Fraud Crimes Committed Using Information Systems

1. Introduction

With the rapid advancement of technology, the presence of individuals and institutions in digital environments has increased, and economic transactions, information sharing, and social interaction have largely shifted to information systems. These developments have also made it possible for various types of crimes to be committed on digital platforms. Fraud crimes, in particular, have become increasingly common, taking advantage of the wide accessibility and anonymity offered by information systems.

This article will examine in detail the crimes of fraud committed through the use of information systems under the Turkish Penal Code ; the elements of the crime, Supreme Court precedents, practical problems, and proposed solutions will be evaluated.

2. Fraud Crime: General Framework (Turkish Penal Code Articles 157 and 158)

Fraud, Article 157 of the Turkish Penal Code, is the crime of deceiving someone through fraudulent conduct, causing damage to their property, and the perpetrator obtaining a benefit from this.

Article 158/1-f of the Turkish Penal Code considers this crime as aggravated fraud when committed using information systems and is subject to a more severe penalty.

Fraud offenses committed "by using information systems, banks or credit institutions as tools..." are punishable by imprisonment from 3 to 10 years and a judicial fine of up to 5,000 days.

3. What is an Information System?

An information systemis the entirety of hardware, software, and communication infrastructure that enables the collection, storage, processing, and transmission of data. In Turkish law, the definition of an information system is found in Article 243 of the Turkish Penal Code, but has been further clarified through case law.

The use of information systems in the commission of crimes:

Computer,
Mobile device,
Email,
Social media platforms,
It means using digital tools, such as websites, as a means to an end

4. Elements of the Crime and its Connection to Information Systems

4.1. Fraudulent Conduct

The defendant's act of providing false information on a digital platform, using a fake identity, or promising to sell a non-existent product with the intention of deceiving the victim is considered an element of fraud.

Example: Organizing fake giveaways on social media, collecting personal information, and then soliciting money.

4.2. Deception and the Will of the Victim

The deception must impair the victim's free will. In other words, the victim would not have committed the act if there had been no deception. Communication via information technology is critically important in this regard.

4.3. Damages and Unfair Advantage

The victim must experience a decrease in their assets, and the perpetrator or a third party must thereby gain an unfair advantage.

5. Application Examples

The most common examples of fraud crimes committed using information systems are as follows:

Fake E-commerce Websites: Selling products that don't actually exist.
Phishing: Obtaining passwords or credit card information by using the name of a bank or institution.
Crimes of Persuasion on Social Media: Creating fake accounts using the names of well-known individuals and soliciting help.
Mobile App Fraud: Hidden charges being deducted from users.
Cryptocurrency Scam: Promising investments through coins or platforms that don't actually exist.

6. Court of Appeals Practice and Case Law

These decisions demonstrate that in cyber fraud cases, the intensity of intent, the complexity of the deceptive scheme , and the reality of the victim's harm are considered, as well as the technical tools used by the perpetrator.

7. Attempted Crime and Participation in Crimes

7.1. Enterprise

If the defendant attempted to deceive the victim but the victim did not take action, the crime remains at the attempted stage

7.2. Participation

Individuals who set up fraudulent systems, provided software support, or were involved in planning them may also co-perpetrators, instigators , or accomplices .

8. Effective Repentance Application

Under Article 168 of the Turkish Penal Code, the provisions on effective repentance can also be applied to fraud crimes committed through information technology. If the victim's losses are fully compensated after the crime is committed:

during the investigation phase .
A one-third reduction may be applied during the prosecution phase

However, partial compensation for the damage is not sufficient to qualify for this discount.

9. Problems in Implementation

9.1. Identifying the Perpetrator

Identifying the perpetrator is difficult due to factors such as IP address, MAC address, and the erasure of digital traces.

9.2. Evidence Collection

The rapid provision of social media content or bank statements can directly influence the judicial process.

9.3. The Victim's Contribution to the Crime

Sometimes, the victim's carelessness, conscious consent, or actions supporting the intent to commit the crime complicate the assessment.

10. Evaluation and Conclusion

Fraud crimes committed using information systems are among the most common and dangerous types of crime in the digital age. Factors such as anonymity, rapid access, and low cost facilitate the spread of this crime. The classification of these crimes as aggravated offenses under Article 158/1-f of the Turkish Penal Code is based on the fact that the perpetrator undermines public trust by misusing technology.

However, the secure collection of technical evidence, the level of expertise in expert examinations, and effective punishment and deterrence are vital in combating these crimes.

Furthermore, public authorities need to increase their awareness campaigns regarding internet users , emphasizing the importance of not making payments outside of official channels and not sharing personal data

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