Fraudulent acts committed on the Internet have increased greatly in recent years. Fake SMS links (smishing), e-mail traps (phishing), fake profile scams via Instagram or WhatsApp, fake investment/crypto sites and "your relative is in the hospital" style social engineering techniques are the most common types.
In this article, the legal remedies that can be followed when you are a victim are discussed within the framework of general legislation. The result is file specific; No definitive promises can be made regarding repayment or penal consequences.
Legal Characterization — TCK Article 158 Qualified Fraud
Internet fraud is generally considered within the scope of TCK article 158/1-f. This paragraph; It regulates fraud committed "by using information systems, banks or credit institutions as a tool". The penalty range stipulated in the legislation is imprisonment from 3 to 10 years and a judicial fine of up to 5,000 days.
TCK article 158/1-l provision; It regulates fraud committed by "a person introducing himself as a public official or an employee of a bank, insurance or credit institution, or saying that he is associated with these institutions and organizations" and creates a different qualified situation.
Common Types of Scams
1) Phishing — Fake Bank SMS/Emails
The user is directed to a fake site with messages containing links such as "Your account has been stolen, click now". Here, bank password, OTP code, card information are collected and your account is emptied.
2) Fake Social Media Profiles
The Instagram/WhatsApp account of someone you know (relative, friend, colleague) is spoofed or hacked. Money is requested with messages such as "I need an urgent loan, send".
3) Fake Investment / Crypto Trap
Fake sites opened with promises of "5% daily return" and "guaranteed profit"; Initially, small amounts are paid back (trust building), then when large amounts are deposited, the site is closed or the ability to withdraw money is blocked.
4) Fake Job Posting / Courier Scam
Applicants with announcements such as "Work from home" or "We are looking for a courier job" are asked for bank information, ID or guarantee money.
5) Telephone Fraud ("I am a police officer, a prosecutor, I am calling from MASAK")
The victim is told that he is "being investigated on suspicion of fraud" and the money in the account is asked to be transferred to a "secure account". The transferred money is quickly taken abroad.
Steps to Take When You Become a Victim
1) Calling the Bank (The First Few Hours Are Critical)
Call the bank as soon as you notice any unauthorized transactions:
- Get your account temporarily blocked
- Open an objection to an unauthorized transaction (initiate a chargeback)
- Note the time and minute of the call recording and the name of the bank representative
- If the IBAN information you sent the transaction to can be determined, the recipient bank will also be notified
2) Criminal Complaint to the Law Enforcement or Chief Public Prosecutor's Office
The criminal complaint should be made as soon as possible. In your petition:
- Details about the date, time and how the incident occurred
- Screenshots of fake SMS/email/messages you have received
- The amount you transferred and the counterpart IBAN/account information
- Bank transaction receipt
- Suspicious information such as phone number, social media account, website
- Identity information if there is a witness
A copy of the petition referred to the attorney general's office must be obtained.
3) BTK and Fake Site Complaint
If a fake website has been used, a request can be made to block access to BTK Internet Information Reporting Center (ihbarweb.org.tr) and the criminal judgeship of peace within the scope of Internet Law No. 5651 Article 8.
4) Interim Injunction / Injunction on Account
HMK art.389 et seq. Within the scope of this, precautionary measures may be requested on the account into which the fraudulent amount was deposited. This may prevent money from being withdrawn from the account. It is an urgent measure; It is possible to make a decision on the same day or the next day.
5) Compensation Case
If the perpetrator(s) are identified, a tort compensation lawsuit may be filed within the scope of TCO Article 49. For detailed information, you can refer to our article Tort Compensation (TBK art. 49). Non-pecuniary damages may also be claimed within the scope of Article 56 of the Turkish Code of Obligations.
Bank Liability
Within the framework of Article 12 of the Debit Cards and Credit Cards Law No. 5464 and general banking legislation, legal action can be taken against the bank in cases such as the bank's failure to take the necessary security measures, suspicious transaction alarms not working, 3D Secure disabled transactions. The 11th Civil Chamber of the Supreme Court of Appeals creates consistent jurisprudence on this issue.
For the bank's liability to be accepted, it must be shown that "the consumer took reasonable precautions" but "the bank violated its duty of care". This is a very technical area and requires file-specific evaluation.
Files with Foreign Size
In most internet scams, money is transferred to accounts abroad or converted into crypto assets. In this case:
- Interpol/Europol notification can be made through the prosecutor's office
- Crypto exchanges may share information with judicial assistance for KYC data
- The overseas enforcement procedure may take a long time; Possibility of recovery is limited
For this reason, it is not possible to guarantee recovery for files with international dimensions; Rights can only be sought by exhausting legal means.
Repayment Process and Expectations
Recovery of money defrauded in internet fraud; It depends on the speed of detection, whether the money is still in the same account, timely MASAK/injunction decisions, and the detectability of the perpetrator. It would be correct to say this with an honest approach: recovery may not be possible in every file. Therefore:
- Be careful of promises such as "We will get the money back with a guarantee"
- Get a realistic assessment based on available evidence
- Do not neglect non-pecuniary damages and side remedies in parallel with the legal process
Cases with Unknown Suspect Profile
Most of the time it is not known who the fraudster is; The complaint is made about "the person(s) whose identity will be determined later." During the investigation, attempts are made to reach the perpetrators through information such as IP, phone line owner, account owner. The process may take months.
Preventive Recommendations
Conclusion
When you become a victim of internet fraud; Rapid notification to the bank, criminal complaint, precautionary measures and, if necessary, investigation of bank liability should be carried out in parallel. Due to the technical and complex nature of the process, it is recommended to obtain expert legal support from the beginning of the victimization process. The result is file specific; No promises of definitive repayment or penal consequences are made.