Perpetrator
In the sense of criminal law, the person who commits the unlawful act is the perpetrator of the crime. No characteristics have been sought to be the perpetrator of the fraud crime. Since this crime is not a perpetrator-specific crime, anyone can be a perpetrator. Legal entities cannot be the perpetrators of this crime. But TCK 169. in accordance with the article, if unfair benefits are provided for the benefit of a legal entity, a security measure specific to them is imposed.
If a public official benefits from fraudulent behavior by abusing the influence provided by his position, an irticap crime, not a fraud crime, will occur. However, there will be a crime of fraud if a public official benefits from his position without abusing the influence provided by his position.
Victim
The victim is the person or persons directly affected by the act that constitutes the crime. In other words, the victim is the owner of the legal interests protected by the criminal norm and violated by the crime, that is, forming the legal subject of the crime. Anyone can be a victim of a fraud crime. However, the person who is deceived and the person whose assets are damaged may be different. While the victim of a fraud crime must be a natural person, it can also be a legal person who is harmed by the crime. In the crime of fraud, the victim must be specific or identifiable.
LEGAL SUBJECT OF THE CRIME
The legal subject of the crime is the protection of the property right of the primary person and the interests related to his assets. Freedom of will is also protected as the person’s ability to make decisions freely is taken away with the crime of fraud. In human relations based on goodwill and trust, goodwill and trust are also the legal subject of the crime due to the conduct of the opposite.
According to the Supreme Court, “two legal issues are protected by the crime of fraud. One is the freedom of the human will, and the second is the assets and interests related to its existence.” (General Assembly of the Criminal Court of Cassation 07.02.2006 129/13)
Verb
In order for the crime of fraud to occur, a real person must have been deceived by fraudulent behavior. In order for an action to be considered cheating, the person’s will must be mutilated and the truth must be hidden or shown differently in some way. In this regard, any action that cripples the victim’s will is considered cheating; therefore, it does not matter with which movement the action is performed.
Cheating can occur with an executive action, as well as negligence can occur with an action. However, in this case, in order for the fraud crime to occur, the person must have the obligation to inform the party who made the mistake.
In order for us to talk about the crime of fraud, except for the fraudulent act, the victim must have been deceived. In order for the victim to be deceived, he must have done something that he would not normally have done if he had not made a mistake because he was made a mistake. In short, whether the victim will be considered deceived will be determined by the personal characteristics of the victim. In the crime of fraud, the perpetrator must benefit himself or someone else by deceiving the victim as a result of the fraudulent act of the perpetrator; to the detriment of the victim or someone else.
THE SPIRITUAL ELEMENT
When the spiritual element is mentioned, it is mentioned whether the crime was committed intentionally or by installment. The crime of fraud is one of the crimes that can only be committed intentionally, it is not possible to commit it by installment. In this case, the perpetrator is knowingly and willingly taking action. It is also possible to commit a fraud crime with possible caste.
QUALIFIED ELEMENTS
Article 158 of the Turkish Penal Code defines qualified fraud as “the crime of fraud”.;
By exploiting religious beliefs and feelings,
By taking advantage of the dangerous situation or difficult conditions in which the person is located,
By taking advantage of the weakness of the person’s ability to perceive,
By using the legal entities of public institutions and organizations, public professional organizations, political parties, foundations or associations as vehicles,
To the detriment of public institutions and organizations,
By using information systems, banks or credit institutions as tools,
By taking advantage of the convenience provided by the press and publication tools,
During the commercial activities of persons who are merchants or company managers or who act on behalf of the company; within the scope of the cooperative’s activities of cooperative managers,
By self-employed persons, through the abuse of the trust placed in them by virtue of their profession,
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, by betting and deceiving them with the promise that a certain job will be performed,
If it is committed, it is sentenced to imprisonment from three to ten years and a judicial fine of up to five thousand days. However, in the cases listed in paragraphs (e), (f), (j), (k) and (l), the lower limit of the prison sentence cannot be less than four years and the amount of the judicial fine cannot be less than twice the benefit obtained from the crime.
With this article 157. in the item of the crimes, the penalty to be imposed if three or more people is committed by fifty percent; crime if it is committed within the framework of the activities of an organization established for the penalty to be imposed shall be doubled.” is edited as.
In order to be able to talk about the qualified state of the fraud crime, first of all, the crime must bear the conditions sought in its simple form. Accordingly, the commission of the crime of fraud by becoming an intermediary of credit institutions is considered among the qualified cases of the Decriminalization of the crime. The important thing here is not to obtain the victim’s deposits in credit institutions; the perpetrator includes credit institutions in his fraudulent behavior that he uses to deceive the victim, and uses these institutions to deceive the victim.
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