Fraud Offenses

Fraud is defined as deceiving a person through deceptive conduct so that the victim or another person suffers a loss while the perpetrator or a third party gains a benefit. It appears in a very wide range of situations, from phone calls in which someone poses as a public official to demand money, to fake online sales, misleading commitments in commercial relationships, and investment promises. Whether acting for the victim or the suspect, a fraud lawyer first focuses on correctly determining whether the incident is truly a crime or merely a legal dispute.

On this page, we explain the difference between simple and aggravated fraud, the elements of the offense, the complaint and investigation process, and the options of settlement and effective remorse.

Elements of the Offense: Deception, Being Misled, and Benefit

Under Article 157 of the Turkish Penal Code (TCK), several elements must be present together for an act to qualify as fraud:

• Deceptive conduct: Beyond a simple lie, there must be deception of a kind that removes or makes it harder for the other party to verify the facts.
• Being misled: The victim must fall into error as a result of the deception and act on that mistaken belief.
• Loss and benefit: The victim's or a third party's assets must suffer a loss, and the perpetrator or another person must obtain a benefit.
• Intent: The perpetrator must have acted from the outset with the aim of deceiving and gaining an unjust benefit.

Under TCK Article 157, the penalty for simple fraud is imprisonment from one to five years and a judicial fine of up to five thousand days.

Aggravated Fraud (TCK Art. 158)

When the offense is committed by certain methods or against certain persons and institutions, the penalty increases significantly. For the aggravated cases listed in TCK Article 158, the penalty is imprisonment from three to ten years and a judicial fine of up to five thousand days. The aggravated cases most commonly encountered in practice are as follows:

• Exploiting religious beliefs and feelings
• Taking advantage of a person's dangerous situation or difficult circumstances
• Using public institutions and organizations as a tool
• Using information systems, banks, or credit institutions as a tool
• Taking advantage of the convenience provided by press and broadcast media
• Posing as a public official or as an employee of a bank, insurance company, or credit institution

The law also provides that in certain cases, such as the use of information systems or banks and credit institutions as a tool, the lower limit of the prison sentence cannot be less than four years, and the judicial fine cannot be less than twice the benefit obtained from the offense. If the offense is committed jointly by three or more people, the penalty is increased by half; if it is committed within the scope of an organization's activities, the penalty is doubled (TCK Art. 158/3). Under TCK Article 158/4, added in 2026, the penalty of a person whose involvement is limited to giving others information or instruments that enable the use of their own bank account or payment instruments such as cards is reduced by half. In terms of jurisdiction, an amendment made in 2025 removed aggravated fraud cases from the list of matters handled by the High Criminal Court; these cases are now heard by the Criminal Court of First Instance. Because online fraud is often intertwined with cybercrime, our cybercrimes page may also be helpful on this subject.

Fraud or Legal Dispute?

Not everyone who fails to pay a debt, perform a contractual obligation, or whose business goes badly is a fraudster. In Court of Cassation practice, if there was no deceptive conduct at the outset and a genuine contractual relationship was established between the parties, the dispute is considered to belong before a civil court. This distinction is critical for both sides:

• For the victim, filing a criminal complaint over a dispute that is purely a matter of receivables may prolong the process; the right path is often a debt collection lawsuit or enforcement proceedings.
• For the suspect, if a commercial disagreement is presented as a crime, demonstrating this distinction with evidence forms the foundation of the defense.

Complaint and Investigation Process

1. Gathering evidence: Bank receipts, correspondence, call records, screenshots of advertisements, and witness information, if any, should be assembled.
2. Criminal complaint: A petition is submitted to the Public Prosecutor's Office or to law enforcement. The accounts to which the money was sent and the phone numbers used should be reported in as much detail as possible.
3. Investigation: The prosecutor's office requests bank records, subscriber information, and other data, and takes the suspects' statements.
4. Decision: If sufficient suspicion arises, an indictment is prepared; otherwise, a decision of non-prosecution is issued.

The victim has the right to object to a decision of non-prosecution. For the time limits and procedure, you can read our article on objecting to a decision of non-prosecution.

Settlement and Effective Remorse

Simple fraud falls within the scope of settlement under Article 253 of the Criminal Procedure Code (CMK). In this case, the parties are brought together through a mediator; if settlement is reached through performance of the agreed obligation, a decision of non-prosecution is issued. Aggravated fraud, however, is not within the scope of settlement.

In addition, the effective remorse provision in TCK Article 168 encourages compensation for the harm. If the perpetrator shows remorse and fully compensates the victim's loss, by returning the property in kind or by paying compensation, before the prosecution begins, the penalty may be reduced by up to two-thirds; if compensation occurs after the prosecution begins but before the verdict, it may be reduced by up to one-half. Partial payment results in effective remorse only if the victim consents.

Victim's Rights: Joining the Case and Compensation for Loss

After a public prosecution is filed, a fraud victim may join the case as an intervening party until a verdict is rendered by the court of first instance. The intervening party can make statements at hearings, submit evidence, request that witnesses be heard, and appeal the verdict through legal remedies. Criminal proceedings do not directly return the victim's money; to recover the loss suffered, it may be necessary to file a separate compensation or debt claim before a civil court or to pursue enforcement proceedings. These two processes complement each other, and evidence collected in the criminal file can also be used in the civil case. Investigating the suspect's assets at an early stage is also important for future collection.

The Lawyer's Role and Our Firm's Support

As counsel for the victim, we ensure that the complaint is filed under the correct legal classification of the offense, that evidence is gathered before it is lost, and that the request to join the case is pursued; if necessary, civil proceedings are also initiated to recover the loss. As defense counsel for a suspect or defendant, we seek to demonstrate with evidence that the element of deception is absent, that the incident is in the nature of a legal dispute, or that the aggravated form of the offense has not occurred. Every case is unique; it is not possible to predict the outcome without concretely examining the course of events and the evidence.