The crime of debit or credit card misuse is the seizure and use of someone else's debit or credit card without the owner's consent, or the use of their information for the purpose of producing/transacting a fake card. The regulation is in TCK art.245.
Three Forms of Crime (TCK Article 245)
1) Using Someone Else's Card (TCK Article 245/1)
Anyone who seizes or possesses a debit or credit card belonging to someone else by any means, or anyone who uses it or causes it to be used without the consent of the card owner or the person to whom the card should be given, is punished. According to the legislation, the penalty range is 3 to 6 years of imprisonment and up to 5,000 days of judicial fine
.2) Producing Fake Cards or Transacting with Fake Card Information (TCK Article 245/2)
A penalty is imposed on "anyone who produces, sells, transfers, purchases or accepts fake debit or credit cards by associating them with bank accounts belonging to others". According to the legislation, the penalty range is 3 to 7 years of imprisonment and up to 10,000 days of judicial fine
.3) Gaining Benefits with a Fake Card (TCK Article 245/3)
A penalty is foreseen for "a person who benefits himself or herself or someone else by using a counterfeit or forged bank or credit card"; According to the legislation, the punishment ranges from 4 to 8 years of imprisonment and up to 5,000 days of judicial fine.
Close Relative/Kinship Exemption (TCK art.245/4)
If the situation within the scope of TCK Article 245/1 is committed between a spouse, lineal or descendant, or siblings, no penalty will be imposed (Reference to TCK Article 167). However, this exception is only valid for art.245/1; It does not apply to art.245/2 and art.245/3 (fake card production/use).
Frequently Encountered Scenarios in Practice
- Using the stolen or lost card for shopping by the person who finds it
- Obtain card information by opening the card envelope delivered to your home by someone else
- Copying card information from ATMs with skimming devices and producing fake cards
- Obtaining card information via phishing (via fake e-mail/SMS)
- Card information/code sharing as a result of social engineering scams such as "Your mother is in the hospital, send money to IBAN"
- Sale/use of card numbers stolen from online shopping sites on the dark web
- Unauthorized card use by a family member (except close relatives)
- Your business partner, ex-lover or roommate can save your card information and use it later
What the Victim Should Do
1) Immediate Notification to the Bank
As soon as you see the transaction, call the bank and ask for the card to be blocked. In accordance with the Bank Cards and Credit Cards Law No. 5464, the card holder may have limited liability (limit determined by law) for transactions made before notification; It is not responsible for the actions taken after the notification.
2) Criminal Complaint
A written or verbal criminal complaint is made to the Chief Public Prosecutor's Office or the law enforcement. Documents such as bank statements, transaction confirmation messages (SMS), requests for camera images, invoices and receipts are presented as evidence.
3) Bank Chargeback (Transaction Objection)
For unauthorized transactions, a chargeback request can be made through the bank. Within the framework of the rules of Visa, Mastercard and other card schemes, the bank requests the amount back from the merchant. This process runs parallel to the judicial process.
4) Compensation Case
In cases where material damage cannot be taken back, a tort compensation lawsuit may be filed against the perpetrator/those responsible within the scope of Article 49 of the Turkish Code of Obligations. For detailed information, you can refer to our article Tort Compensation (TBK art. 49).
If you are a defendant
Main points to be considered in the defense of people who become suspects/defendants of these crimes:
- The claim that card use is "consensual" must be supported by written/electronic evidence.
- The accuracy of technical evidence such as IP, MAC address, device fingerprint in forensic reports may be questioned.
- The "close relative exception" applies only to art.245/1; This issue may be decisive in the legal qualification of the file.
- When and where the card was actually used and where the defendant was at that time (alibi) must be carefully investigated.
Court in Charge
- TCK article 245/1 (simple case, upper limit 6 years) → Criminal Court of First Instance
- TCK Article 245/2 and Article 245/3 (upper limit 7-8 years) → High Criminal Court
- Competent court: the court of the place where the crime was committed or the place where the benefit was provided (CMK article 12)
Timeout
- Art.245/1: 8 years statute of limitations for lawsuits (TCK Art.66/1-e)
- Art.245/2 and Art.245/3: 15-year statute of limitations for lawsuits (TCK Art.66/1-d)
Liability of Banks
In accordance with Article 12 of the Debit Cards and Credit Cards Law No. 5464, bank liability may arise if the bank does not take the necessary security measures or continues to carry out transactions after the card holder is notified of unauthorized use. Additional legal remedies may be considered against the bank for damages arising from the bank's security vulnerabilities (e.g. 3D Secure disabled, suspicious transaction alarms not working).