is also taken into account. For simple fraud (TPC Article 157), the Criminal Court of First Instance is competent. Aggravated fraud (TPC Article 158) fell for many years under the jurisdiction of the High Criminal Court.

With the amendment made to Article 12 of Law No. 5235 by Law No. 7571, which entered into force on 25.12.2025, aggravated fraud was removed from the jurisdiction of the High Criminal Courts in Turkey and left to the Criminal Courts of First Instance. Cases filed before the High Criminal Courts before that date are considered to continue before those courts. Identifying the proper court is critical to the validity of legal proceedings.

2. Which Prosecutor’s Office and Court Have Territorial Jurisdiction over Fraud in Turkey?

In Turkey, under Article 12 of the Code of Criminal Procedure, the prosecutor’s office and court with territorial jurisdiction over fraud are, as a rule, those of the place where the offence was committed. In telephone and online fraud where the victim and the perpetrator are in different cities, the place of the offence is determined according to the circumstances of the case; the place where the victim sent the money and the place where the unjust benefit was obtained may be disputed in practice.

The victim does not have to determine the competent prosecutor’s office and may also file a complaint with the prosecutor’s office where they are located. The office receiving the complaint issues a decision of lack of jurisdiction and sends the file to the competent Chief Public Prosecutor’s Office in Turkey.

3. What Is the Statute of Limitations for Fraud in Turkey?

According to Article 66 of the Turkish Penal Code (TPC), the statute of limitations for fraud cases in Turkey varies depending on the nature of the offense. For simple fraud, the statute of limitations is 8 years, whereas for aggravated fraud, this period extends to 15 years.

The statute of limitations begins on the date the crime is committed. Once this period expires, no criminal lawsuit can be filed, and if a lawsuit has already been initiated, it cannot result in a conviction. However, exceptions that suspend or interrupt the statute of limitations are also regulated by Turkish law. Therefore, the statute of limitations must be assessed individually for each specific case, and consulting a legal professional is crucial.

What Is the Penalty for Fraud in Turkey?

The penalty for fraud in Turkey is imprisonment from one to five years for simple fraud and from three to ten years for aggravated fraud, together with a judicial fine of up to five thousand days. Under the Turkish Penal Code, fraud is defined as a person using deceitful conduct to mislead another and thereby obtaining benefit for themselves or a third party, to the detriment of the victim or another party. The law distinguishes between simple and aggravated forms of fraud, each carrying different penalties.

Fraud penalties in Turkey vary depending on the nature and severity of the offense. Simple fraud typically results in lighter sentences, while aggravated fraud, which involves aggravating factors such as abuse of trust or use of official position, leads to more severe punishments. Fraud holds significant importance in the legal system for its punitive and deterrent purposes. If fraud is committed in conjunction with other crimes, such as insult or blackmail, these offenses are also punished separately under the law.

1. What Is the Penalty for Simple Fraud Under Turkish Law? (TPC Article 157)

According to Article 157 of the TPC, the penalty for simple fraud in Turkey is imprisonment from one to five years, and an additional judicial fine up to 5,000 days. Both penalties are imposed concurrently; the judge does not choose between them—the offender receives both prison and a judicial fine.

Under Turkish law, the number of days of the judicial fine is determined under Article 61 of the Turkish Penal Code taking into account criteria such as the manner in which the offence was committed and the gravity of the damage, while the amount per day is set between one hundred and five hundred Turkish lira under Article 52/2 according to the offender’s economic and other personal circumstances. The judicial fine is paid to the State Treasury, not to the victim. The victim’s loss is therefore compensated separately through effective repentance, reconciliation or a compensation lawsuit.

