According to the definition in the dictionary fraud is identified as “intentional perversion of truth to induce another to part with something of value or to surrender a legal right or ‘an act of deceiving or misrepresenting’. In general, fraud is defined as deceiving someone by using a false or misleading act or statement, or by concealing the truth, to obtain an unjust benefit for oneself or someone else and causing damage to the victim. Fraud or fraudulent activities can be committed by anyone, regardless of their profession, status, or relationship with the victim. Fraud can also be committed by legal entities, such as companies or organizations, through their representatives or employees.
The penalty for fraud is imprisonment from one to five years, and a judicial fine up to five thousand days. The penalty can be increased if the fraud is committed by using a public duty, a false document, or a false identity, or if the fraud causes serious damage or affects many people.
At Alfa Law Firm, we recognize the gravity of fraud-related offenses and the impact they can have on individuals and businesses. Our team of criminal lawyers is equipped to handle cases of fraud in various contexts, ensuring that our clients receive the best legal representation. With a comprehensive understanding of the Turkish legal system, our firm excels in criminal law services. From fraud victim representation to handling cases involving breach of fiduciary duty, we bring unparalleled expertise to every legal scenario. Contact Creen Topçu İncetaban and her office at Alfa Law Firm in Antalya today for free legal advice.
Details of Turkish Criminal Code (TCC) for Fraud Actions
As it is stated fraud is a criminal offense in Turkey under the Turkish Criminal Code (TCC) and TCC regulates fraudulent activities under Article 157, which states: “Any person who obtains a benefit for himself or someone else by deceiving someone else through a false or misleading act or statement, or by concealing the truth, and causes damage to the victim, is sentenced to imprisonment from one year to five years and a judicial fine up to five thousand days.”
The TCC also provides some aggravating circumstances for fraud, such as:
- If the fraud is committed by using a public duty, a false document, or a false identity, the penalty is increased by one-half.
- If the fraud causes serious damage or affects a large number of people, the penalty is increased by one-third.
- If the fraud is committed by an organized group, the penalty is increased by one-half.
The Turkish Criminal Code meticulously regulates a spectrum of fraudulent activities, underscoring the legal gravity attached to deceptive practices. The provisions encompass a broad array of scenarios, ranging from offenses involving information systems, banks, and credit institutions (Article 158) to those involving the misuse of precious metals, stones, or historical artifacts (Articles 178-180). This comprehensive legal framework establishes distinct offenses for various contexts, recognizing the diverse ways in which fraud can manifest.
Specifically, the Criminal Code addresses fraudulent activities related to financial instruments such as credit cards, debit cards, or electronic money cards (Article 159), checks (Article 160), bills of exchange or promissory notes (Article 161), and games of chance (Article 162). It extends its reach to encompass fraud in sectors including insurance (Article 163), leasing (Article 164), factoring (Article 165), franchising (Article 166), consumer loans, or housing finance contracts (Article 167), thereby offering a nuanced response to fraudulent activities in distinct economic domains.
The legislative foresight is evident in the inclusion of provisions targeting fraud in various contractual agreements, including service contracts (Article 168), sales contracts (Article 169), construction contracts (Article 170), agricultural contracts (Article 171), tourism contracts (Article 172), and health services (Article 173). Furthermore, the Criminal Code explicitly addresses fraud in educational services (Article 174), involvement with social security institutions (Article 175), and engagement in public tenders (Article 176), reflecting an overarching commitment to safeguarding the integrity of public services and institutions.
The legislation’s breadth extends to cover fraudulent activities linked to capital markets (Article 177), foreign currency (Article 178), and a spectrum of illicit activities such as human trafficking (Article 189), organ or tissue trafficking (Article 190), smuggling (Article 192), and terrorism (Article 193). The inclusion of these offenses reflects a proactive approach to addressing emerging challenges, aligning the legal framework with evolving societal concerns.
Beyond the financial and criminal spheres, the Criminal Code encompasses fraud related to professional and personal realms. It addresses abuses related to intellectual property rights (Article 203), breach of consumer rights (Article 204), breach of labor rights (Article 205), and breach of tax obligations (Article 206). The legislation extends its reach to address breaches of legal transactions or contracts (Article 216), emphasizing the importance of upholding legal rights and obligations in contractual relationships.
In essence, the Turkish Criminal Code, through its multifaceted provisions, serves as a robust legal bulwark against a spectrum of fraudulent activities, reflecting a commitment to maintaining the sanctity of legal, financial, and societal transactions. These provisions collectively contribute to a legal landscape that seeks to deter, penalize, and rectify fraudulent activities across diverse domains, ensuring the protection of individuals, institutions, and the broader societal fabric.
For those encountering issues related to immigration, our firm houses skilled immigration lawyers in Istanbul and Ankara. Whether it’s navigating immigration law complexities or addressing criminal aspects linked to immigration, our lawyers offer adept guidance.
