It is a crime that occurs by deceiving someone with fraudulent behavior, to the detriment of him or someone else, to benefit the person himself or someone else. Fraud, in its most general definition, is a deliberate act performed with the purpose of deception and for the purpose of obtaining benefits. It is among the most committed crimes in our country after the crime of theft Decriminalized. In this context, this crime is included in the crimes against property in the Turkish Penal Code. The qualified fraud crime is that the crime is committed by using religion, the dangerous situation in which the person is, the ability to perceive, public institutions and organizations, the information system, the press and professions as tools. Qualified fraud;
Using religious beliefs,
Using the dangerous situation and difficult conditions in which the person is located,
Using the weakness in the person’s ability to perceive,
Using public institutions and organizations,
To the detriment of public institutions and organizations,
Using information systems as tools,
Using banks or credit institutions as vehicles,
Using the press and publication tools as tools,
Using the trust in the professions,
In order to ensure the opening of a loan that should not be allocated by a bank or other credit institutions,
In order to receive the cost of insurance,
By introducing the person as a public official or an employee of banks, insurance or credit institutions, or saying that he is associated with these institutions and organizations,
That he has a relationship with public officials, that he is important to them, with a bet and the promise that a certain job will be performed
in case of processing, TCK 158. it occurs within the scope of the article. Considering the rapid development of social media tools and technology today, and the fact that the interaction between people has increased rapidly in parallel, it is inevitable that there will be an increase in fraud Decriminalization. Now, simple and classic crimes such as theft and looting have been replaced by complex crimes such as fraud, which are committed more insidiously, especially using these new technological developments.
The crime of fraud is a crime in which the perpetrator, who aims to obtain the values of someone else’s assets, uses fraud as a means to achieve this goal, and as a result of fraudulent actions as a means, receives an unfair benefit related to his assets in favor of himself or a third party, to the detriment of the person or someone else who is the addressee of fraudulent behavior. The crime requires a number of fraudulent behaviors of the perpetrator. These fraudulent behaviors are carried out in order to deceive the client into handing over the value of an asset to him. The perpetrator thus gains a benefit in favor of himself or someone else, and this happens to the detriment of the victim.
Crime and punishment of fraud TCK 157. it is regulated in the article. TCK 157. in the article, the simple version of the crime of fraud is ruled. 158. the crime of qualified fraud in the article, 159. in its article, on the other hand, it has regulated fraud as a state that requires a lesser penalty if it is committed for the purpose of collecting what it will receive based on a legal relationship.
You can reach our other articles, sample decisions and petitions by clicking here