Turkish Penal Code 157 & 158: The Blueprint of Fraud Litigation

📋 Key Takeaways

• The Legal Threshold: Under Turkish law, a simple lie is not a crime. Fraud requires "Qualified Deception" that eliminates the victim's ability to verify the truth .

• The Two Tiers: Simple Fraud (TCK 157) carries 1–5 years in prison, while Qualified Fraud (TCK 158) escalates to 3–10 years .

• Mediation Status: Simple fraud cases can be resolved through mediation (Uzlaştırma), but Qualified Fraud cannot .

• Prosecution Logic: Prosecutors act ex officio (automatically); there is no requirement for a victim complaint to start a public case .

In the landscape of Turkish Criminal Law, "Dolandırıcılık" (Fraud) is one of the most complex offenses to litigate because it sits on a razor's edge between a civil dispute and a serious felony. It is governed by Articles 157 and 158 of the Turkish Penal Code (TCK).

Unlike theft, where property is taken by force or stealth, fraud requires the perpetrator to "weaponize" the victim’s own will against them through sophisticated deception.

The Core Mechanism: When Does a "Lie" Become a Crime?

A critical distinction in Turkish defense strategy is the concept of the "Qualified Lie". The Supreme Court (Yargıtay) has established a strict standard: telling a lie does not automatically constitute fraud.

For an act to be punishable under TCK 157/158, the deception must meet the "Mise en Scène" standard. This means the perpetrator must stage a scenario so convincing that the victim loses the ability or inclination to verify the truth.

The Three Pillars of Conviction

To secure a conviction, the prosecution must prove three simultaneous elements:

1. Fraudulent Act (Hile): The behavior must be intense, skilled, and deceptive enough to bypass the victim's defenses .

2. Deception (Aldatma): The victim must actually fall into error due to the act. If the victim knows it is a lie but pays anyway, it is not fraud .

3. Economic Damage (Zarar): There must be a causal link where the perpetrator (or a third party) gains an unfair benefit at the victim's expense .

TCK 157: Simple Fraud (Basit Dolandırıcılık)

Penalty: 1 to 5 Years Imprisonment + Judicial Fine (up to 5,000 days) .

Simple fraud occurs when the perpetrator uses their own personal skills of persuasion without utilizing specific "tools" (like banks, fake police badges, or religion) to enhance the deception .

Case Study: The "Gold" Lighter In a precedent-setting case, a defendant approached a victim to ask for directions, claimed a lighter in their hand was solid gold, and sold it to the victim. When the victim later discovered it was worthless metal, the court ruled this as Simple Fraud, as it relied on personal persuasion without institutional tools.

Case Study: The "China Import" Scam A defendant claimed to be importing phones from China, took money from the victim, and then delayed delivery with excuses before cutting contact. This was ruled as Simple Fraud.

Procedural Note: Simple fraud falls under the scope of Mediation (Uzlaştırma). This means if the suspect and victim can agree on a settlement (usually repaying the loss), the case may be closed without a trial.

TCK 158: Qualified Fraud (Nitelikli Dolandırıcılık)

Penalty: 3 to 10 Years Imprisonment + Judicial Fine. Aggravated Minimum: For specific types (banking, public institutions), the minimum prison sentence is 4 years.

Qualified fraud is deemed more dangerous because the perpetrator exploits institutions or vulnerabilities that society relies upon. This offense is not eligible for mediation.

Common Aggravating Circumstances

The law categorizes fraud as "Qualified" if it involves:

• Religious Abuse (TCK 158/1-a): Using religious feelings (e.g., collecting money for a fake mosque construction or spiritual "healing") .

• Distress Situations (TCK 158/1-b): Exploiting a victim who is in a dangerous situation or difficult circumstances (e.g., medical emergencies) .

• Low Cognition (TCK 158/1-c): Targeting victims with weak perception (e.g., the elderly or mentally disabled) .

• Public Institutions (TCK 158/1-d/e): Using the name or physical items (identity cards, uniforms) of public institutions, or defrauding the government itself .

• Information Systems & Banks (TCK 158/1-f): Using the internet, social media, or banking systems as the tool for deception . Note: This is the most common form of modern fraud.

Statute of Limitations & Legal Timeline

Unlike civil debts, fraud cases are pursued by the state.

• Complaint Period: There is no specific deadline to file a complaint for fraud. Prosecutors must investigate as soon as they learn of the crime.

• Statute of Limitations: For Simple Fraud, the prosecution must be concluded within 8 years of the crime. Victims must report the incident within this window.

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5. Frequently Asked Questions: Fraud Litigation in Turkey

What is the difference between "Simple Fraud" and "Qualified Fraud" in Turkey?

Under the Turkish Penal Code, Simple Fraud (TCK 157) occurs when a person uses personal persuasion to deceive a victim, punishable by 1 to 5 years in prison. Qualified Fraud (TCK 158) is more severe (3 to 10 years) because the perpetrator uses specific "tools" like banks, information systems, or public institutions to enhance the deception. Crucially, Simple Fraud can be resolved via mediation (Uzlaştırma), while Qualified Fraud cannot.

What is the penalty for online scams and social media fraud?

Scams committed via platforms like Instagram, Facebook, or banking apps are classified as Qualified Fraud under TCK 158/1-f. Because the crime utilizes "information systems," the law imposes an aggravated minimum sentence of 4 years in prison, plus a judicial fine that is at least twice the amount of the benefit gained.

Does giving a fake check for an old debt count as fraud?

Generally, no. This is a key defense strategy known as the "Pre-Existing Debt" defense. Turkish High Courts rule that if a fake document is given to cover a debt that already exists, fraud has not occurred because the deception did not cause the loss (the loss happened when the debt was first created). However, the defendant may still face forgery charges.

Can the prison sentence be reduced if I pay the money back?

Yes. This is called "Effective Repentance" (Etkin Pişmanlık). If the defendant fully compensates the victim for their loss before the prosecution files the indictment, the sentence can be reduced by up to two-thirds (2/3). If repayment happens during the trial, the reduction is up to half (1/2).

What is the statute of limitations for filing a fraud complaint?

Fraud is a public prosecution crime, so prosecutors act ex officio once they learn of it; a victim complaint is not technically required to start the case. For Simple Fraud, the statute of limitations is 8 years. For Qualified Fraud, specifically involving banks or public officials, the investigation period can be significantly longer due to the severity of the felony.