What is IBAN Usage (Bank Account Rental)?

1. What is IBAN Usage (Bank Account Rental) and How Does it Work?

The act of transferring an IBAN number means that a person gives control of their bank account, digital banking passwords, or bank/credit cards to another person in exchange for a commission or fixed fee, or allows them to transfer money received in their account to other accounts via instructions.

Criminal organizations and scammers often target students, housewives, or the unemployed to conceal their identities and cover their tracks. The process typically works as follows:

• on social media platforms (Instagram, Telegram, Facebook, etc.) "Earn 5,000 TL per week simply by using your bank account .

• The person contacted is given convincing lies such as, "Our company has reached its tax limits," "Money will be coming from abroad," or "We trade on cryptocurrency exchanges.".

• For a small fee, the account holder can transfer their mobile banking password or withdraw money from their account and deliver it physically/transfer it to other IBANs.

• The actual perpetrators use these accounts to collect money on illegal betting sites or to transfer money belonging to the victims they have defrauded.

2. What Crimes Does Allowing the Use of an IBAN Number Constitute?

A person who allows someone else to use their bank account is prosecuted under different laws depending on the nature of the money circulating in the account. This action can constitute more than one crime under our legal system.

2.1. Responsibility under Law No. 5549 on Financial Crimes Investigation Board (MASAK)

Article 15 of Law No. 5549 on the Prevention of Money Laundering explicitly criminalizes the failure to declare that transactions are being conducted on behalf of another person.

According to the law, anyone who conducts transactions in their own name with banks, financial institutions, and other obligated parties, but is actually acting on behalf of someone else, will be penalized if they do not notify this in writing before the transaction is carried out.

• Legal Basis: Law No. 5549, Article 15.

• Nature of the Offense: Even if the person is unaware that the money they are lending out is proceeds of crime, they will still be punished for this crime directly because they did not declare, "I am conducting transactions in this account on behalf of someone else." This is the most common, and least serious, offense faced by those who lend out their IBAN numbers.

2.2. The Crime of Qualified Fraud (Turkish Penal Code Article 158/1-f)

If your bank account has been used to defraud someone online (e.g., selling fake vehicles, fake e-commerce websites, deposit scams) and the victim's money has arrived in your bank account, you will be prosecuted as the principal perpetrator or as an accomplice (aider).

Article 158/1-f of the Turkish Penal Code considers the commission of fraud "by using information systems, banks or credit institutions as tools" as an aggravated offense. The Supreme Court of Appeals directly evaluates the use of bank accounts as tools in the crime under this article.

Even if the person who allowed their account to be used did not act with fraudulent intent, they may be considered to have aided the perpetrator in committing the crime by "providing a means" to do so.

2.3. Money Laundering of Assets Derived from Crime (Turkish Penal Code Article 282)

commonly money laundering , is committed by a person who transfers assets obtained from a crime punishable by a minimum prison sentence of six months or more abroad, or subjects them to various transactions with the aim of concealing their illegitimate source and creating the impression that they were obtained through legitimate means.

If the money deposited into your account is the proceeds of a drug trafficking, arms smuggling, or large-scale fraud operation, and you help to conceal this money by introducing it into the system (for example, by converting it to cryptocurrency or dividing it into smaller amounts), you will be prosecuted for money laundering under Article 282 of the Turkish Penal Code.

2.4. Illegal Betting and Gambling (Law No. 7258)

In Türkiye, operating and facilitating illegal betting is subject to severe penalties under Law No. 7258, "Law on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions".

The most common use of networks that rent out IBANs is for illegal betting. Article 5, paragraph 1, subparagraph (c) of Law No. 7258 "persons who act as intermediaries in the transfer of money in connection with fixed-odds or mutual betting or games of chance based on sports competitions ." If it is determined that you have allowed a betting company to use your account, you will be prosecuted for the crime of directly facilitating money transfers.

3. Assessment of Participation, Intent, and Negligence in Criminal Law

The most common defense of those who allow others to use their bank accounts "I didn't know the money was illegal" or "I was also deceived ." However, in criminal law, the acceptance of this defense depends on certain conditions.

Direct Intent and Indirect Intent

• Direct Intent: This occurs when a person knows with certainty that their account will be used in a crime and intends to do so.

• Potential Intent (Turkish Penal Code Article 21/2): This occurs when a person, despite foreseeing that their account could be used for an illegal activity, acts with the intention of "whatever happens, as long as I get my commission" (taking the risk). The Supreme Court tends to consider a person who gives their bank account information to a stranger as having acted with at least "potential intent."

Types of Participation: Joint Perpetrator or Aider?

When a crime is committed by more than one person, the provisions regarding complicity come into play.

1. Joint Offender (Turkish Penal Code Article 37): This refers to a person who directly carries out the criminal act. If the account holder has directly contacted the victim who sent the money, they become a joint offender.

2. Aiding and Abetting (Turkish Penal Code Article 39): This refers to a person who provides material or moral support for the commission of a crime. A person who only provides their IBAN but does not personally participate in the fraudulent act is generally punished as an accomplice by "providing the means used in the commission of the crime" (Turkish Penal Code Article 39/2-b). In this case, the sentence is reduced by half, but since the crime is aggravated fraud, the penalty is still very high.