In the realm of fraud, our attorneys possess a deep understanding of various facets, from fraudulent contracts to cases involving intellectual property rights. We specialize in fraud litigation, ensuring that our clients receive robust representation at every stage of legal proceedings.
Alfa Law Firm‘s commitment to excellence extends to both criminal and civil cases. Our lawyers adeptly handle criminal and family law matters, offering a holistic approach to legal challenges. If you find yourself entangled in a criminal lawsuit or require legal advice on criminal matters, our expert attorneys are here to guide you.
Misleading Concepts: Fraud vs. Bribery and Corruption
Fraud and fraudulent activities are different from bribery and corruption, which are also criminal offenses in Turkey. Bribery is defined as giving or promising an undue advantage to a public official or accepting or requesting an undue advantage by a public official, to influence the performance or non-performance of a duty. Corruption is defined as abusing a public duty or authority for personal gain or the benefit of someone else.
Bribery and corruption are regulated under the TCC, the Law on Misconduct, the Law on Bribery and Corruption, and the Regulation on Ethical Principles and Application Procedures and Principles for Public Servants. The penalty for bribery and corruption is imprisonment from four to twelve years and a judicial fine of up to ten thousand days. The penalty can be increased if the bribery and corruption involve a foreign public official, a political party, or an international organization, or if the bribery and corruption cause damage to the public interest or the environment.
In conclusion, the Turkish legal landscape regarding fraud is intricate and comprehensive, encapsulated within the robust provisions of the Turkish Criminal Code (TCC). Fraud, as defined under Article 157 of the TCC, encompasses a broad spectrum of deceptive practices aimed at obtaining unjust benefits and causing harm to victims. The penalties for fraud, ranging from one to five years of imprisonment and substantial fines, underscore the gravity with which Turkish law addresses this criminal offense.
Moreover, the TCC exhibits foresight in its meticulous regulation of various fraudulent activities, addressing contexts from financial instruments to contractual agreements. The legislative framework extends its reach to sectors such as information systems, banking, and credit institutions, offering nuanced responses to fraudulent activities in distinct economic domains. The inclusion of provisions targeting fraud in areas like education, health services, and public tenders reflects a commitment to safeguarding the integrity of public services and institutions.
In navigating the complexities of Turkish law, Alfa Law Firm stands as a beacon of legal expertise. Our English-speaking lawyers in Antalya and Istanbul, specializing in criminal law, immigration, and fraud cases, offer strategic counsel and robust representation. Whether you are facing legal challenges related to fraud, criminal lawsuits, or searching for fraud legal advice our accomplished legal team is committed to safeguarding your rights and interests.
Your legal journey finds a trustworthy partner in Alfa Law Firm, where excellence meets unwavering commitment. Contact us to reach out to lawyers for fraud cases today for expert legal counsel tailored to your unique needs.
FAQs on Fraudulent Activities in Turkey
What is the punishment for fraud in Turkey?
The penalty for fraud is imprisonment from one to five years and a judicial fine of up to five thousand days. The penalty can be increased if the fraud is committed by using a public duty, a false document, or a false identity, or if the fraud causes serious damage or affects a large number of people.
The TCC also regulates some specific types of fraudulent activities, such as fraud by using information systems, banks, credit cards, cheques, insurance contracts, leasing contracts, consumer loans, health services, public tenders, capital markets, foreign currency, precious metals, historical artifacts, and many more subtopics. Each type of fraud has its penalty, which can range from six months to 20 years of imprisonment, depending on the severity and the consequences of the fraudulent activities.
What to do if you are scammed in Turkey?
Contact the local police and report the scam. The police will take a report of the scam and may investigate the situation to try to locate the responsible individuals. It’s important to provide as much information as possible about the scam and the individuals involved, such as their names and physical descriptions, as well as any evidence that you may have.
Contact your embassy or consulate. They can provide advice and assistance and can also help to contact the local authorities on your behalf. They might also help you to contact a translator, a lawyer, or even with financial aid if it’s necessary.
Contact your bank or credit card company. If you have fallen victim to a scam that involves the loss of money, it’s important to contact your bank or credit card company as soon as possible to report unauthorized transactions and have the cards blocked or canceled. This will prevent any further unauthorized use of your cards.
Contact Alfa Law if you are scammed in Turkey! If you are in need of an English-speaking lawyer or multi-language speaking attorney in Turkey, especially in Antalya or Istanbul, for criminal law matters, and fraud cases, Alfa Law Firm is your trusted partner. Call us today if you need expert legal counsel and representation tailored to your specific needs.
What are the consequences of stealing in Turkey?
As well as other fraudulent activities, stealing is a criminal offense in Turkey under the Turkish Criminal Code (TCC). Stealing is defined as taking a movable property belonging to someone else without the consent of the possessor, in order to obtain a benefit for oneself or another person. The penalty for stealing is imprisonment from one to three years and a judicial fine of up to five thousand days. The penalty can be increased if the stealing is committed by using a public duty, a false document, or a false identity, or if the stealing causes serious damage or affects a large number of people.