Updated: 27 September 2026• 10 March 2026 • 6 min read • Criminal Law

Aggravated Fraud and Its Penalty (Turkish Penal Code Article 158)

Technological developments and the increasing complexity of financial systems have also changed the nature of offences against property. Unlike simple fraud regulated under Article 157 of the Turkish Penal Code, certain forms committed through the misuse of specified religious, social, professional or technological means are regulated under Article 158 of the Turkish Penal Code as “Aggravated Fraud” and are subject to heavier sanctions.

Cases of aggravated fraud involving information systems or banks and credit institutions are among the areas frequently examined by judicial authorities and the Court of Cassation. This article reviews the statutory elements of the offence, evidentiary issues, effective-remorse reductions and the rights of the parties in light of current case law.

1. Material Elements of the Offence: Deception, Capacity to Mislead and Causation

For aggravated fraud to be established, the perpetrator’s acts must satisfy certain conditions. As consistently emphasised in decisions of the Criminal General Assembly of the Court of Cassation, not every false statement constitutes fraud:

Fraudulent conduct: The capacity to deceive is assessed according to the circumstances of the event, the victim’s situation and the method used; not every false statement alone constitutes fraud.
Deception of the Victim: The victim must have been misled as a result of the fraudulent conduct and must have acted under a mistaken understanding caused by it.
Loss and Unlawful Benefit: As a result of the fraudulent acts, the perpetrator must obtain an unlawful benefit for themselves or a third party to the detriment of the victim or another person. A direct causal link must exist between these elements.

2. Common Aggravating Circumstances: Fraud Involving Information Systems and Banking Instruments

Although Article 158 lists several aggravating circumstances, the following are among those frequently encountered in criminal proceedings:

Use of Information Systems as an Instrument (TPC 158/1-f)

This provision may apply where websites, fake e-commerce platforms, social-media accounts, phishing methods or email are used to gain the victim’s trust and obtain a benefit. Court of Cassation case law examines whether the information system played a facilitating and effective role in the commission of the offence.

Use of Banks or Credit Institutions as an Instrument (TPC 158/1-f)

Use of banks or credit institutions as an instrument: The fact that a victim transfers money to an account does not by itself establish the application of Article 158/1-f. The manner in which the banking system was used as an instrument in carrying out the deception is assessed on the basis of concrete evidence.

Legal classification of the offence: In a transfer made through unauthorised access to internet banking, it is important whether the victim was deceived into disposing of assets and how the act was committed. Depending on the facts, provisions on fraud, theft through information systems or cyber offences may become relevant; a single legal classification should not be assumed in advance.

3. Penalty for Aggravated Fraud and Minimum-Penalty Rules

Under Article 158/1, the basic penalty for aggravated fraud is imprisonment from 3 to 10 years and a judicial fine of up to five thousand days.

However, where the offence is committed by using information systems or using banks or credit institutions as an instrument (subparagraph f) or to the detriment of public institutions or organisations (subparagraph e) the law provides for specific minimum penalties:

In these circumstances, the minimum term of imprisonment cannot be less than 4 years.
The amount of the judicial fine cannot be less than twice the benefit obtained from the offence. This rule also aims to impose an economic consequence on the offender.

4. Effective Remorse and Sentence Reduction (TPC Article 168)

In aggravated fraud, if the perpetrator fully compensates the victim’s material loss, for example by returning the money or otherwise making good the loss, the effective-remorse provisions may allow a reduction in sentence:

Before the Public Prosecution Is Filed (Investigation Stage): If the loss is fully compensated during the investigation, the sentence may be reduced by up to two-thirds (2/3) .
After the Public Prosecution Is Filed (Trial Stage): If the loss is compensated during the trial but before judgment, the sentence may be reduced by up to one-half (1/2) .
Effective Remorse Through Partial Payment: If only part of the loss is paid, application of the effective-remorse provisions requires the victim’s express consent .

5. Considerations on the Rights of Defendants and Complainants

Aggravated fraud cases may be heard before high criminal courts and often involve technically complex evidence:

For the Complainant (Victim): Investigations by cybercrime units, IP addresses, bank-account movements, telephone-traffic records and examination of digital materials may be important in gathering evidence. Providing complete information on the accounts to which money was sent and the relevant communications, such as WhatsApp or Telegram messages, may assist the investigation.
For the Defendant (Suspect): In these cases, account ownership may become a central issue. Persons whose bank accounts or cryptocurrency wallets are used by third parties, whether knowingly or unknowingly, may find themselves investigated or prosecuted for aggravated fraud. Concrete evidence concerning intent and whether the account was used outside the person’s will may be decisive in determining criminal responsibility.

Evidence: Correspondence, bank movements and digital records should be preserved without delay; the elements of the offence and the evidence should be examined in light of the specific facts.

Kaplan Law Firm We provide defence and complainant representation in aggravated fraud matters involving cybercrime, information-technology law and high-criminal-court proceedings. For legal support concerning your current situation, you may contact us through our Contact page.

Legislation: Turkish Penal Code Arts. 157, 158 and 168.