4. Penalties for the Crime of Using IBAN Numbers (Updated 2024-2025)

The penalties for those who allow others to use their accounts vary depending on the specific offense. The following table summarizes the legal sanctions prescribed based on the nature of the act:

Type of Alleged Crime	Relevant Law Article	The predicted prison sentence	Judicial Fine
Hiding the fact that you performed a transaction on someone else's account	Law No. 5549, Article 15	6 months to 1 year imprisonment	Up to 5,000 days
Qualified Fraud (Through Information Technology)	Turkish Penal Code Article 158/1-f	3 to 10 years imprisonment	Up to 5,000 days*
Aiding and abetting qualified fraud	Article 158/1-f of the Turkish Penal Code, by way of reference to 39	1.5 to 5 years imprisonment	Variable (Discounted)
Money Laundering	Turkish Penal Code Article 282	3 to 7 years imprisonment	Up to 20,000 days
Facilitating Illegal Gambling Money Transfers	Law No. 7258, Article 5/1-c	3 to 5 years imprisonment	Up to 5,000 days

Note: In cases of aggravated fraud, the amount of the judicial fine cannot be less than twice the benefit (damage) obtained from the crime.

5. Is the "I Didn't Know, I Wasn't Aware" Defense Effective? (Supreme Court Case Law)

In criminal proceedings, the most common situation is when the account holder claims to be the victim. However, according to the established jurisprudence of the Supreme Court, simply saying "I didn't know" is not sufficient for acquittal.

The Principle of Deviation from the Ordinary Course of Life

The 15th Criminal Chamber of the Court of Cassation (and other relevant chambers after its closure) considers it "contrary to the ordinary course of life" for an adult to allow a complete stranger to use their bank account or passwords, believing that the account will be used for a legitimate purpose .

Criteria Sought in Supreme Court Decisions:

• The defendant's education level and age: The court may evaluate differently whether a university graduate falls into this trap compared to an elderly and uneducated person.

• Benefit received: Did the account holder receive payment per transaction or monthly? If benefit was received, the defense of "not knowing" is invalidated.

• Transaction volume in the account: If millions of liras have flowed into the account from hundreds of different people within a month, the defense of "I didn't realize this was illegal" loses credibility.

• Reporting time: How quickly someone who senses suspicious activity contacts the bank or prosecutor's office is critical evidence. If the perpetrator continued to collect commissions for months before a complaint was filed, a conviction is more likely.

However, if a person's account without their consent (for example, by hacking into their phone, stealing their wallet, or threatening them with a weapon) and the person immediately reports this to the authorities, they will be acquitted because there was no intent to commit a crime.

6. Investigation Process: MASAK Blocking and Seizure of Accounts

The crime of using IBAN numbers for illegal gambling is usually uncovered as a result of a victim's complaint, a bank's suspicious transaction report (SMRT), or law enforcement's cyber patrols targeting illegal betting sites.

1. MASAK Investigation and Suspicious Transaction Reporting (STR): When banks detect unusual activity in your account (for example, dozens of small transfers arriving in the account from different cities in Turkey on the same day, and the money being immediately transferred to cryptocurrency exchanges or other accounts), they report it to MASAK.

2. Bank Account Blocking: According to Article 19/A of Law No. 5549, MASAK (Financial Crimes Investigation Board) can suspend suspicious transactions for 7 business days. Subsequently, the Public Prosecutor's Office requests a seizure (blocking) order from the Magistrates' Court, in accordance with Article 128 of the Code of Criminal Procedure (CMK), for all assets and bank accounts of the individual.

3. Summoning for Questioning and Detention: The account holder is summoned for questioning by the police or gendarmerie. Depending on the severity of the crime (for example, if there is suspicion of being part of an organized network), they may be detained after a home search in the early morning hours.

4. Arrest or Judicial Control: Depending on the number of victims and the nature of the crime, the Magistrates' Court may impose judicial control measures such as a travel ban or a signature requirement, or may issue an arrest warrant if there is strong suspicion of guilt.

7. Effective Repentance (Turkish Penal Code Article 168) and Compensation for Damages

If a person has participated in fraud or a crime against property, effective repentance .

• During the investigation phase (before the lawsuit is filed): If the account holder returns the amount that the victim was defrauded of and that was sent to their own IBAN, the penalty reduced by up to two-thirds (2/3) .

• During the prosecution phase (after the lawsuit is filed, before a verdict is given): If the damage is compensated at this stage, the sentence reduced by up to half (1/2) .

The key point here is that the scammer must return not only their own commission but the entire amount deposited into the victim's account . Having to pay back money that went to scammers out of their own pocket is one of the biggest financial blows faced by those who allow others to use their IBAN numbers.

8. Measures to Take to Avoid Becoming a Victim (Preventive Law)

In today's world, where bank accounts are being used as cyber weapons, the main precautions citizens should take are as follows:

• Never Share Your Passwords: Your mobile banking password, one-time SMS (OTP) codes, and card PINs are personal. Don't give your password to anyone, even a friend who says, "Money is coming into my account, give me your PIN so I can withdraw it."

