In the current world order, which we call the 21st century, the age of technology, unfortunately, along with the development of technology and information, methods of fraud have also been developed by fraudsters in the same way. As we have heard in the news or on social media, fraudsters victimize many citizens every day, causing material and moral damage. So much so that the methods of fraud seem to have passed the age.
It should be noted that along with technology, fraudulent activities have also evolved. Crimes committed in the field of information law in particular categorically continue to be as diverse as telephone fraud, internet fraud, social media fraud and marriage promise fraud. So what should we do when such an incident happens to us? We have briefly addressed this issue for you and discussed what needs to be done in case we encounter a possible case of fraud;
What is the Crime of Fraud?
According to the Turkish Criminal Code, the definition of the crime of fraud is as follows;
Article 157— (1) A person who has deceived a person by fraudulent conduct and, to the detriment of him or another, shall be liable to imprisonment from one year to five years and a judicial fine of up to five thousand days.
That is, in order for the crime of fraud to occur, the person must be deceived and benefited by fraudulent behavior. Therefore, both fraudulent behavior and deception must be accompanied by the provision of benefits.
I've Been Scammed What Should I Do?
If there are elements of a fraud crime or if you understand that a person has been defrauded, it is possible to notify or complain to the judicial authorities to find the perpetrators of the crime and conduct an investigation. The perpetrators of this crime often act with a shadow identity and convenience in front of their real identity under the name of fake accounts. For example, they use their names differently, as well as police, prosecutor, lawyer, judge, doctor, etc. On the other hand, with the development of technology in the 21st century, they also use titles such as investment specialist, crypto expert, vacation agent, real estate consultant. For this reason, all kinds of concrete data can be used as evidence for the investigation to be opened in the future.
Where can I complain if I've been scammed?
If you have been scammed, you can get professional legal help and complain through a specialist lawyer. You can exercise your right to complain without a lawyer. For this;
- Outposts
- Through the prosecutor's channel from the courthouses
You can exercise your right to complain.
How can I get my money back when I was scammed?
It appears that in CMK m.131/1 the phrase “victim injured by crime” is not included, the victim is also regulated in the second paragraph of the same article. The fact that the confiscated item belongs to the victim damaged by the crime is regulated in paragraph 2 of article 131. When the article is examined as a whole, it becomes clear that at the stage of the investigation the public prosecutor can give the property that the public prosecutor has established as belonging to the victim or to him on demand. The only exception to the return to the victim while the trial is ongoing is the need for evidence of his property.
On the other hand, if you can prove the damage you have suffered by fraudsters, for example, if you have sent money to your account through the bank, you can claim this amount from the other party both during the investigation and prosecution phase. But if the suspect or the defendant does not pay this fee, in this case you can file a lawsuit for compensation for the return of the price for wrongful act.
Fraud by Introducing as a Judicial Officer
Fraudsters often identify themselves as judges, prosecutors, police officers and profit from individuals. They have even been seen to defraud lawyers, judges and prosecutors.
Fake Gold Scams
The number of people defrauding jewelers with mixtures of fake quarters, grams and gold bars in gold has increased especially in recent years.
Fake Holiday Package Scams
Unfair profits are made by making sales via the internet with the promise of selling fake holiday packages to individuals. Especially in recent years, thrift property fraud has become widespread. It is this method of fraud that receives payment after establishing trust through users.
Real Estate Agent Scams
Istanbul Esenyurt, Beylikduzu, etc., is one of the districts where housing sales have increased the most, especially in Esenyurt, and most people hang up their sign and write a construction commitment and start work, and some of them receive from individuals and make the apartments appear as if they were for sale without the owner's knowledge, and even a fake sales contract and real estate contract. Even by preparing it, people benefit unjustly. We need to say that in such cases elements of the crime of fraud are formed.
I Borrowed Money Can't Get It?
Above we talked about the legal definition of fraud and how it happens. But you lent money to someone and then you didn't get it, we can't say that it's a direct crime. We need to distinguish between a civil case and a criminal case. If the borrower received money from you by introducing it in a different way and committing fraudulent acts, then it is a crime of fraud. But we cannot say that the crime of fraud occurs just because he cannot pay.
Criminal Lawyer Fraud Offense
Dealing with the perpetrators of the crime of fraud is not at all easy. Because of their insensitivity, recklessness and ability to easily deceive people, it is difficult for non-lawyers to deal with these people. For this it will be useful to seek help through a criminal lawyer.