Fraud Crime: Penalties and Aggravated Circumstances

Fraud (Dolandırıcılık) is one of the most intellectually complex crimes in the Penal Code. TCK Article 157 defines it as: “Deceiving a person through fraudulent behavior and causing damage to the victim (or another) to benefit oneself or another.” It is distinct from “Theft” because the victim voluntarily gives the money, but their will is corrupted by a lie.

1. Simple Fraud (TCK 157)

The basic form.

• Penalty: 1 to 5 years prison and judicial fine.
• Eligible for Conciliation (Uzlaşma): Yes. If you pay the victim back, the case can be dropped without trial.

2. Qualified Fraud (Nitelikli Dolandırıcılık - TCK 158)

If the fraud involves specific aggravating methods or vulnerabilities, it becomes “Qualified.” This is NOT eligible for conciliation.

• Penalty: 3 to 10 years prison and heavy judicial fine (up to 5000 days).
• Minimum Threshold: For some types, the minimum penalty is 4 years.

Selected Types of Qualified Fraud:

• Religious Abuse: “I am a holy man, give me money to break the curse.”
• Technological Abuse: Using information systems, banks, or credit institutions (Internet Banking Phishing).
• Public Official Impersonation: The classic “Telephone Scam” - “I am Chief Inspector X, your account is used by terrorists, send all money to this safe account.”
• Insurance Fraud: Staging an accident to collect insurance money.

The Core Element: “Deception” (Hile)

For fraud to legally exist, the lie must be “Qualified Lie” (Nitelikli Yalan). It must be capable of deceiving a reasonable person and eliminating their ability to check.

• Simple Lie: If I sell you a gold ring saying “It’s 24K” but it has a “14K” stamp explicitly on it that you just didn’t read, courts might say “This is not fraud; you were negligent.”
• Fraud: If I forged the stamp to say “24K,” that is fraud.

Defense: Fraud vs Civil Dispute

This is the most common defense. The Attorney argues: “My client didn’t scam them; he just failed to pay his debt due to bankruptcy.”

• Breach of Contract: Not paying a debt is a civil matter (Enforcement Office).
• Fraud: Taking the debt with the initial intention of never paying it. Proving “Initial Intent” is difficult for prosecutors. If the suspect made some partial payments, it usually indicates it’s a civil dispute, not fraud.

Effective Remorse (Etkin Pişmanlık) - TCK 168

If the perpetrator regrets and pays back the victim’s loss:

• Before Prosecution: Penalty reduced by 2/3.
• During Trial (Before Verdict): Penalty reduced by 1/2.

Conclusion

Fraud charges carry a heavy stigma and long prison sentences. The defense strategy typically focuses on re-classifying the act as a “civil commercial dispute” (Hukuki İhtilaf) rather than a crime, or negotiating restitution under Effective Remorse provisions.

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