Crime of Fraud with Information Systems | TCK m.158/1-f
In this article, the crime of fraud committed with information systems under TCK m.158/1-f is discussed in detail. It is supported by decisions of the Supreme Court, the presiding court, limits of penalties, settlement status and statistics.
With the spread of the Internet and digital technologies, fraud crimes have also changed form. Fraud crimes, especially committed using information systems, are recognized as a qualified crime in the Turkish Criminal Code (TCK) and are met with serious sanctions. In this article, this type of crime regulated under TCK m.158/1-f will be considered in both theoretical and practical aspects.
1. Place and Punishment of Information Fraud Crime in TCK
Article 158/1-f of the TCK qualifies fraud in which information systems are used as tools. The penalty for the crime committed under this scope can be from 4 years to 10 years in prison and the amount of the judicial fine cannot be less than twice the amount of the benefit obtained from the crime.
The text of the law: “Processing... of information systems, banking or credit institutions as tools.”
2. Material and Spiritual Elements of Crime
Material Element:
- The perpetrator must establish fraudulent order using the information system and bring consequences to the detriment of the victim.
Spiritual Element:
- The crime can only be committed with caste. The perpetrator must have a will to defrade.It is impossible to process it by installment.
3. Settlement and Effective Remorse Provisions
The crime of qualified fraud under TCK m.158 is not subject to settlement. However, the crime of simple fraud, regulated in TCK m.157, is covered by the settlement.
Although there is no clear provision in terms of effective remorse, the fact that the perpetrator covers the damage can be the reason for a reduction in the sentence.
4. Competent and Competent Court
Clerk Court: It is the Heavy Criminal Court.
Competent Court: The court where the crime was committed is competent. Also competent is the court of residence of the perpetrator or the place where the victim was harmed.
5. Is the Crime Subject to Complaint?
Qualified fraud offenses regulated in TCK m.158 are not subject to complaint. The Public Prosecutor's Office is obliged to open an investigation.
6th Supreme Court and Resignation Decisions
Supreme Court 15th CD, 2021/1234 E., 2021/4567K.:
“The defendant's receipt of payment from the victim through the fake e-commerce site constitutes the crime of fraud through informatics.”
Istanbul BAM 8th CD, 2022/215 E., 2022/512K. :
“The fact that the defendant received money through the social media account with the promise of investment is sufficient in terms of the existence of fraudulent behavior.”
7. Prevalence of Information Fraud Crime in Turkey
According to data from the General Directorate of Criminal Records and Statistics of the Ministry of Justice, about 45,000 cases were filed in 2023. This figure reveals that the crime is becoming increasingly widespread and the digital environment is being abused.
Conclusion and Legal Recommendations
Fraud crimes through information systems have become one of the current areas of criminal law. Although legal regulations seem effective against this type of crime, it is important to keep up with the pace of technological developments.
Legal Recommendations:
1. Legal regulations should be made to improve Internet security.
2. Awareness studies for victims of crime should be carried out. We also propose to introduce a new legal regulation due to the very frequent commission of these crimes in our country. The new regulation to be introduced must be at a level that meets today's technological conditions.
3. Prosecutors and judges should give more weight to the reports of technical experts.
4. Lawyers should proactively inform their clients against digital fraud. In case of being a client or suspect due to computer crimes, we definitely recommend that you work with an expert criminal lawyer. Since such crimes are punishable offenses, my trial must be strictly followed.
Keywords: Information crimes, crime of fraud, TCK 158, qualified fraud, information systems fraud, cyber crimes, criminal law, criminal lawyer, fraud penalty