2. What Is the Penalty for Aggravated Fraud Under Turkish Law? (TPC Article 158)

Under Turkish law, aggravated fraud occurs when the perpetrator commits the fraud using certain means or against specific persons, leading to more severe consequences. The penalty for aggravated fraud in Turkey varies according to the date of the offence and the type of aggravating circumstance:

• Basic Penalty: For acts committed before 2 December 2016, the penalty was imprisonment from two to seven years. However, following the legal amendment on that date, Article 158 of the Turkish Penal Code was revised by Law No. 6763, increasing the penalty for aggravated fraud in Turkey to imprisonment from three to ten years and a judicial fine of up to five thousand days.
• Circumstances with a Four-Year Minimum: Moreover, when specifically stipulated aggravating factors exist under the law, the minimum penalty is raised further. For example, if the crime is committed to the detriment of public institutions, or by using trust-based institutions such as information systems or banks, the minimum imprisonment term is four years, and the judicial fine must be at least twice the amount of the benefit obtained from the crime. These regulations impose aggravated sanctions aimed at preventing systematic and professional commission of fraud.
• Calculation of the Judicial Fine: As stated in the Court of Cassation Criminal General Assembly’s decision of 12.02.2013, E. 2012/1364, K. 2013/51, the judicial fine imposed in aggravated fraud cases must first be determined as a number of days, and if necessary, be subject to discretionary reduction under Article 52 of the Turkish Penal Code. However, if the resulting amount is less than twice the benefit obtained from the crime, this amount must be mandatorily increased. Thus, the legislator aims both to deter the crime and to ensure legal certainty.

Within this framework, fraud offenses are of particular importance within the scope of criminal law protection, as they directly target the economic assets of the victims and may result in severe consequences. The Turkish legislator has established an effective sanction regime in accordance with the principles of proportionality and justice, by varying the penalty amounts based on the method of commission, the means used, and the victim’s status.

3. TPC 158/3: What Are the Aggravating Circumstances That Increase the Penalty for Fraud in Turkey?

Since 2 December 2016, when Law No. 6763 entered into force, penalties for fraud offenses committed in Turkey are increased if certain aggravating conditions are present. Under Article 158/3 of the Turkish Penal Code, these increases apply to both simple fraud (TPC Article 157) and aggravated fraud (TPC Article 158); the penalty is increased by half if the offence is committed jointly by three or more persons and doubled if it is committed within the framework of the activities of an organisation formed to commit crimes.

a- Commission of the Fraud Crime in Turkey by Three or More Persons

If the fraud crime in Turkey is committed jointly by at least three people, the penalty is increased by half. In this case, the penalty ranges are as follows:

• For simple fraud, the penalty is imprisonment from 1.5 years to 7.5 years, and a judicial fine of up to 7500 days.
• For aggravated fraud, the penalty is imprisonment from 4.5 years to 15 years, and a judicial fine of up to 7500 days.
• Sub-paragraphs with a four-year minimum: Where the offence involves causing damage to public institutions, using information systems, banks, or credit institutions as instruments, obtaining unjust credit or insurance payments, or impersonating a public official or an employee of a bank/insurance company, the minimum penalty is at least 6 years of imprisonment.

b- Commission of the Fraud Crime in Turkey as Part of Organized Crime Activity

Under Turkish law, if the fraud is committed within the framework of an organization established for the purpose of committing crimes, the penalty is doubled. In this case, the penalty ranges are as follows:

• For simple fraud, the penalty is imprisonment from 2 years to 10 years, and a judicial fine of up to 10,000 days.
• For aggravated fraud, the penalty is imprisonment from 6 years to 20 years, and a judicial fine of up to 10,000 days.
• Sub-paragraphs with a four-year minimum: If the aggravating circumstances listed above are combined with organized crime activity, the minimum penalty increases to at least 8 years.

With these regulations, factors such as the number of participants and organized criminal structure are considered serious aggravating circumstances directly affecting the sanction for fraud offenses in Turkey. Where the offence is committed within the activities of an organisation, a separate penalty is also imposed for establishing or being a member of a criminal organisation (TPC Article 220).

