In short
Fraud carries one to five years’ imprisonment together with a judicial fine. Where the offence is committed in one of the aggravated forms listed in Article 158 of the Turkish Penal Code, the sentence rises to three to ten years and the case is heard by the assize court.
What are the elements of fraud?
Fraud consists of deceiving a person by deceptive conduct and thereby obtaining a benefit for oneself or another to the detriment of that person or a third party. Three elements must coincide: deceptive conduct, resulting deception, and loss arising from it.
Not every untruth amounts to deception in the legal sense. In the settled case law of the Court of Cassation what is required is conduct of sufficient intensity to remove the victim’s ability to verify, and capable of misleading. A bare assertion that the other party could readily have checked may not meet that test.
The deception must also have produced its effect. Where the victim disposed of their assets for some other reason despite knowing the truth, the causal link between the deception and the loss is not established and the offence does not arise.
Which forms are treated as aggravated fraud?
The law lists a series of aggravated forms based on the manner of commission, the instrument used or the position of the victim. In these cases the sentence is three to ten years’ imprisonment together with a judicial fine of up to five thousand days.
For certain limbs the law prescribes a higher floor: where information systems or banks and credit institutions are used as an instrument, where the offence is committed in the course of commercial activity or a profession, or where credit that should not have been granted is obtained, the minimum sentence cannot be less than four years and the fine not less than twice the benefit obtained.
Where the offence is committed by three or more persons together the sentence is increased by one half; where it is committed within the activity of a criminal organisation it is doubled.
Frequently encountered aggravated limbs
- By exploiting religious belief and feeling
- By exploiting a dangerous situation or difficult circumstances
- By exploiting weakness in the victim’s capacity to perceive
- By using public institutions as an instrument
- By using information systems, banks or credit institutions
- By exploiting the facility offered by press and broadcast media
- In the course of commercial activity or a profession
- By claiming a connection with public officials
| Form | Sentence |
|---|---|
| Basic form (art. 157) | One to five years and a judicial fine |
| Aggravated forms (art. 158) | Three to ten years and a fine of up to five thousand days |
| Information systems and banking limbs | Minimum not less than four years |
| Committed by three or more persons | Increased by one half |
| Within the activity of a criminal organisation | Doubled |
| To collect a debt arising from a legal relationship (art. 159) | Six months to one year — on complaint |
Is an unpaid debt fraud?
Failure to pay a contractual debt is not in itself fraud. This is the most frequently contested boundary in practice: non-payment is as a rule a matter for the civil courts, resolved through a debt action or enforcement proceedings.
For the offence to arise it must be shown that the accused acted from the outset with the intention of not performing, and deceived the other party by deceptive conduct. In the settled case law of the Court of Cassation this intention is inferred from conduct before and after the contract was concluded.
The matters examined include whether the accused made any genuine preparation to perform, whether the security or documents provided were genuine, whether identity or capacity was concealed, and whether the same method was repeated with other people.
Does making good the loss affect the sentence?
It does. Fraud is one of the offences to which effective remorse applies. Where the perpetrator, instigator or accessory makes good the victim’s loss in full, by restitution or compensation, before the prosecution stage begins, the sentence is reduced by up to two thirds.
Where the loss is made good after the prosecution has begun but before judgment, the reduction is up to one half. For a partial payment to count, the victim’s consent is required.
The stage at which payment is made therefore directly affects the sentence. Payment must be documented, properly submitted to the file, and the amount of loss correctly calculated.
Defending cases involving bank accounts and information systems
A large share of current files arise from payments made by bank transfer, virtual card or crypto asset. In these cases the holder of the account through which the money passed frequently becomes a suspect, although whether that person knew of the arrangement must be separately proved.
The defence is built on the account opening documents, actual control over the account, the timing of credits and debits, camera footage of withdrawals, IP and device records, and whether the account holder was themselves deceived.
In the settled case law of the Court of Cassation, the mere fact that money passed through an account does not establish participation. Intent must be shown by concrete evidence such as how the account was obtained and how the benefit was shared.
Records to be examined in these files
- Account opening documents and branch camera footage
- Account movements and a timeline of the transfers
- Internet banking IP and device records
- ATM and branch withdrawal footage
- Communications between the suspects
- The advertisement or correspondence used to deceive the victim
- Where the benefit ultimately came to rest
Frequently asked questions
What is the sentence for aggravated fraud?
Three to ten years’ imprisonment together with a judicial fine of up to five thousand days. For limbs such as the use of information systems or of banks and credit institutions, the minimum sentence cannot be less than four years.
Can a person who fails to pay a debt be prosecuted for fraud?
Non-payment is not in itself an offence. Fraud requires proof that the accused acted from the outset with the intention of not performing and deceived the other party by deceptive conduct; otherwise the dispute belongs before the civil courts.
Will repaying the money avoid a sentence?
Repayment does not remove the sentence but substantially reduces it. Making good the loss in full before the prosecution begins reduces the sentence by up to two thirds; doing so before judgment reduces it by up to one half.
Is aggravated fraud subject to mediation?
No. The basic form of fraud falls within the mediation regime; aggravated fraud does not. An agreement between the parties does not end the proceedings, although it may found a reduction under effective remorse.
Which court hears aggravated fraud?
The law places aggravated fraud expressly within the jurisdiction of the assize court. The basic form of fraud is heard by the court of first instance.
Relevant legislation
- Turkish Penal Code No. 5237 (arts. 157, 158, 159, 168)
- Criminal Procedure Code No. 5271 (arts. 253-255)
- Law No. 5235 (art. 12 — jurisdiction of the assize courts)
- Law No. 5464 on Bank Cards and Credit Cards
Legal notice
The information on this page is general in nature and is provided for informational purposes only. It does not constitute legal advice and cannot replace an assessment of your specific circumstances. Legislation and case law may change over time.
This page was prepared by Erol Deli, Attorney at Law. · Last updated: August 21, 2026
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