Introduction: Why is Criminal Law One of the Most Frequently Discussed Areas of Law?

In Turkey, hundreds of thousands of people each year have to apply to the courts, file complaints, or defend themselves against crimes under criminal law.
Criminal law is one of the most sensitive areas because it directly affects a person's freedom, reputation, and financial assets.

The questions that citizens are most curious about are:

• How does the crime of fraud occur?

• What is the complaint period in days?

• What words constitute an insult?

• How can a threat be proven?

• Is insulting someone on social media a crime?

• Do I have to give a statement at the police station?

• Will the case be dropped if I withdraw my complaint?

• What evidence is required for acquittal?

This article explains the most frequently asked questions about crimes in criminal law in detail, with a clear and professional perspective.

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I. Fraud Crime (Turkish Penal Code Articles 157–158)

Fraud is deceiving someone through dishonest means, causing them financial loss.

Elements that constitute fraud:

1. Cheat

2. Cheat

3. The victim's mistake

4. The occurrence of property damage

Simple Fraud (Turkish Penal Code Article 157)

Penalty:
➡ Imprisonment from 1 to 5 years
➡ Judicial fine

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Qualified Fraud (Turkish Penal Code Article 158)

Aggravating circumstances:

• Committing a crime against a public institution

• Through information systems

• Using the banking system as a tool

• Exploitation of religious feelings

• Acting like a public official

• By a trader or company manager

Penalties:
➡ Imprisonment from 4 to 10 years
➡ Heavy fines
➡ Penalties increase if committed via cybercrime

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Fraud through Information Technology

This is the most common type of fraud:

• Instagram sales page scam

• Crypto-forex investment traps

• Requesting money via WhatsApp

• Shipping payment link scam

• Fake call center

• Bank card information theft

In these crimes, IP addresses, bank records, and call records are considered evidence.

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II. The Crime of Insult (Turkish Penal Code Article 125)

Insult is the act of saying things to someone that damage their honor, dignity, and reputation.

Statements considered offensive:

• Swear

• Humiliation

• Discrediting

• defamatory accusations

• Attack on personal rights

According to the Supreme Court of Turkey,
"Any statement that belittles a person or diminishes their value in society constitutes an insult."

Insult on Social Media

• Comment

• Tweet

• DM

• Instagram message

• TikTok comment

This could constitute the crime of defamation.

Complaint period:
➡ 6 MONTHS

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Penalties for the Crime of Insult

• 3 months to 2 years imprisonment

• Judicial fine

• The penalty is increased if the crime is committed against a public official

Any form of communication, whether audio, written, or visual, can be the subject of a defamation offense.

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III. The Crime of Threat (Turkish Penal Code Article 106)

It is a crime to threaten someone by saying that they or a loved one will be harmed.

Examples of threats:

• "I'll kill you"

• "I will harm your family."

• "You'll get yourself into trouble."

• "I'll burn the house down."

Punishment for simple threats:

• 6 months to 2 years imprisonment

Threat with a weapon:

• The sentence is between 2 and 5 years

Threats made via social mediaare considered an aggravating circumstance according to the Supreme Court.

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IV. Crime of Damaging Property (Turkish Penal Code Articles 151–152)

Damaging, breaking, destroying, or vandalizing someone's property is a crime.

Examples:

• Car scratches

• Phone breakage

• Destruction of household goods

• The door is broken

Penalty:
➡ Imprisonment from 4 months to 3 years
. The penalty increases in aggravating circumstances.

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V. Electronic Evidence: WhatsApp, Camera, Voice Recording, HTS

Today, 90% of criminal cases are conducted using electronic evidence.

Valid evidence:

• WhatsApp messages

• SMS

• Camera recordings

• Photos

• Email records

• HTS records

• Bank transactions

Illegally obtained evidence is invalid

• Candid camera

• Secret audio recording

• Unauthorized monitoring of someone else's phone

• Secret recording of the spouse

The Supreme Court only accepts as legally valid audio recordings made "for the purpose of self-defense."

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VI. Complaint Periods – The Most Common Mistake

Most offenses are subject to complaint and the time limit is 6 months

This period;

➡ It starts running from the day the crime and the perpetrator are discovered.

If someone is kidnapped, no charges can be brought.

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VII. The Role of the Lawyer in Criminal Cases

A criminal defense lawyer should follow these strategic steps:

1. To subject the event to a legal classification

2. Analyzing the material elements of the crime

3. Gathering evidence

4. Requesting HTS-bank-IP records

5. Preparing witness statements

6. Managing the expression professionally

7. To present a comprehensive defense against the opinion

8. To evaluate mitigating circumstances such as provocation and good conduct

9. Requesting a technical report (in cybercrime cases)

These steps directly influence the outcome of the trial.

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VIII. The Most Common Mistakes in Fraud, Defamation, and Threat Crimes

Mistakes made by victims:

• Making the complaint late

• To erase evidence

• To give a false statement

• Misidentifying the perpetrator

• Misinterpreting the compromise

Mistakes made by the suspects:

• Giving contradictory statements out of panic

• Giving a statement without a lawyer present

• Writing messages that admit guilt

• Sending angry threatening/insulting messages

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IX. Mediation – The Salvation Mechanism in Criminal Cases

Some crimes, including fraud, defamation, threats, and property damage, mediation .

In mediation:

• The case will be closed if the parties reach an agreement

• The defendant will not be punished

• No criminal record will be created

• The victim can receive compensation

• The process takes 1-2 weeks

It is the quickest solution in terms of criminal law.

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Conditions for Acquittal in Criminal Case X

For a person to be acquitted:

• The elements of the crime must not have been met

• The evidence must be insufficient

• The victim's claim must not have been proven

• The perpetrator must not have had intent

• The principle that the defendant benefits from the doubt should be applied

Even "reasonable doubt" is sufficient for acquittal.

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XI. Social Media Crimes – New Generation Criminal Disputes

Today, almost all crimes are committed in the digital environment.

The most common social media crimes:

• Insult

• Threatening

• Qualified fraud

• Violation of privacy

• Disclosure of personal data

• Blackmail

• Reputation assassination using a fake account

Cyber ​​police investigations play a major role in these crimes

Conclusion

Criminal law requires great sensitivity because it directly affects the freedom and rights of individuals.
In crimes such as fraud, defamation, threats, and property damage, both victims and suspects can protect their rights through the right legal steps.

The right evidence, the right timing, and a professional defense are vital in criminal cases.