Aggravated Fraud

Fraud is deceiving a person through fraudulent conduct to obtain a benefit for oneself or another to their or another’s detriment (Turkish Criminal Code Art. 157). Aggravated fraud is the commission of this offence in the forms listed in the Code carrying heavier penalties (Art. 158). The penalty is three to ten years’ imprisonment and a criminal fine; in some forms the minimum prison term is four years.

Aggravated Forms Relevant to Companies

• Using information systems, banks or credit institutions as a tool: Fraud through fake emails, compromised accounts or fake websites,
• By a merchant or company manager in the course of business: Fraud by a company manager or persons acting on behalf of the company in the course of commercial activity,
• To the detriment of public institutions or insurers: For example, fraud to collect insurance money,
• Posing as a public official or an employee of a bank, insurer or credit institution.

Payment Diversion (CEO Fraud)

A common method in companies is changing a payment instruction or bank details by impersonating or taking over the email account of a manager or supplier. In that case:

1. Notify the bank immediately and request that the payment be stopped or recalled,
2. Preserve emails, system logs and payment documents; see Unauthorised Access to Information Systems,
3. File a criminal complaint with the public prosecutor and join the criminal case as an intervening party,
4. If the incident is a personal data breach, assess notification obligations; see Personal Data Breach.

Effective Repentance

If the offender fully compensates the loss before prosecution begins, the penalty is reduced by up to two thirds; if after prosecution begins but before judgment, by up to half; see Effective Repentance.

Corporate Liability

If fraud is committed for a company’s benefit, an administrative fine may be imposed on the company. Where property has already been lawfully handed to the offender, the act constitutes breach of trust.