Evolution of Fraud in a Digitalised World
With the penetration of technology into all areas of life, crime types have also adapted to this new order. Fraud is perhaps the type of crime that has achieved this adaptation in the fastest and most “creative” way. Every day in the media, we come across headlines such as “police-prosecutor fraud”, “fake e-commerce website scam” or “cryptocurrency fraud”. This situation shows that fraud is no longer just a simple act of deception, but has taken on a complex and organised structure. In this article, we will discuss in detail the legal definition of the offence of fraud, the most common types of fraud and the process of claiming rights of victims.
Basic Elements of the Offence of Fraud (TCK 157)
In order for an act to be considered a fraud offence, the four basic elements specified in the law must be present together:
- Fraudulent Behaviour: It is a set of deceptive actions exhibited by the perpetrator in order to mislead the victim. The deception must be of such a nature as to neutralise the victim’s ability to reason and to eliminate the possibility of control. A simple lie is generally not accepted as a deception according to the jurisprudence of the Court of Cassation; it is required that the deception reaches a certain intensity and mastery.
- Deception As a result of fraudulent behaviour, a misconception occurs in the victim’s mind. The victim must act by believing in the false reality created by the perpetrator.
- Harm: It is the loss of property of the victim or a third person as a result of the deception. This damage may be a tangible loss of money or deprivation of a right with economic value.
- Benefit: The perpetrator provides an unfair benefit to himself or someone else in return for the victim’s loss.
With the realisation of all of these elements, the offence of simple fraud occurs and the perpetrator is punished with imprisonment from one year to five years and a judicial fine.
Qualified Fraud: Conditions Increasing the Penalty (TCK 158)
The legislator has punished some acts of fraud more severely, taking into account factors such as the manner in which the offence was committed, the means used or the situation of the victim. The vast majority of cases reported in the media fall within this scope:
- Use of Information Systems, Banking or Credit Institutions as Instruments: It is the most common type today. Offences committed through fake websites, phishing attacks, fake mobile applications or internet banking fall under this category. In this case, the lower limit of the penalty increases to four years and the judicial fine cannot be less than twice the benefit obtained.
- Using Public Institutions and Organisations as a Tool: The perpetrator deceives the victim by using the name, document or reputation of a public institution. Offences committed by introducing himself as a police officer, prosecutor, tax officer are examples of this qualification.
- Benefiting from the Facility Provided by the Press and Broadcasting Tools: Frauds committed by collecting a deposit with false advertisements (house for rent, car for sale, etc.) given through newspapers, television or general network (internet) are within this scope.
- Benefiting from the Difficult Conditions of the Person: Acts of fraud committed by taking advantage of a difficult situation of the victim such as illness, old age, natural disaster are punished more severely.
- Exploitation of Religious Beliefs and Emotions: Obtaining benefits by exploiting people’s religious feelings with promises such as “selling land from heaven” and “breaking spells” is also a qualified case.
Legal Roadmap for Fraud Victims
As soon as you realise that you are a victim of fraud, it is critical to take action without panic and without wasting time.
- Collect and Secure Evidence: Collect all digital and physical evidence related to the incident such as bank receipts, EFT records, phone call transcripts (the prosecutor’s office will request HTS records), e-mail correspondence, SMS messages, screenshots of the website.
- File a Criminal Complaint: Go to the nearest Public Prosecutor’s Office or law enforcement units (Police Station, Gendarmerie Station) with the evidence you have collected and file a complaint. In your petition, describe the incident chronologically and in full detail.
- Contact Your Bank: If a bank transfer is involved, contact your bank immediately to inform them of the situation and request cancellation of the transaction or withdrawal of the money. Whilst this is not always possible, acting quickly can improve the chances.
- Seek Expert Legal Advice: Fraud offences, especially qualifying fraud offences, involve complex technical and legal details. Getting support from a criminal lawyer from the beginning of the process is vital for the correct presentation of evidence, effective follow-up of the investigation and full protection of your rights.
Fraud is a dynamic crime area where perpetrators constantly develop new methods. Individual awareness and digital literacy are as important as legal regulations and law enforcement operations in combating this crime. Being cautious against suspicious situations, protecting personal information and not hesitating to take legal action in case of any victimisation is the most effective defence mechanism against this modern age threat.