Committing the Crime of Fraud by Exploiting Religious Beliefs and Feelings (158/1-a)
It is the use of religion, religious beliefs and feelings, feelings of doing good deeds as a means of deception. The religion or sect used as a means of deception does not matter which one it is.
Day and punishment of the General Assembly of 02/04/2013 2012/6-1556-2013/109 – in the year of the decision; used as a tool of deception, “for the funeral prayer or recite the Holy Quran, zakat payment of the debt of the deceased and then related to the religious beliefs and feelings of respect in the direction of the victim and the perpetrator are deceived and considered to be effective in providing benefits through the exploitation of religious beliefs and feelings of action it has been recognized that creates the crime of fraud. Again, the Supreme Court considers the act of taking money by introducing himself as a teacher and writing amulets, the act of taking money to break the spell by informing him that a spell has been cast, the act of taking money under the pretext of magic and fortune-telling, the act of taking money in the face of reading prayers under the pretext of healing to be covered by this paragraph.
Committing the Crime of Fraud by Taking Advantage of the Dangerous Situation or Difficult Conditions the Person Is In (158/1-b)
A person’s dangerous situation or difficult circumstances are the times when they need to trust others the most and are also the most susceptible to being deceived. The Court of Cassation points out that in order for this qualified form of the crime to be applied, the situation in which the victim is located must be of a nature that can be accepted within the scope of “dangerous or difficult conditions” in a real and close sense.(15.CD . 23/01/2013, 18168/1054)
“The phrase ”difficult conditions” contained in Article 158/1-b of the Turkish Penal Code is a phrase that should be evaluated on the basis of the victim. Whether the victim is in difficult conditions should be evaluated subjectively, eventually and on the basis of the victim. Accordingly, the virtual persuasions of the accused that the victim is in difficulty or that the victim is in difficulty will not be evaluated within the scope of this article, if the victim thinks that he is in difficulty, even though he is not in a difficult situation in reality. The victim targeted by the accused, according to the circumstances of the incident, is in a state of desperation, remains more vulnerable under this psychological pressure and in this sense needs a helping hand to reach out to him more than ever. In this context,; exposure to a traffic accident, the person, himself or someone close to him while on treatment in the hospital for various reasons need help for the emergency and intensive, physically and spiritually needy in the situation after the earthquake disaster, under difficult circumstances that may be considered examples include, but every in a car accident, or any person under difficult circumstances should not be accepted. The event in question occurred at the time, the size of an illness or injury in the event of the person who is exposed to the economic and social situation, the degree of involvement in the incident, the process of the development of the event, the defendant’s action and the timing of such issues as style, instantly, should be regarded as the benchmark in determining whether the person is in a difficult situation.” (15. CD. 13.02.2017, 15895/5902)
Committing the Crime of Fraud by Taking Advantage of the Weakness of the Person’s Perception Ability (158/1-c)
In order to apply this qualification, the victim must have a poor ability to perceive, understand and evaluate due to reasons such as low or advanced age, mental illness, deafness and dumbness, drunkenness, drug use, and he must have been deceived by using a trick against this person. It is necessary to investigate whether the situations in question have weakened the perception ability in terms of the concrete event. In cases where it is alleged that a fraud crime has been committed against deaf and dumb people, it is necessary to investigate and determine whether this situation weakens the victim’s perception ability. The state of “weakness of perception ability” mentioned in the article should be determined by the court in the concrete case according to the report to be received from a specialist physician or forensic medicine specialist.
The Commission of the crime of Fraud by Using Public Institutions and Organizations, Public Professional Organizations, Political Parties, Foundations or Association Legal Entities as Tools
When we say public institution, state legal personality, provincial special administrations, municipalities, villages, universities, SOEs, Higher Education Institution, Turkish Radio and Television Institution, Atatürk Culture, Language and History Institution and organizations with added budget come to mind. However, although the notary’s office and the lawyer’s office do not perform public services, they are not public institutions.
For the implementation of this qualified state, it is necessary to use the listed organizations as tools, and there is no need to commit fraud to their detriment. The important thing here is that these institutions are used as tools, as intermediaries. Even if the action is carried out to the detriment of public institutions, the provisions of paragraph e, not the provisions of paragraph d, will be applied.