• Beware of Money Received from Unknown Individuals: If money arrives in your account from an unknown source and someone calls you saying, "I sent it by mistake, please send it back to this IBAN," do not complete the transaction. Return the money directly to the bank "Error/Suspicious Transaction Refund" option. Sending it to a different IBAN could involve you in a money laundering scheme.

• Don't believe social media ads: No ads promising high earnings or claiming to "make money just by using your account" are legitimate. Banks and legitimate companies do not rent out individuals' personal accounts for commercial transactions.

• Beware of Explicit Consent Statements: When registering with cryptocurrency exchanges, do not send photos of your face and identification documents to strangers. Digital bank accounts (Papara, Ininal, etc.) can be opened in your name using this information.

9. I Allowed My IBAN to Be Used, What Should I Do Now? (Emergency Action Plan)

If you have mistakenly allowed someone else to use your account and no complaint or police investigation has yet been initiated against you, you should take the following steps immediately to minimize legal damages:

1. Call the Bank: Contact customer service and explain that your account has been compromised by third parties and that you have security concerns. Reset your mobile banking passwords and cancel your cards.

2. Obtain your account statements: As soon as you can log in to your account, download all past account statements (receipts) as PDFs. Knowing where the money came from and where it went is essential for your defense.

3. Secure the Evidence: Take screenshots of all communication history with the people who convinced you to do this, including social media posts, WhatsApp messages, phone numbers, and voice recordings they sent you. Absolutely do not delete these conversations.

4. Contact the Public Prosecutor's Office: Don't wait! Go and explain the situation before the crime is detected. Go to the courthouse in your area and submit a petition to the Public Prosecutor's Office , "I was deceived and willingly gave my bank account/passwords to the person named/numbered… I suspect my account is being used for illegal activities, and I want to file a complaint against these individuals." This step is the most vital move to prove your good faith and that you have no connection to a criminal organization.

10. The Importance of a Specialized Criminal Lawyer in Cases of IBAN Disposal Crimes

IBAN usage fraud cases are complex files where information technology law, criminal law, and banking regulations are intertwined. A wrong statement given during the prosecution phase can lead to the individual being labeled an "active member of a fraud network" and becoming a party to serious criminal trials that can last for years.

An expert lawyer;

• By requesting an examination of MASAK reports and HTS (phone call history) records, it can be demonstrated that the defendant has no organic link to the criminal network.

• They can prepare dogmatic criminal law defenses arguing that the element of intent was not present.

• If the injustices are to be rectified, managing the effective repentance process correctly can lead to minimizing the sentence or obtaining a suspended sentence (HAGB).

11. Frequently Asked Questions (FAQ)

1. I gave my friend my bank account number so he could pay off my debt, is that a crime?

No. Sharing your IBAN for a legitimate business transaction or borrowing/lending money in your name is not a crime. What constitutes a crime is knowingly and willingly (or for a commission) facilitating the transfer of funds from your account to someone else, or allowing money of unknown origin to be transferred through your account.

2. Does allowing the use of electronic money accounts such as Papara, İninal, and Paycell also constitute the same crime?

Yes, it definitely falls under that category. According to Law No. 5549 and the Turkish Penal Code, there is no difference between traditional banks and electronic money institutions (institutions covered by the Payment Services Law). In fact, digital wallets are used far more frequently than traditional banks in illegal gambling and fraud.

3. I can't find the person who rented my account, do I have to pay the money myself?

If there is a fraud and the main perpetrator cannot be reached, the victim will want to find a legal party to hold accountable. Since you are the IBAN holder, the victim will demand your money back from you under the provisions of unjust enrichment or through a compensation claim related to a criminal case. You may have to pay this money out of your own pocket to receive a reduction in your sentence (effective repentance).

4. Can the crime of using an IBAN number be converted into a monetary fine?

Since the minimum sentence for aggravated fraud is 3 years (except in cases of aiding and abetting), it cannot be directly converted to a fine or suspended. However, 6-month prison sentences given under Article 15 of Law No. 5549 (transactions on behalf of another) can be converted to a fine or suspended.

5. Who is responsible for allowing minors under the age of 18 to use their accounts?

The criminal responsibility of those under 18 is assessed differently (Turkish Penal Code Article 31). If a child has allowed their account to be used, an examination of their capacity to understand and discern (to comprehend the legal meaning and consequences of their actions) is conducted according to their age group (12-15 or 15-18). In most cases, adults who have facilitated this act receive much harsher penalties as indirect perpetrators, while the child benefits from age-related reductions in sentence. However, legal and financial compensation may be binding on their guardians.

6. Is using an IBAN number for betting the same as engaging in illegal gambling?

No. Illegal betting is not a crime under Law No. 7258, but a misdemeanor , and only carries an administrative fine (a fine imposed by the governor's office/district governor's office). However, facilitating the use of an IBAN number (facilitating money transfer) in an illegal betting system is a crime punishable by imprisonment . The person who allows their account to be used is not a player, but is prosecuted as a cog in the organization (a criminal).