BANK AND CREDIT CARD MISUSE

Technological advancements and their adaptation to society lead to many innovations. Indeed, the scope of each innovation expands over time. The proliferation of economic activities in digital environments and the ability of all sectors to operate in virtual spaces can be cited as examples of this. In particular, the frequent use of credit and debit cards in digital environments has brought with it a number of problems, and cybercrimes such as credit card fraud have become widespread.

The principles regarding the unauthorized or misuse of bank or credit cards are expressed in Article 245, paragraph 1 of the Turkish Penal Code as follows: “ Anyone who obtains or possesses a bank or credit card belonging to another person, in any way whatsoever, and uses or causes it to be used without the consent of the cardholder or the person to whom the card should have been given, thereby gaining benefit for himself or another person, shall be punished with imprisonment from three to six years and a judicial fine of up to five thousand days.”

Crimes committed using computers, POS machines, mobile phones, and all kinds of technology fall under the category of cybercrimes within the scope of information law. Bank and credit cards in the Bank Cards and Credit Cards Law No. 5464. Accordingly;

A bank card, including the use of deposit accounts or private current accounts.

A credit card is a printed card or a card number without a physical presence that allows the purchase of goods and services or cash withdrawals without the need for cash .

The act of both obtaining a credit card and making transactions with it using the victim's personal information  under cybercrime regulations, depending on the nature of the act. In this specific case, obtaining the credit card from the bank constitutes a separate cybercrime (Turkish Penal Code Article 245/2), and the misuse of the credit card constitutes another separate cybercrime (Turkish Penal Code Article 245/3). The defendant should be punished separately for both cybercrimes (Supreme Court of Appeals, 8th Criminal Chamber – Decision No: 2015/2260).

Indeed, while stealing or unauthorized using a credit card is a crime, misuse of credit card information also constitutes a separate offense. Therefore, in combating cybercrimes, victims need the support of a cyber lawyer who is experienced, possesses analytical thinking skills, and has expertise in various legal fields to defend their rights

For more information on this matter and for any other questions, please contact the lawyers at our firm.