The presentation of the identity document belonging to these institutions, the use of printed documents, receipts, and vehicles will create an idea on the victim about what came from the institution and will facilitate his deception. According to the ongoing practice of the Court of Cassation, in the event that a negotiable instrument is issued by the perpetrator as a fake and then put into execution, it is accepted that the act constitutes a crime of fraud by making the enforcement office, which is a public institution, an intermediary with a fake document.
If fraud is committed by using an identity card, using a traffic registration document, using a vehicle license plate, using a lawyer’s identity card in a Court of Cassation case, the provisions of this paragraph will apply.
Committing the Crime of Fraud to the Detriment of Public Institutions and Organizations
In order for this aggravating reason to be in question, the act of fraud must be committed in order to damage the assets of public institutions and organizations. Damage to the assets of public institutions and organizations may be in the form of receiving money that they are not entitled to from that organization, or it may be in the form of not giving the organization a debt that actually exists.
The crime of fraud to the detriment of public institutions and organizations can be committed by people who are public officials, as well as by those who are not public officials. In the fraud crime committed to the detriment of the public institution and organization, the victim of the crime is the employee of the institution who is deceived and whose will is crippled, while the person who is harmed by the crime is the legal entity of the public institution and organization.
After a divorce with a legally valid decision, the spouses’ coexistence cannot be proof that the divorce was made for the purpose of receiving a salary and fraudulent behavior, as a matter of fact, Law No. 5560 Dec. 56. in the article, it is stated that the income and pension of the persons whose condition is detected will be cut and the amounts paid will be recovered, there is no criminal regulation in this regard, the perpetrators’ actions are in the nature of a legal dispute, therefore, the legal elements of the fraud crime are not formed, for someone who is trying to be examined with someone else’s medical report card, the cheating element does not occur when the doctor who controls it understands the situation at first glance, therefore, the crime does not occur.
Committing the Crime of Fraud by Using Information Systems, Banks or Credit Institutions as Tools
Since there can be no talk of cheating the system in fraud through the information system, there is a deception of people using this system through this system. For this reason, by finding some vulnerabilities in the system, benefiting by entering the system as if there are some things, it will be able to constitute a crime of theft, not a crime of fraud, because the fraudulent act is not made against a person.
Usually, it is the case to apply this clause in cases where the product is not sent despite the fact that the money is sent and the advertisement is placed to sell something over the Internet. In the case of using a bank or credit institution as a vehicle, the damage is not caused by the bank or credit institution, but by using these institutions, damage is caused to third parties. The banks only if it is not a means of payment that is used as a means of fraudulent transactions, the effect in the absence of deception, fraud, deception in the element following the use of the defendant in the act of sending money through the Bank of deception the bank’s role in the realization of the absence of a means of payment in the case of considering the action that creates the crime stipulated in Article 157 of the Penal Code No. 5237 of fraud is accepted.
Committing the Crime of Fraud by Taking Advantage of the Convenience Provided by the Press and Publication Tools
In accordance with Article 158/1-g of the Turkish Penal Code, it has been determined as a qualified state to commit a fraud crime by taking advantage of the convenience provided by the press and publishing tools. In order for this qualified state to be applied, the press and publication tools must have provided a special convenience in the commission of the crime of fraud. The press and publication tools can be used by people who are members of the press to commit this crime, as well as by people who are not members of the press.
In order for this qualified state to be applied, the press and publication tools must have provided a special convenience in the commission of the crime of fraud. The press and publication tools can be used by people who are members of the press to commit this crime, as well as by people who are not members of the press. For example, if you advertise in newspapers saying, “this amount of money is needed to save the life of a person with cancer,” collect charity, or broadcast on television, “we are building a school in this village,” or deceive people by announcing that a hospital will be built, this qualification should be applied. As an example of the application of this bent, “the newspaper owner who said that he would give coupon for television, all over the newspapers, said it would increase the price hasn’t done a deal with and distribute television, and the day promised to deliver on action” has been given.