4. How Is Effective Repentance (Penalty Reduction) Applied in Fraud Crimes in Turkey?

Under the Turkish Penal Code, effective repentance applies when the offender shows remorse and compensates the victim’s loss. Fraud is among the property crimes where effective repentance can be applied in Turkey. Under Article 168 of the Turkish Penal Code, the reduction rate varies according to the stage at which the damage is compensated:

• If the offender compensates the damage during the investigation phase (before prosecution), the penalty may be reduced by up to two-thirds (2/3).
• If the offender compensates the damage during the prosecution phase (after the lawsuit has started but before judgment), the penalty may be reduced by up to one-half (1/2).

Compensation means returning the property subject to the crime or paying its value. The damage must be compensated in full; in the case of partial return or partial compensation, the application of effective repentance depends on the victim’s consent. The provisions for effective repentance under Turkish law apply not only to the principal offender but also to those who instigate or assist in the crime.

5. Are Postponement of the Penalty, Conversion to a Judicial Fine and Deferred Judgment (HAGB) Possible in Fraud Crimes in Turkey?

Sanctions imposed for the fraud crime in Turkey can be adapted through various criminal procedure mechanisms in line with the principle of individualization in the criminal justice system. Within this framework, applications such as suspension of the sentence, conversion to a judicial fine, and postponement of the announcement of the verdict may come into play:

• Conversion to a Judicial Fine: A judicial fine is a type of sanction that can be imposed instead of or alongside imprisonment. Particularly in cases of simple fraud, the court may convert imprisonment into a judicial fine if certain legal conditions are met. Under Article 50 of the Turkish Penal Code, conversion is, as a rule, possible for prison sentences of one year or less.
• HAGB: Postponement of the Announcement of the Verdict (HAGB) is a criminal procedure institution whereby the conviction given against the defendant is deferred from being announced for a specified supervision period, and if the defendant complies with obligations during this period, the verdict is annulled. This measure can be legally applied to both simple and aggravated fraud offenses. However, under Article 231 of the Code of Criminal Procedure, the sentence imposed must be two years or less and the damage caused by the offence must be fully compensated.
• Suspension of the Sentence: Suspension of the sentence is an individualization mechanism through which the enforcement of an imprisonment sentence given by the court is postponed under certain conditions. If the convicted person behaves well during the supervision period within social life, the sentence is considered served. Suspension of sentences imposed for fraud offenses is also possible when the relevant conditions are met; under Article 51 of the Turkish Penal Code, only prison sentences of two years or less can be suspended.

Because the minimum sentence for aggravated fraud in Turkey is three or four years, HAGB and suspension only come into play if reductions such as attempt, effective repentance or TPC 158/4 bring the final sentence below two years. These mechanisms aim to apply the punishment in a more constructive and socially integrative manner by considering the perpetrator’s personal characteristics, the nature of the crime, and their behavior during the trial process.

6. Is Pre-Trial Detention Possible for Fraud in Turkey?

Under Turkish law, pre-trial detention is not mandatory for fraud; it is possible only by decision of a criminal judgeship of peace where there is strong suspicion of a crime and a ground for detention such as risk of flight or tampering with evidence, as provided in Article 100 of the Code of Criminal Procedure. Fraud is not among the catalogue offences for which a ground for detention is presumed by law. Instead of detention, judicial control measures such as a travel ban or regular reporting to a police station may be applied under Article 109 of the Code of Criminal Procedure.

In practice, detention orders are more common in IT and telephone fraud involving many victims and suspected organised activity. An objection may be filed against a detention decision before the Turkish courts.

7. How Much of a Fraud Sentence Is Served in Prison in Turkey?

In Turkey, a person sentenced to imprisonment for fraud is, as a rule, released on probation after serving half of the sentence in good conduct, under Article 107 of Law No. 5275 on the Execution of Penalties and Security Measures. If the offence was committed within the activities of an organisation, two thirds of the sentence must be served for conditional release (Law No. 5275, Article 107/4). A well-behaved convict in an open prison in Turkey with one year or less remaining until conditional release may, on request, serve that part under supervised release (probation) (Law No. 5275, Article 105/A); since these periods change frequently in the execution legislation, the specific calculation must be made according to the rules in force at the date of the judgment.