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Aggravated Fraud (TCK Article 158): 3-10 Years Imprisonment

27 Şubat 2026 Criminal law 3 dk okuma 11 görüntülenme Son güncelleme: 8 Mayıs 2026

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

  • Call the bank immediately and request to stop the transfer.
  • Save transaction logs, SMS, screenshots.
  • Complaint to the police station/prosecutor's office.
  • Report the account information from which you received payment (IBAN may be frozen).
  • Enforcement/lawsuit for refund.
  • Reserve the right to moral compensation.
  • 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.

    Telif bildirimi This content and all related Q&A texts are protected under Turkish Copyright Law No. 5846. Unauthorized copying, reproduction, publication, adaptation, bulk extraction, or commercial use is prohibited; legal and criminal remedies are reserved in case of infringement.

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