Aggravated Fraud Offense in Turkey Criminal Law
Aggravated fraud offense and its conditions are regulated under a different article provision than the fraud crime which is an another type of crime regulated in the Turkish Penal Code.
The offense of fraud is when the perpetrator benefits herself /himself or someone else by deceiving someone by committing fraudulent behavior and to the detriment of that person or someone else.
Aggravated fraud is the qualified form of fraud crime. If aggravated fraud is committed, a heavier punishment is imposed than the crime of fraud.
It is Aggravated fraud offense when the fraud is committed with the abuse of religious beliefs and feelings, by taking advantage of the dangerous and difficult conditions in which the person is, by taking advantage of the victim’s weak perception, processing by using public institutions and organizations, associations and foundations, public professional organizations or associations as a tool, by damaging public institutions and organizations, by using information systems, banks or credit institutions, by making use of the facilities provided by the media, by actions during commercial activities carried out by a trader or a manager in a company obey the person acting on behalf of a company, by actions during the cooperative activities by the cooperative managers, by actions of a self employed person to use their confidence in them by their profession, in order to ensure the opening of loans that banks or other credit institutions should not allocate, by processing in order to provide insurance cost and the perpetrator to introduce himself or herself as insurer, bank employee, public officer or committing the crime of fraud by stating that they have a relationship with such institutions are qualified Aggravated fraud offenses.
In order for Aggravated fraud offense to occur, the perpetrator must commit fraudulent acts. The criterion for evaluating fraudulent behavior is a normal person’s perception of ability. The perpetrator must have an intention to harm the victim, that is, knowing that they have harmed the victim and requesting it.
The perpetrator must take action in order to benefit herself/himself or another. The important thing is not to provide the benefit in question, but to have the purpose of providing the benefit.
The punishment Aggravated fraud offense is imprisonment of three to ten years and a judicial fine of up to five thousand days.