Istanbul Fraud Lawyer

The place of the cyber world, digital payment institutions and mobile banking infrastructures at the center of our lives has brought about new types of crimes with unprecedented complexity in the field of criminal law. Particularly in recent years, qualified fraud disputes, which have directly affected hundreds of thousands of citizens and brought young people, university students, housewives and individuals with low financial literacy to the defendant's stand in the High Criminal Courts, are one of the fastest growing areas of investigation and litigation volume today.   

Well-intentioned people who are deceived by false advertisements such as "promise of additional income", "brokerage", "home packaging job" or "scholarship payment" and hand over their bank accounts, passwords or IBAN information to third parties, unknowingly become the money transfer bridge of a huge fraud or illegal betting network run by organized crime groups. In order to eliminate unfair accusations and legally register your innocence in a trial process that is so technical, procedural rules are strict and penalties are extremely severe. istanbul fraud crime lawyer And expert criminal lawyer istanbul It is vital to receive professional and strategic defense support from its staff.   

1. Qualified Fraud and Cyber ​​Crimes within the Scope of TCK 158/1-f

The act of giving bank accounts or IBAN information to someone else is not defined as a separate crime in the Turkish Penal Code (TCK). However, if these accounts transferred or rented to someone else are used for the purpose of transferring funds in an act of fraud, the action will be directly TCK art. 158/1-f It is punished within the scope of the crime of "qualified fraud by using information systems, banks or credit institutions as a tool".

How much penalty does a person who rents out his bank account or IBAN number in exchange for a commission face?

The answer to this question, which is most frequently asked and creates confusion in practice, is hidden in the extremely heavy penalty lower limits prescribed by our law. TCK art. Within the scope of Article 158/1-f, in fraud acts in which IT and banking systems are used as tools, imprisonment is imposed. lower limit is 4 years, the upper limit is determined up to 10 years.   

In addition, the legislator TCK art. With paragraph 158/1-l, it is mandatory that the amount of judicial fine in this crime cannot be less than twice the unfair benefit obtained from the crime. This penalty threshold is calculated by the following legal formula:

As an important detail; If a fraudulent money of 20,000 TL was transferred through your account by the criminal network, the judicial fine to be imposed on you will be calculated as at least 40,000 TL. The 4-year sentence minimum also makes it difficult for defendants to benefit from legal safeguards such as Suspension of Announcement of Sentence (HAGB) or postponement of sentence, which prevents defendants from going to prison. Therefore, when an investigation is initiated against you, instead of trying to manage the process yourself, you should contact an expert. bank fraud lawyer Establishing a professional defense line with is the only way to protect your future.   

2. Comparative Table of Legal Liability

Depending on the nature of the illegal activity to which the account or IBAN is transferred, the legal responsibilities and penalty ranges that the account holder will face in the criminal case vary as follows:   

3. Game-changing Acquittal Decisions of the Supreme Court: "No Intention, No Punishment" Principle

Although local courts tend to punish people who give their bank account or IBAN information to someone else directly as "perpetrators" or "aiders of fraud", the Supreme Court of Appeals has drawn very strong legal limits on this practice of automatic punishment with its recent precedent decisions. In accordance with the principles of "there is no perfect punishment" and "the defendant benefits from the doubt", which are the most fundamental pillars of criminal law, it is against the law to punish the account owner unless his intention to participate in the actual fraudulent act and his common will can be proven with concrete evidence.

Would anyone who unknowingly or deceivedly shares their IBAN information with the promise of a job be automatically convicted of fraud?

The following current Supreme Court precedents, which are used as the biggest precedent in criminal defenses and whose authenticity has been confirmed, give a clear "no" answer to this question:

• Decision of the 11th Criminal Chamber of the Supreme Court of Appeals dated 04.06.2024 (Fact: 2021/16966, Decision: 2024/7470): In this landmark decision of the Supreme Court; It was determined that the defendant gave his bank account information to his neighbor and colleague based on the "trust relationship" between them, and that he did not obtain any financial benefit (commission/share) from the money coming into the account. The Supreme Court stated that there was no definitive, convincing and beyond all doubt evidence that the defendant knew that the money received was the proceeds of crime or fraud, and ruled that merely having an account used was not sufficient to participate in the fraud, and completely overturned the local court's conviction decision. acquittal ruled that the decision should be made.
• Decision of the 8th Criminal Chamber of the Supreme Court of Appeals dated 30.04.2025 (Mains: 2025/3482): In this very current decision, the legal situation of a broker university student who was deceived by "fake job postings" on social media and transferred the money coming into his account to other accounts with the explanation of "company payment" was examined. The Supreme Court accepted that the student was not aware of the fraud network, had no criminal intent, and that he was a victim of this organization, and thus completely overturned the conviction and acquitted him in accordance with Article 309/4-d of the Criminal Procedure Code No. 5271.
• Decision of Konya Regional Court of Justice 8th Criminal Chamber dated 14.01.2025 (Mains: 2024/3129, Decision: 2025/209): In this critical decision at the appeal level, the act of "one-time account use" was discussed. The court ruled that the "functional dominance" and "willingness to participate" conditions required for complicity were not met, citing the fact that the account owner did not repeat the transaction and did not obtain a continuous financial gain from the account, and acquitted the defendant.

