TCK art.158/1-f is the most common cyber crime; fake stock market, phishing, card fraud, fake e-commerce. Punishment 3-10 years + judicial money + compensation.
Elements of the crime
- Deception by deception.
- Intending to gain or cause harm.
- Use of information system as a tool (158/1-f qualified case).
Penalties
- Basic Article 158: 3-10 years + judicial fine up to 5,000 days.
- (1-f) Information system: 3-10 years.
- (1-c) Public institution: 3-10 years.
- Number of victims / amount — aggravation.
Common scenarios
- Fake stock market: Taking money for investment and running away; The number of victims is high.
- Phishing: Banking password trap.
- Card fraud: Shopping with card information.
- Fake e-commerce: Platform that does not send products.
- Romance scam: Tinder/Telegram dating
Defense strategies
- Absence of intent (commercial bad conduct).
- Absence of deception (disclosure of risks).
- Negligence of the victim (lack of KYC).
- Non-qualification via IT (verbal contact).
Victim strategy
- First 24 hours: bank chargeback + prosecutor's office complaint.
- First week: MASAK notification + digital forensics.
- First month: recognition case + down payment + settlement.
- Collection: perpetrator assets + insurance + 5651 access ban.
Frequently asked questions
I lost money in the fake stock exchange, what legal remedy?
(a) Public Prosecutor's Office complaint TCK 158/1-f, (b) MASAK notification, (c) bank chargeback, (d) on-chain forensics, (e) recognition + compensation case. Duration: 6-24 months.
What defense should I have if I am a lawyer as the defendant?
Detailed file review: is there an element of informatics? Has intent been proven with documentation? To what extent is victim negligence? Is CMK 134 digital evidence in accordance with the procedure? Deficiencies in forensic report.
What should be done for the lower limit of penalty?
Remorse + partial repayment + good behavior + clean record + settlement — lower limit with individual case conditioning + chance of postponement.
How to catch the perpetrator who escaped abroad?
Interpol red notice + European Extradition Convention + Regional extradition agreements (Turkish-German etc.). Duration 6-36 months; His chances of success depend on the country he flees to.
Number of victims 50+; Is collective complaint possible?
Yes, the prosecutor's office combines them under the same file. Data collection via victim registration form (web) + joint advocacy is recommended. Collective lawsuit (HMK article 59) side road.
Relevant legislation
- TCK art.243-245 — Basic articles of cyber crimes.
- TCK art.158/1-f — Qualified fraud (information tool).
- CMK article 134 — Search for digital evidence.
- 5651 SK — Access blocking and content removal.
- Budapest Cybercrime Convention — Türkiye is a party; international cooperation.