A fraud lawyer is a criminal law lawyer who provides legal support on issues such as being deceived by fraudulent behavior, loss of money or assets, online fraud, false advertisements, false investment promises, telephone fraud, transactions made using bank accounts, qualified fraud allegations and criminal investigations. The crime of fraud is regulated in the Turkish Penal Code among the crimes committed against property and can have serious consequences for both the victim and the suspect or defendant.
Today, the crime of fraud is not limited to face-to-face fraudulent transactions. Internet shopping, fake sales via social media, collecting money under the name of investment consultancy, promises of cryptocurrency, fake bank or public official calls, fake check-bill transactions, vehicle sales fraud and deceptive activities carried out through companies are frequently seen in practice. For this reason, it is of great importance to correctly determine the legal nature of the incident in fraud cases.
People who are victims of fraud must collect their evidence quickly, carry out the application process to the prosecutor's office correctly, and consider the necessary legal remedies to compensate for their losses. It is important for people against whom fraud allegations are made to prepare their defense carefully, starting from the investigation stage, to examine whether the action really constitutes the crime of fraud, and to defend effectively against incorrect legal characterizations. Lawyer Mehmet Kurşun provides legal support in fraud crime, qualified fraud, criminal investigation, victim representation and defendant advocacy processes.
What is the Crime of Fraud?
The crime of fraud is when the perpetrator deceives a person with fraudulent behavior and, as a result of this deception, benefits himself or another person at the expense of the victim or someone else. The basis of this crime is fraud, deception, harm and unfair advantage. The most important point that distinguishes the crime of fraud from other property crimes is that the will of the victim is injured by fraudulent behavior.
It cannot be said that every lie or debt relationship constitutes the crime of fraud. In order for the crime of fraud to occur, the perpetrator's behavior must be capable of deceiving the victim. A simple breach of contract, non-payment of debt or commercial dispute may not in itself constitute fraud. What is important in criminal proceedings is whether the perpetrator deceived the victim with fraudulent behavior from the very beginning and whether he gained unfair advantage in this way.
Elements of the Crime of Fraud
In order for the crime of fraud to occur, some elements must occur together. When one of these elements is missing, the incident may be considered as a private law dispute, breach of trust, theft, cyber crime or another type of crime. For this reason, the fraud lawyer examines the events in the file not only in terms of the damage to the victim, but also in terms of all elements of the crime.
| Element | Explanation |
|---|---|
| fraudulent behavior | The perpetrator must engage in deceptive behavior that is conducive to deceiving the victim. |
| Cheat | The victim must have an untrue belief under the influence of fraudulent behavior. |
| Damage | There must be economic damage to the victim's or someone else's property. |
| benefit | The perpetrator must provide unfair advantage to himself or another person. |
| causal link | There must be a connection between the fraudulent conduct, the harm to the victim, and the benefit to the perpetrator. |
| Caste | The perpetrator must act with the aim of deceiving and benefiting the victim through fraudulent behavior. |
Simple Fraud Crime
The crime of simple fraud is the basic fraud regulated in Article 157 of the Turkish Penal Code. If the perpetrator deceives the victim with fraudulent behavior and benefits himself or someone else at the expense of him or someone else, the crime of simple fraud comes to the fore. The penalty for this crime is imprisonment from one to five years and a judicial fine of up to five thousand days.
In the crime of simple fraud, the method by which the fraudulent behavior is carried out may vary depending on the concrete incident. Situations such as receiving money with false promises, pretending to sell a product that is not actually for sale, fake rental transaction, acting with the intention of not paying back from the beginning under the pretext of borrowing money, or deceiving the victim with false statements can be considered within the scope of simple fraud depending on the nature of the file.
However, not every payment dispute or broken promise is considered fraud. For example, if there is a real commercial relationship between the parties, if the debt cannot be paid later or if the failure to fulfill the contract is due to economic impossibility, the incident can be evaluated in the field of private law instead of criminal law. This distinction is extremely important in terms of the defense and complaint process in fraud crimes.
Aggravated Fraud Crime
The crime of aggravated fraud occurs when the fraud is committed using more serious methods or certain tools. Qualified fraud, regulated in Article 158 of the Turkish Penal Code, carries more severe criminal sanctions than simple fraud. The penalty for qualified fraud is, as a rule, imprisonment from three to ten years and a judicial fine of up to five thousand days.
