Article 157 of the Turkish Penal Code – Simple Fraud Crime

Entrance

Fraud is regulated under Article 157 of the Turkish Penal Code, "simple fraud ." It is one of the most frequently encountered types of economic crimes. The legal value protected by this crime is not only the property of individuals but also the sense of social trust. Because fraud not only causes economic harm to the victim but also damages the relationship of mutual trust in society.

Legal Regulation

Turkish Penal Code Article 157:
“A person who deceives someone by fraudulent conduct and thereby causes harm to that person or another, and gains benefit for himself or another, shall be punished with imprisonment from one to five years and a judicial fine of up to five thousand days.”

As can be understood from the text of the law, three elements must be present simultaneously for the crime to occur:

Deceptive behavior,
Deception and misleading the victim's will,
A causal link between the harm and the perpetrator's benefit.

Perpetrator and Victim

Anyone can be the perpetrator of fraud ; this crime is not unique to a specific individual. The perpetrator is the person who engages in deceptive behavior capable of misleading the victim. The victim is the person whose will has been impaired due to the deceptive behavior and who has suffered financial loss as a result. The victim can be a natural person or a legal entity.

Material Elements of the Crime

1. Fraudulent Behavior

The fundamental element of the crime deception. Deception is more than simply telling a lie. The perpetrator must engage in actions that are deceptive, skillful, intense, and systematic to the extent that they can influence the victim's will.

For example, forging documents, using someone else's identity, or falsely presenting a company or product that doesn't exist are all fraudulent acts. Simple lies or minor deceptions that the victim can easily detect are not considered fraud.

2. Deception and Impaired Will

Fraudulent conduct must genuinely deceive the victim and impair their free will. As frequently emphasized in Supreme Court rulings, it must be of a nature that would allow the victim to be deceived even with average care and attention .

3. Risks and Benefits

For a crime to occur, the victim or a third party must suffer damage to their property, and the perpetrator or another person must benefit from it. The benefit obtained by the perpetrator must be unlawful.

Spiritual Element

Fraud is a crime that can only be committed intentionally. The perpetrator's aim is to obtain an unfair advantage by deceiving the victim. It cannot be committed through negligence or carelessness.

Enterprise and Participation

If the perpetrator's fraudulent actions were sufficient to deceive the victim but no benefit was obtained, the provisions for attempted fraud apply.
If more than one person acts together, the provisions for complicity come into play. This is particularly important in cases of organized fraud.

Punishment and Sanctions

According to Article 157 of the Turkish Penal Code, the penalty for simple fraud imprisonment for 1 to 5 years and a judicial fine of up to 5,000 days.
The prison sentence for this crime is usually suspended, and the pronouncement of the sentence may be deferred (HAGB). However, compensation for the damage suffered by the victim is crucial in this matter.

Supreme Court Practice

According to the established precedents of the Supreme Court:

Simple lies do not constitute fraud.
The intensity and deceptive nature of the deception are assessed.
The victim must be deceived despite exercising average care and attention.

📌 Supreme Court 15th Criminal Chamber, Case No. 2016/2983 E., Decision No. 2018/5674 K.
The defendant's act of forging a promissory note and pretending to be a creditor when not actually indebted was deemed fraud under Article 157 of the Turkish Penal Code.

📌 The 11th Criminal Chamber of the Supreme Court of Appeals, Case No. 2017/6542 E., Decision No. 2019/3421 K.,
ruled that the defendant's act of deceiving the victim with the promise of a "high-yield investment" and taking their money constituted simple fraud.

Concrete Cases

Event 1

Defendant A. sold the victim a worthless item for a high price, claiming to possess a "very valuable antique." This incident involves fraudulent conduct; the victim was deceived, and the defendant gained an unfair advantage. The crime of simple fraud falls under Article 157 of the Turkish Penal Code.

Event 2

The defendant, B., asked his friend for a loan, saying, "I'll pay it back when I get my salary." However, he had no real intention of paying it back. The victim was deceived and gave him the money. This incident is an example of fraud.

Event 3

The defendant, C., showed the victim a forged title deed and attempted to sell a non-existent plot of land. The victim paid the money, but the property does not exist. In this case, the element of deception is strong, and the crime has been committed.

Defendant A. approached victim B., who was experiencing financial difficulties, and introduced himself as an "investment advisor." He told the victim that he was offering an investment opportunity that would yield high returns in a short time, that he would invest the money in the foreign exchange market, and that he would repay it with a 50% profit within a month at the latest.

The defendant, in an attempt to gain the victim's trust, shows computer printouts and fake receipts supposedly showing investments made. Furthermore, to reinforce the victim's trust, he uses the names of third parties as references. The victim, B., believes these documents are genuine and hands over 200,000 TL to the defendant.

However, the defendant did not actually make any investments; he used the money for personal expenses. When the victim demanded their money back after a month, the defendant made various excuses. Later, at the victim's insistence, the defendant disappeared.

The investigation concluded that the documents presented by the defendant were forged, that the victim's will was compromised by fraudulent behavior and that the defendant consequently suffered harm, and that the defendant obtained an unfair advantage.

Legal Assessment

The defendant engaged in fraudulent conduct (creating fake receipts and investment documents),
The victim was deceived by these tricks and falsely expressed their will,
It appears that the victim suffered a loss by giving away their money , while the defendant benefited .

Therefore, the incident the crime of simple fraud as defined in Article 157 of the Turkish Penal Code .

📌 According to the Supreme Court's ruling, deception carried out using forged documents that the victim cannot easily detect constitutes fraud and leads to the commission of a crime.

Conclusion

The crime of simple fraud, regulated in Article 157 of the Turkish Penal Code, is one of the most important regulations protecting property rights. For the crime to occur, deception, fraud, harm, and benefit must all be present. It cannot be committed with simple lies; the perpetrator's actions must be conducive to deceiving the victim.

Supreme Court rulings are guiding in determining the nature of fraud and the degree to which the victim was deceived. In defense strategies, it is crucial to argue that the fraud was not extensive, that the victim would not have been deceived with simple diligence, and that no benefit was obtained.

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