The Offence of Fraud and Its Penalty: TCK 157, 158 and the 2026 Amendment

The offence of fraud (dolandırıcılık) consists of deceiving a person through fraudulent conduct and thereby obtaining a benefit for oneself or another to the detriment of that person or someone else (Turkish Criminal Code, TCK 157). A fake advertisement, a “this is the police, your account is at risk” phone call, a fake investment platform or a rented bank account… The method may change, but the legal framework is built on the same articles. In this article we cover the penalties for the simple and aggravated forms, the amendment that entered into force on 31 July 2026, effective repentance, limitation periods, and the steps to be taken both by the victim and by a suspect summoned to give a statement.

Elements of the offence of fraud: deceit, deception and benefit #

For an incident to fall within the scope of this offence, three elements must be present together:

• Fraudulent conduct (hile): Something more than a simple lie is required — conduct constructed so skilfully that it removes the other party’s ability to check. Forged documents, a false identity, a realistic-looking website or posing as an employee of an institution are typical examples.
• Deception: The victim must have fallen for the deceit and their will must have been misled. If the deceit was noticed but payment was made anyway, whether the offence was completed becomes debatable.
• Damage and benefit: The victim or a third party must suffer financial loss, and the perpetrator or another person must obtain a benefit.

The mere non-payment of a debt or non-performance of a contract does not in itself constitute an offence; as a rule, such disputes are resolved in the civil courts. The distinction is often drawn by asking whether there was an intention to deceive from the outset, when the contract was concluded. Resorting to deceit in order to collect a receivable arising from a legal relationship is a separate case with a lighter penalty: upon complaint, imprisonment of six months to one year or a judicial fine is imposed (TCK 159).

If the property was taken directly rather than by deceit, the offence is theft, not fraud; for the difference in sentence ranges and mediation see our article on the penalty for theft.

Penalties for simple and aggravated fraud (TCK 157 and 158) #

In the simple form, the perpetrator is punished with imprisonment of one to five years and a judicial fine of up to five thousand days. Since the 2024 amendment, one day of judicial fine is set at between 100 and 500 TL according to the person’s financial situation (TCK 52/2).

If the offence is committed with the means or in the circumstances listed in TCK 158, the aggravated form arises and the penalty increases significantly:

Aggravated forms and table of penalties #

The subparagraphs most often seen in practice #

In practice, the most common files concern sub-paragraphs (f) and (l): fake shopping websites, phishing messages, and calls from people posing as police officers, prosecutors or bank employees. We explain these methods and the bank’s liability in detail on our IT law and personal data protection (KVKK) page. Because such schemes are often run by several people sharing tasks, the TCK 158/3 increase and organised crime charges also come into play; for the separate punishment of membership of an organisation, see our article on forming and membership of a criminal organisation.

The 2026 amendment: those who hand over their account or card (TCK 158/4) #

Fraudsters commonly collect money in accounts that are not opened in their own names. People hand over their bank card, internet banking password or the access details of a crypto account to someone else in return for promises of a “commission”, a “job offer” or a “crypto investment”; money arriving in the account is transferred to other accounts within minutes. Until now, depending on the facts, these people were tried for participation in aggravated fraud, that is, within the 4–10-year penalty range.

The reduction introduced by Law No. 7589 #

Law No. 7589, published in the Official Gazette of 31 July 2026, added a fourth paragraph to TCK 158, and the provision entered into force on the date of publication. Under it, where participation is limited to giving someone else, for the purpose of obtaining an unjust benefit, payment instruments such as bank or credit cards belonging to oneself or another, or the essential information or means enabling the use of an account held with a bank, an intermediary institution, a payment service provider or a crypto-asset service provider, the penalty is reduced by half.

The limits of this provision must be read correctly:

• The act remains an offence. The amendment did not create a new type of offence and did not remove liability for participation; it only reduced the penalty.
• The reduction applies only if the contribution consisted solely of handing over information or means. A person who withdraws the money arriving in the account, transfers it to other accounts, talks to the victim or collects other people’s accounts cannot benefit from this reduction.
• The purpose of obtaining an unjust benefit is required. For a person who handed over their card without expecting anything in return and without knowing it would be used in an offence, the first question is whether intent existed at all; this is a defence issue that comes before the reduction.