Qualified fraud comes to the fore in practice, especially in situations such as using information systems, banks or credit institutions, public institutions as tools, exploiting religious feelings, taking advantage of a person's difficult situation, taking advantage of the convenience provided by press and broadcasting tools, committing fraud during commercial activities as a merchant or company manager, and presenting himself as a public official or bank officer.
Legal qualification is very important in the crime of qualified fraud. For example, a money transfer over the internet may not always constitute qualified fraud by using information systems as a tool. Likewise, a person identifying himself as a police officer, prosecutor, bank officer or public official may cause the action to become qualified. For this reason, the way the incident occurred, the method used, how the victim was deceived and how the benefit was obtained should be examined in detail.
Differences Between Simple and Aggravated Fraud
| Criterion | Simple Fraud | Aggravated Fraud |
|---|---|---|
| legal regulation | It is regulated under TCK 157. | It is regulated under TCK 158. |
| Punishment | Imprisonment from 1 to 5 years and judicial fine. | Imprisonment from 3 to 10 years and judicial fine. |
| Method | It is committed through general fraudulent behavior. | It is processed using special tools or methods listed in the law. |
| Example | Receiving money with false promises, fake sales transaction. | Processing by exploiting the information system, bank, public official identity or religious feelings. |
| Conciliation | It can be evaluated within the scope of mediation. | As a rule, it is not within the scope of mediation. |
| competent court | It is usually a criminal court of first instance. | It is usually the high criminal court. |
What Does a Fraud Lawyer Do?
The fraud crime lawyer ensures that the file is managed correctly in terms of legal and evidence for both the victim and the suspect or defendant. The main purpose for the victim is to accurately explain the incident to the prosecutor's office, present the evidence, identify the suspects, determine the damage and protect legal rights along with the criminal process. For the suspect or defendant, the purpose is to examine whether the alleged action constitutes a crime, to evaluate whether there is an element of fraud, and to prepare an effective defense.
The lawyer's role in fraud cases is not limited to just writing petitions. Evidence such as bank records, receipts, messaging, contracts, witness statements, camera records, social media correspondence, IP records, HTS records, company documents and commercial books must be evaluated correctly. At what stage, with what procedure and with what legal justification the evidence will be presented may affect the outcome of the case.
What Should a Scam Victim Do?
A person who thinks he is a victim of fraud should collect evidence without delay and file a criminal complaint with the Chief Public Prosecutor's Office. Time is of the essence, especially in fraud cases related to internet and bank transactions. If money has been transferred, receipts, IBAN information, bank transactions, correspondence, advertisement links, phone numbers, social media accounts, screenshots and, if any, cargo or delivery documents should be kept.
- Account information and receipts from which money is sent must be kept.
- WhatsApp, SMS, e-mail and social media correspondence should not be deleted.
- Screenshots of the fake ad, profile or website should be taken.
- Phone number, username, IBAN and account holder information must be recorded.
- Notification must be made quickly to the bank and the relevant platform.
- A criminal complaint should be made to the Chief Public Prosecutor's Office.
- Ways to eliminate damage and compensate should also be evaluated.
Victims of fraud often just wait for criminal charges to be filed. However, in terms of collecting the damage, civil lawsuits, enforcement proceedings, claims for compensation or protection measures for assets should also be evaluated along with the criminal process. For this reason, the fraud lawyer acting as the victim's representative addresses both the criminal and asset aspects together.
What should a person do if there is an allegation of fraud?
A person accused of fraud should act carefully, starting from the statement stage. In criminal cases, the first statement often affects the direction of the file. For this reason, it must be clearly stated whether the incident is a commercial dispute, a debt relationship, non-performance of a contract, or whether it is actually gaining benefit through fraudulent behavior.
In defense, the intent of the perpetrator, the existence of fraudulent behavior, whether the victim was actually deceived, the history of the relationship between the parties, the will to pay, the contract conditions, delivery or service performance, commercial records and the debt-receivable relationship should be evaluated in detail. In the crime of fraud, it is not enough just to harm the victim; It must also be demonstrated that the perpetrator acted with the intention of deceiving through fraudulent behavior from the very beginning.
Online Fraud
Online fraud is one of the most common types of fraud today. Fake shopping sites, selling fake products on social media, second-hand product ads, fake shipping links, fake investment platforms, cryptocurrency promises, bank account takeover, identification information collection and phishing links may come to the fore in this context.