4. Steps to be Taken Against MASAK Blockage and Banking Restrictions

In case of suspicious money movements through your account, Financial Crimes Investigation Board (MASAK) tracking algorithms automatically detect this situation and block your account immediately.   

What should I do to avoid legal liability when I realize that my bank account is being used for illegal betting or fraud?

When you encounter such a situation, even seconds are very important for your legal fate. The immediate tactical steps to be taken are:

1. Call the Bank Immediately and Block the Account: As soon as you notice that your account is being used beyond your control or in a suspicious manner, contact your bank and freeze the entire internet banking channel and file an official report.
2. Apply to the Prosecutor's Office Without Waiting for the Investigation: Without waiting for the law enforcement to arrive at your door, contact the nearest Chief Public Prosecutor's Office and file a criminal complaint alleging that "your account has been used deceptively or without permission." This step is the strongest evidence of innocence, proving that you are a victim of a criminal organization and not a partner of it.   
3. Do not delete correspondence and conversation records: Safely back up all your WhatsApp, Telegram, SMS correspondence, screenshots and call records with people who deceived you, promised you a job or asked for your account, without deleting them.

Although the investigation blocks imposed by the investigation or court decision continue as a rule until the criminal case is concluded, you can request the removal of the blocks by applying to the Criminal Court of Peace with concrete digital evidence showing that you do not have criminal intent and that the source of the money is based on a legitimate reason. In order for these technical processes to be carried out error-free IT fraud lawyer It is essential to act with the support of an expert criminal lawyer.   

5. Defense Strategy in Istanbul: Çağlayan, Kartal and Bakırköy Courthouses

It is not possible to be acquitted in qualified fraud and cybercrime cases by simply making abstract statements such as "I am innocent, I was not aware of it." In order to reach the material truth in criminal proceedings, extremely complex digital evidence such as HTS (call and base station data), CGNAT (internet connection records) and IP research must be examined from an expert perspective. With the IP address tracking and HTS analysis carried out by the cybercrime teams, it should be technically revealed where you were at the time of the illegal transaction in the account and whether you had any contact with the real perpetrators who managed the account.   

Frequently Asked Questions (FAQ)

Question 1: I let an acquaintance use my bank account or IBAN number "for sake". If a fraud case is filed against me, can I be acquitted?

Reply: Yes, it is legally possible for you to be acquitted. In criminal law, criminal liability is directly subject to the element of "intention". Supreme Court 11th As emphasized in the precedent decision of the Criminal Chamber dated 04.06.2024, Case: 2021/16966, Decision: 2024/7470, in cases where it is understood that the defendant does not provide any financial benefit (commission/share) from the money coming to the account and is accountable based on the relationship of trust/acquaintance between them, it is accepted that there is no intention to participate in the crime of fraud and the defendant to his acquittal decision is made.

Question 2: I applied through a "scholarship" or "home packaging job" advertisement on the internet, sent my ID and IBAN information, and transferred the money deposited into my account to others. Am I a fraud too?

Reply: Legally, you are not the main perpetrator of the crime, but a "deceived victim" of the fraud network. You can prove that you acted unintentionally by presenting conversation records and job promise messages as evidence. The most important issue in Criminal Law is concrete evidence. To the extent that you can prove your claim, there is a possibility that you will be acquitted.

Question 3: I let someone use my account only once, how does this affect the amount of the penalty or the course of the case?

Reply: Whether it is one-time or multiple-time, determines the number of lawsuits or files that will be filed against you. Your situation is evaluated according to other conditions. Just because you made a mistake once does not mean that you will be acquitted.

Question 4: I rented my bank account so that they could transfer money to illegal betting sites, what could happen to me?

Reply: This action carries extremely heavy criminal sanctions. Persons who use their accounts on illegal betting sites will be sentenced to imprisonment from 3 to 5 years for the crime of intermediating illegal betting within the scope of Law No. 7258 and TCK Art. According to Article 282, they are tried with a prison sentence of 3 to 7 years for money laundering. According to the Supreme Court decisions dated 2026, defendants who admit that they rented their accounts to illegal betting sites and received commissions from this activity are punished for both qualified fraud and violation of Law No. 7258.   