Transitional provision for pending files #

The Law also introduced a transitional provision for earlier files (Law No. 7589, provisional art. 1). In files under review on appeal to which the new paragraph applies, the regional court of appeal (bölge adliye mahkemesi) issues a reversal decision; files at the Chief Public Prosecutor’s Office at the Court of Cassation are sent to the court of first instance. Convicts whose judgment is at the enforcement stage and who have not previously benefited from an effective repentance reduction may benefit from the reduction in TCK 168/2 if they fully compensate the victim’s loss within six months of the court’s warning.

Mediation, complaint and offences committed between relatives #

Neither the simple nor the aggravated form depends on a complaint. Even if the victim withdraws the complaint, the prosecutor’s office continues the investigation. However, simple fraud (TCK 157) is among the offences within the scope of mediation (uzlaştırma) (CMK 253/1-b-8). If agreement is reached and the undertaking is performed, a decision not to prosecute is issued at the investigation stage, and a decision to discontinue the case at the prosecution stage. Aggravated fraud is not subject to mediation. Nor is mediation available if the simple form was committed together with an offence outside the scope of mediation.

If the offence is committed to the detriment of a spouse against whom no decision of separation has been issued, an ascendant or descendant, or a sibling living in the same home, no penalty is imposed on the relative concerned. Where it is committed to the detriment of a sibling living separately, or of relatives such as an uncle or aunt living in the same home, the investigation depends on a complaint and the penalty is reduced by half (TCK 167).

Effective repentance: the effect of compensating the damage on the penalty (TCK 168) #

In offences against property, compensating the damage is the most important factor directly affecting the penalty. The rate of reduction varies according to the stage at which the damage is compensated:

For effective repentance (etkin pişmanlık), the perpetrator, instigator or accessory must personally show remorse and make good the damage by returning the property itself or paying compensation. Compensation of the damage is also one of the conditions for suspension of the pronouncement of judgment (HAGB); for details, see our HAGB guide.

A fictional example: Take a person who handed their card to an acquaintance in return for a “monthly commission”, and whose account was used in internet fraud, and assume the starting point is 4 years, the minimum for the aggravated form. Under TCK 158/4 the penalty falls to 2 years; if the court also applies a discretionary reduction, it becomes 1 year 8 months. A penalty of two years or less allows HAGB or a suspended sentence to be considered, if the other conditions are also met. If the damage was fully compensated before the prosecution began, the effective repentance reduction is added as well. In a real file, the outcome depends on the evidence and the court’s discretion.

Limitation: no complaint period, but a limitation period for prosecution #

Since the offence does not depend on a complaint, the six-month complaint period does not apply; the limit is the limitation period for prosecution (dava zamanaşımı) (TCK 66):

• Simple fraud: Since the maximum penalty does not exceed five years, 8 years.
• Aggravated fraud: Since the maximum penalty is more than five years and less than twenty years, 15 years.
• Interruption: The period starts again when the suspect’s statement is taken by the prosecutor, upon arrest, upon an indictment or upon a conviction; however, in total it can be extended by at most half of the statutory period (TCK 67).

Compensation claims arising from the offence must be brought within 2 years of learning of the damage and the perpetrator, and in any event within 10 years; if the act is an offence subject to a longer criminal limitation period, that period applies (Turkish Code of Obligations, TBK 72). You can pre-check the time limit in your own case with our time limit and limitation period check tool.