Digital evidence is important in internet fraud cases. Website registrations, domain name information, IP records, bank transactions, account holder information, messaging, sent links and information about the devices used may be requested during the investigation phase. It is important to act quickly in these files in terms of identifying the accounts and suspects to which the money is transferred.
Phone Scams and Presenting Oneself as a Public Official
Phone fraud can be committed by calling the victim, intimidating him, causing him to panic, or abusing his sense of trust. The perpetrator may pose as a police officer, prosecutor, judge, bank officer, insurance employee or someone affiliated with a public institution. The victim may be told that his account is linked to a terrorist organization, his identity information is used, his money is not safe, or he needs to send money urgently.
In such cases, it is possible for the action to be considered within the scope of qualified fraud. Because the perpetrator abuses the victim's trust in public institutions or banks. The victim must immediately contact his bank, request to stop the money transfer, and file a criminal complaint with the prosecutor's office.
Fraud Using Bank, IBAN and Account
Bank accounts and IBAN information are important evidence in fraud crimes. The victim usually sends money to a specific account. This account may sometimes be the account of the perpetrator directly, or sometimes it may be accounts opened or used on behalf of third parties. Situations known in practice as “account rental” may result in serious criminal liability.
A person allowing someone else to use his bank account, withdrawing money from his account and handing it over to someone else, or mediating money transfers may be subject to evaluation in terms of fraud, money laundering or other crimes, depending on the nature of the incident. For this reason, the defense of people whose bank accounts are used must be carefully prepared, and the source of the money, the way the account is used and the person's intention must be examined in detail.
Evidence in Fraud Crime
In the crime of fraud, evidence is of decisive importance in terms of proof of crime and defense. For the victim, fraudulent behavior, deception, damage and money transfer must be proven. For the suspect or the defendant, evidence showing that the incident is not a fraud but a private law relationship, that there is no element of fraud or that there is no intention to gain benefit may be important.
- Bank receipts and account movements,
- WhatsApp, SMS, e-mail and social media correspondence,
- Contracts, invoices and delivery documents,
- Advertisement records and website screenshots,
- Witness statements,
- camera recordings,
- HTS, IP and digital access records,
- Company records and commercial books,
- Expert or expert reports.
Evidence must be obtained in accordance with the law. Records obtained illegally may cause problems in criminal proceedings. For this reason, it is important to get support from a criminal lawyer during the evidence collection process.
Complaint and Investigation Process in Fraud Crime
As a rule, the crime of fraud is not a complaint-based crime. The public prosecutor's office may initiate an investigation when it learns that a crime has been committed. However, it is important for the victim to file a criminal complaint, present evidence and explain the details of the incident clearly for the effective progress of the investigation. Since the complaint requirement may come to the fore in some special cases, the concrete incident must be evaluated separately.
During the investigation phase, the prosecutor's office can take statements from the suspect and the victim, request bank records, request the examination of digital data, conduct a law enforcement investigation, and apply for protective measures if deemed necessary. If sufficient suspicion arises, an indictment is prepared and a criminal case is opened. If there is not sufficient suspicion, a decision may be made that there is no need for prosecution.
Reconciliation in Fraud Crime
The crime of simple fraud can be considered within the scope of mediation if there are conditions. During the mediation process, reparation of the damage between the victim and the suspect or the parties' agreement on certain conditions may come to the fore. If a compromise is reached, the fate of the file will be determined accordingly. If no agreement is reached, the investigation or prosecution process continues.
As a rule, the crime of qualified fraud is not within the scope of mediation. Therefore, whether the crime is simple fraud or qualified fraud is important not only in terms of the amount of penalty but also in terms of the possibility of reconciliation.
Effective Remorse in the Crime of Fraud
Effective remorse provisions can be applied in fraud crimes. If the perpetrator, instigator or aider repairs the damage to the victim by restitution or compensation, a reduction in the penalty may be considered. In terms of effective regret, it is important at what stage the damage is remedied. Removing the damage at the investigation stage and redressing the damage at the prosecution stage may have different results.
Active repentance is not automatically applied to every file. The extent of the damage, the victim's damage, whether the refund or compensation is complete, if there is a partial payment, the victim's consent and the perpetrator's will to repent are evaluated. For this reason, the steps to be taken during the effective repentance process must be planned with legal support.
The Court in Charge of Fraud Crime
The court responsible for the crime of fraud may vary depending on whether the crime is simple or qualified. In simple fraud crimes, the trial is usually held in the criminal court of first instance. In cases of qualified fraud crimes, the competent court is usually the high criminal court. In most cases, the competent court is determined as the court where the crime was committed.