Question 5: How can I remove the blockage placed on my account by MASAK or the prosecutor's office?

Reply: When banks detect a suspicious transaction, they are obliged to immediately report the situation to MASAK and it is blocked. If the blocking decision comes directly from the prosecutor's office or the court (investigation blocking), this blocking continues until the investigation or trial process is completed. In order to remove the blockage, you must apply to the Criminal Court of Peace and prove with concrete digital evidence (contract, invoice, receivables) that the incoming money is not proceeds of crime, that it is based on a legitimate reason and that you do not have criminal intent.   

Question 6: I just realized that my bank account was used in fraud, what should I do immediately to avoid legal liability?

Reply: Acting quickly and actively is the most important step that will save you from conviction. First of all, you should immediately call the relevant bank and request that the internet banking channel be frozen and the account blocked. Then, without wasting any time and waiting for a complaint to be filed against you, you should go to the nearest Chief Public Prosecutor's Office and file a criminal complaint that "your account has been used by deception or without permission". These steps are the strongest evidence of innocence, proving that you are a deceived victim of a criminal organization and not an accomplice of it.   

Question 7: What is the penalty for giving the account I opened in my name to someone else and not reporting it to the bank?

Reply: In accordance with Article 15 of the Law No. 5549 on the Prevention of Laundering of Proceeds of Crime, a person who allows someone else to use an account opened in his name is obliged to notify the bank (obligor) in writing of this situation. A person who violates this obligation to provide identification is punished with imprisonment from 6 months to 1 year or a judicial fine. Therefore, even if you do not intend to commit fraud, there is a risk of receiving this penalty just for not reporting.   

Question 8: Why is my first statement to the police during the investigation phase so important? Should I testify without a lawyer?

Reply: The first statement given at the police station or the prosecutor's office determines the entire course and fate of the criminal case. Incorrect statements made in the first stage out of panic or fear (such as saying "I gave it for money" instead of "I gave it for your sake") lose credibility in the eyes of judges, even if they are corrected later in court. CMK m. In accordance with Article 150, you have the right to request a lawyer before giving a statement. A professional team will assist you in cases of qualified fraud carried out in the Çağlayan, Kartal or Bakırköy courthouses in Istanbul. istanbul fraud crime lawyer Taking a statement with support directly prevents erroneous statements that could be used against you from being recorded.

Question 9: How is the "effective remorse" discount applied in qualified fraud crimes and does it give the right to HAGB (Deferment of Announcement of the Judgment)?

Reply: TCK art. In accordance with Article 168, the penalty to be imposed if the financial damage suffered by the victim in the crime of fraud (the amount of money withdrawn from your account) is completely remedied during the investigation phase (before filing a lawsuit). up to two thirds is downloaded. If the damage is repaired after the lawsuit is filed but before the court decision is made, the penalty at half the rate is downloaded. Since this effective remorse reduction and the absence of a criminal record will reduce the sentence to less than 2 years, it becomes possible to issue a HAGB (Suspension of Announcement of Sentencing) decision against you, thus completely eliminating the risk of going to prison.

Question 10: How can digital evidence (HTS, CGNAT, IP records) enable me to be acquitted in fraud cases?

Reply: In qualified fraud cases, acquittal is not possible only by verbal statement. In the investigations to be carried out by cyber crimes teams; It is technically determined from which IP address the system was logged in on the day and time of suspicious transactions in your account (CGNAT records), from which base station your phone gave a signal (HTS records), and whether there is a call/message connection between you and the actual fraud perpetrators. If it is determined that you were in a completely different place geographically at that time and did not communicate with the network members, it will be certified that you do not have "functional dominance" over the criminal organization and the possibility of an acquittal will increase.

In IT and bank fraud files that contain such sensitive and technical details, it is vital that the evidence is collected without being obscured and that the most up-to-date acquittal precedents of the Supreme Court are included in the file. Attorney Mehmet Emin Kurşun Law Firm actively conducts defense before Çağlayan, Kartal and Bakırköy High Criminal Courts in disputes throughout Istanbul, especially in regions where financial movements are intense, such as Şişli, Beyoğlu and Kadıköy; From favorable analysis of HTS and CGNAT records to applications to the Criminal Judgeships of Peace for the removal of MASAK blocks. It manages all processes with great care.

Our expert criminal lawyer Istanbul staff ensures that unfair accusations are eliminated and the right to a fair trial is protected at the highest level by presenting to the court with digital evidence that our clients have no organic ties or intent to participate in criminal organizations. We are always by your side with our expert staff based in Istanbul, in order not to endanger your freedom and future, and to overcome this difficult process in which you face unfair accusations with professional armor.