I have been defrauded — what should I do? A step-by-step path for victims #

Tracing money is a race against the clock. The recommended order is as follows:

1. Call your bank immediately. Have your card and internet banking blocked, have it recorded that you dispute the transaction, and ask for the receiving bank to be notified. Note the date and time of the call.
2. Keep the evidence. Receipts, the recipient’s IBAN and name, SMS and call logs, message conversations, screenshots of the advertisement and website address, and the crypto wallet address form the basis of the file. Do not delete any correspondence.
3. Report the offence. You can apply with a petition to the Chief Public Prosecutor’s Office (Cumhuriyet başsavcılığı) or to the nearest police unit. In the petition, clearly set out the hour-by-hour sequence of events, the amounts sent and the recipient accounts.
4. Request seizure of the accounts. In the offence of fraud, where there is strong suspicion based on concrete evidence that assets were obtained from the offence, the suspect’s bank accounts may be seized by a judge’s decision (CMK 128). That is why it is important to report quickly the accounts to which the money was transferred.
5. Become an intervening party. Once a case is brought, by requesting to join as an intervening party (katılan) you can submit evidence, have witnesses heard and appeal against decisions. An objection to a decision not to prosecute (takipsizlik) may be lodged with the criminal judgeship of peace (sulh ceza hâkimliği) within two weeks.
6. Claim your money through the civil courts. Independently of the criminal proceedings, an action for the debt and for compensation may be brought against the holder of the account to which the money was sent and against the perpetrators. If the bank was at fault on security, a claim may also be made against the bank.

If you have been summoned to give a statement as a suspect #

Summonses often arrive when it emerges that money belonging to a victim you have never met reached your account. For people who gave their card or account details to someone, the first statement shapes the rest of the file:

• You have the right to remain silent and to consult a lawyer. Since the minimum penalty for aggravated fraud does not exceed five years, as a rule no defence counsel is appointed automatically; however, if you are not in a position to choose defence counsel, the bar association will appoint one at your request (CMK 150). For details of your rights, see our article on giving a statement at the police station and the right of defence.
• Document what really happened. Messages showing to whom, when and on what promise you gave the card; correspondence containing a job advertisement or loan offer; and reports that the card was stolen or lost are decisive in the debate on intent.
• Closing the account immediately does not destroy evidence, but it prevents new victims. Notify the bank in writing and keep a copy.
• Plan any contact with and payment to the victim together with your lawyer: compensating the damage matters for effective repentance, HAGB and the 158/4 transitional provision; however, no payment or statement should be made in a way that could be interpreted as an admission.

If a detention order has been issued, see our article on objecting to a detention order for the route to follow.

The competent court: general criminal court or serious crimes court? #

Serious crimes courts hear offences whose maximum penalty is imprisonment of more than ten years; the remaining files are heard by the general criminal court of first instance (Law No. 5235 arts. 11–12).

So the idea that “the aggravated form always goes to the serious crimes court” is not correct; in determining jurisdiction, the maximum penalty laid down for the offence in the law is taken as the basis, and proportional grounds for increasing the penalty are disregarded (Law No. 5235 art. 14). If the file also involves a connected offence carrying a heavier penalty, the cases may be heard together before the court that hears that offence. In Istanbul, which courthouse hears the file depends on where the offence was committed; you can find information on our Istanbul courthouses and district pages. For the stages of criminal proceedings and current appeal time limits, see our Istanbul criminal defence lawyer page.

The competent court is that of the place where the offence was committed; in Istanbul this is the courthouse to which the district where the act occurred belongs. You can see the district–courthouse list on our Istanbul district pages.

Short summary #

1. Simple fraud carries 1–5 years’ imprisonment; the aggravated form committed through an IT system or a bank carries 4–10 years.
2. The offence does not depend on a complaint; only the simple form is subject to mediation.
3. Since 31 July 2026, the penalty of a person whose contribution was limited to handing over account or card details is reduced by half; the act remains an offence.
4. If the damage is compensated before the prosecution, the penalty may be reduced by up to two thirds; if before judgment, by up to half.
5. The limitation period for prosecution is 8 years for the simple form and 15 years for the aggravated form.
6. The victim should first call the bank, keep the evidence and report the offence without delay.
7. TCK 157 and 158/1 files are heard by the general criminal court of first instance.

The information in this article is general in nature and has been prepared on the basis of the legislation in force as of September 2026. You are advised to consult a lawyer for an assessment of your specific situation.