The decisions of the Court of Cassation regarding the application of this qualified state show differences. In some decisions, the announcement given by the perpetrator to the newspaper or the Internet only helps to reach the victim, and since it does not facilitate the realization of fraudulent movements and deception of the victim, the TCK No. 5327 of the action.nin 157. according to the article, it constitutes the crime of “simple fraud”, and in some decisions, the action is determined by the TCK No. 5237.he accepted that article 158/1-g was formed.
The Crime of Fraud is Committed During the Commercial Activities of Persons Who are Merchants or Company Managers or Acting on Behalf of the Company, or Within the Scope of the Cooperative’s Activities of Cooperative Managers (158/1-h)
In the aforementioned article, two types of crimes are envisaged. One of them is fraud during commercial activity; the other is fraud within the scope of the cooperative’s activity. This crime is a specific crime. Only the company manager, who is a trader, or the persons acting on behalf of the company, or the cooperative managers can commit this crime. There is no possibility for those outside of them to commit this crime.
In order for this qualified state to occur, it is not enough for the perpetrator to be a trader or a company manager or someone acting on behalf of the company. At the same time, the act of a deceptive nature must have been committed during its commercial activities. Particular profession or livelihood and the economic interests of legal persons, including specific workforce needs and partners with funding, mutual aid, solidarity and bail depends and varies by whether partner established by natural and legal persons in order to protect-owned cooperative partnerships is called.
The Crime of Fraud Is Committed by Self-Employed Persons by Abusing the Trust Placed in Them Due to Their Profession (158/1-i)
The perpetrators of this crime can only be people who are self-employed. Then, people who are not actually self-employed will not be the perpetrators of this crime. They are freelance physicians, financial consultants, architects, engineers, self-employed civil servants who work independently of anyone else. Merchants, tradesmen, they are not self-employed officers.
However, a person is self-employed, even though removing the forefront of the profession, the profession because of the fraudulent behaviour by a person without confidence treats in this case, if simple in the event of fraud, shall not apply to qualified Hal.
Committing the Crime of Fraud in Order to Ensure the Opening of a Loan that Should Not be Allocated by a Bank or Other Credit Institutions (158/1-j)
Fraud of the bank for all types of transactions does not require the implementation of this qualified form. Only in case of fraud by the bank or other credit institutions in order to ensure the allocation of a loan, this qualified state will be applied.
For the implementation of this qualified state, for the allocation of a loan from a bank or credit institution, it is not enough to commit fraud. In order for a loan to be allocated that should not be allocated, it is necessary to commit fraud. If, in fact, it is normally possible to allocate a loan to someone who is in the conditions of the perpetrator, while the perpetrator receives the loan by showing his conditions to be higher, this qualified state will not be applied.
For the implementation of this qualified state, the person who obtained the loan must have deceived the officials of the bank and other credit institutions by deception. Otherwise, this qualified state is not applied in case of loan allocation as a result of error of officials without any tricks.
Committing a Crime of Fraud in Order to Receive the Insurance Fee (158/1-k)
In order for this qualified state to be applied, the insurance company must have been defrauded and the insurance price to which it is not entitled must have been partially or completely taken. Here, the employee of the insurance company who will decide on paying the cheated insurance price, if the person is harmed by the crime, it is the insurance company that will pay.
In order for a crime to occur, in order to receive the insurance price, they must receive or attempt to receive this price with fake transactions and documents, claiming that the damage has occurred. Enforcement actions of the crime will not begin unless the documents related to the incident are submitted to the insurance agency. Destroying, burning, spoiling, destroying the insured property of the perpetrator in order to get the insurance price is a heavy lie and fraud aimed at deceiving. In this way, the crime of fraud occurs if the insurance price is taken.
The Crime of Fraud is Committed by a Person by Introducing Himself as a Public Official or an Employee of Banks, Insurance or Credit Institutions (158/1-l)
This qualified state is included in paragraph 14 of the Law dated 24.11.2016 and numbered 6763. added with substance. 157 of the Turkish Penal Code for actions before this date. It should be noted that it will be evaluated within the scope of the Article and the reconciliation provisions will be applied. With the regulation, the telephone fraud acts, which have been widely seen in recent periods and reflected in the media, are intended to be punished more. In order for this qualified state to be applied, the person must introduce himself as a person with the specified qualifications or say that he is associated with the specified institutions or organizations and be used as a tool to deceive in this way.
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