In cases of online fraud, the issue of authority may become more complex. The location of the victim, the location of the money transfer, the location of the account, the location of the suspect and the location of the consequences of the crime can be evaluated together. For this reason, the issue of authority should be handled carefully during the criminal complaint or lawsuit process.
Difference Between Fraud Crime and Private Law Dispute
One of the most frequently discussed issues in fraud files is whether the incident is a crime within the scope of criminal law or a debt-credit dispute within the scope of private law. A person's failure to pay his debts, violate a contract, or fail to fulfill a commercial relationship does not always constitute a crime of fraud. For fraud to occur, the victim must be deceived and unfairly benefited by fraudulent behavior from the very beginning.
For example, if there is a real commercial relationship between the parties and the debt cannot be paid later due to economic reasons, the incident may be the subject of a debt lawsuit or enforcement proceeding. On the other hand, if the perpetrator deceived the victim from the very beginning with a fake identity, fake document, fake advertisement, false promise or a fictional scenario, the crime of fraud may come to the fore. Bu ayrım hem mağdur vekilliği hem de sanık müdafiliği açısından dosyanın temel noktalarından biridir.
What to Consider When Choosing a Fraud Lawyer?
Fraud files often contain numerous documents, digital records, bank transactions and whitepapers. Therefore, when choosing a fraud lawyer, knowledge of criminal law, experience in evidence evaluation, and mastery of investigation and prosecution processes are important. Mistakes made at the first stage of the file may lead to irreparable consequences in the future.
- It should be evaluated whether the incident is simple or qualified fraud.
- It should be examined whether fraudulent behavior actually exists.
- Bank, digital record and correspondence evidence must be submitted to the file correctly.
- Legal remedies should be planned for the victim to collect the damage.
- An effective defense strategy must be created for the suspect or defendant.
- The possibilities of reconciliation and effective repentance should be evaluated at the right time.
- Compensation and enforcement processes related to criminal cases should be handled together.
Frequently Asked Questions About Fraud Lawyer
What is the crime of fraud?
The crime of fraud is deceiving a person through fraudulent behavior and, as a result of this deception, benefiting the perpetrator himself or another person at the expense of the victim or someone else.
What is the penalty for fraud?
The penalty for simple fraud is imprisonment from 1 to 5 years and a judicial fine. In the case of qualified fraud, the penalty is more severe and includes imprisonment from 3 to 10 years and a judicial fine.
What is aggravated fraud?
Qualified fraud may come to the fore if the fraud is committed through information systems, banks or credit institutions, public institutions, exploitation of religious feelings, taking advantage of a person's difficult situation, or identification methods such as public officials.
What should a fraud victim do?
The victim must keep receipts, correspondence, screenshots, advertisements, phone numbers, IBAN information and other evidence; He/she should file a criminal complaint to the Chief Public Prosecutor's Office without losing time.
Is the crime of fraud subject to compromise?
The crime of simple fraud can be considered within the scope of mediation if there are conditions. As a rule, the crime of qualified fraud is not within the scope of mediation.
If the damage in fraud is repaired, will the penalty be reduced?
Compensation for the damage may provide a reduction in the penalty within the scope of effective repentance provisions. However, the conditions, timing and whether the damage has been completely remedied are evaluated on a case-by-case basis.
Is every failure to pay a debt considered fraud?
No. Failure to pay the debt does not constitute the crime of fraud on its own. For fraud, there must be elements of deception and gaining unfair advantage through fraudulent behavior.
Is it mandatory to hire a lawyer in case of fraud?
Hiring a lawyer is not mandatory in every case. However, since fraud crimes involve technical processes in terms of punishment, judicial fine, compensation, reconciliation, effective remorse and evidence evaluation, it is important to get legal support.
Legal Support for Fraud Crime
The crime of fraud is an area of criminal law that must be carefully managed for both the victim and the suspect or defendant. For the victim, it is important to prove the damage, identify the suspects and make legal applications correctly. For the suspect or defendant, whether the action constitutes a crime, the presence of the element of fraud, the legality of the evidence and the defense strategy must be carefully evaluated.
You can get legal support from Lawyer Mehmet Kurşun on fraud, qualified fraud, internet fraud, telephone fraud, fraud using bank accounts, criminal investigation, victim representation and defendant advocacy. Correct evaluation of the file at an early stage is of great importance in order to avoid loss of rights and to carry out the criminal process effectively.
