Fraud in Turkish Law

Fraud in Turkish Law

Fraud in Turkish Law

How is Fraud Defined in Turkish Law?

The crime of fraud in Turkish law is defined as deceiving another person through deceptive acts and profiting from these acts at the expense of the deceived party or of a third party. By this definition, the 3 elements of fraud are:

  1. Deceptive acts
  2. Profiting from the said acts
  3. Loss of the deceived party or a third party

What is the penalty for fraud in Turkey?

While many fraud cases end with prison sentences between 1-5 years, depending on the circumstances and methods of committing the crime, involved parties, the number of perpetrators and the type of victims, the penalty for fraud can go up to 20 years of prison sentence.

What Separates Fraud from Civil Dispute?

The most debated aspect of fraud in Turkish law is its distinction from a legal dispute. Many complaints about fraud in Turkey are dismissed by prosecutors as “merely a legal dispute” and therefore the subject of a civil court. The line between fraud and legal dispute can sometimes be so thin that even criminal lawyers cannot predict whether the prosecutor will file a criminal fraud case or dismiss the act as a legal dispute.

This is where the first element of fraud, which is a deceptive act, comes into play. In the absence of a deceptive act, even if the committing party unjustifiably profited at the expense of a victim, it would be considered a legal dispute and therefore not a crime.

According to the higher court decisions in Turkey, fraud can be distinguished from a legal dispute by systematic acts of deceit. In this respect, not honoring an agreement by collecting the price but not delivering the goods, the property or the services, is by itself merely a legal dispute and therefore not a crime.

What is an Example of Fraud in Turkish Law?

For example, collecting the agreed price of an apartment from the other party and not delivering the ownership of the said apartment, by itself, is not a crime but a legal dispute. On the other hand, if the perpetrator provided a forged certificate of ownership to convince the buyer to pay the price, it could be considered fraud in Turkish law. Likewise, if the perpetrator promised to sell the same apartment to several people just to collect money repeatedly, then it could be considered as a systematic act of deceit and therefore the crime of fraud.

Whether or not an act can be considered fraud in Turkish law depends on which lengths the perpetrator has gone to profit unjustifiably. This is why each case needs to be evaluated on its own and then determined whether it is fraud or a legal dispute.

What to Do if You are a Victim of Fraud in Turkey?

Victims of fraud have two legal recourses. The first legal recourse available to a victim of fraud is to file a criminal complaint before the prosecutor’s office. The court of jurisdiction is usually the court where the crime took place.

When filing a criminal complaint for fraud, it is crucial to highlight the aspects of the case that distinguish the perpetrator’s acts from a legal dispute. In the event of failure of this distinction, the complaint may be dismissed as a legal dispute. This is why the victims of fraud are highly recommended to consult with a criminal lawyer who is experienced in fraud cases.

How to File a Lawsuit Against Fraud in Turkey?

Victims of fraud have also a second legal recourse which is filing a lawsuit for monetary and non-monetary damages. This lawsuit is not contingent upon the defendant being found guilty. On the contrary, the defendant may be acquitted and can still be ordered to pay damages in a lawsuit. On the other hand, if the defendant is found guilty by a criminal court, then the civil court is bound by law to order the defendant to pay damages to the victim of fraud, albeit the burden of proving the extent of those damages lies on the victim/plaintiff.

If the prosecutor or the criminal court rules that the dispute in question is not a criminal one but a legal dispute, in order to recover the financial losses that occurred as a result of the defendant’s acts, the victim/plaintiff may file a lawsuit for unjustified enrichment.

Types of Fraud Most Commonly Reported by Foreign Nationals in Turkey

Most fraud cases involving foreign nationals fall into a handful of categories. The legal elements are the same across all of them — deceptive act, benefit to the perpetrator, loss to the victim — but the specific conduct, the evidence you need to document, and the urgency of your response differ depending on the type.

Real estate fraud is the most frequent. It includes selling a property that carries an undisclosed mortgage or court seizure, transferring title using a forged or unauthorized power of attorney, selling the same property to multiple buyers before the registrations catch up, and misrepresenting the property’s planning status or construction permits. The land registry records what is legally registered — not what the seller told you. A title search before any transfer is the only reliable check.

Investment fraud tends to follow a staged pattern. Initial credibility is built through documentation, small early returns, or references to legitimate-looking projects. Once the victim has transferred a significant sum, the perpetrator becomes unreachable. The fraud under TCK Article 157 is complete from the moment the false representations were made — not when the money disappears. This matters because it establishes when the limitation period starts and how the complaint should be framed.

Contractor fraud is common in residential construction and renovation projects. A contractor accepts a large advance, begins visible work to establish trust, then abandons the project. The distinction that matters legally: a contractor who tried and failed is a civil matter. A contractor who accepted payment with no intention of delivering is committing fraud. Demonstrating that intent requires evidence of the contractor’s conduct pattern, not just the outcome.

Commercial and partnership fraud affects foreign investors who enter company or supply agreements. This covers falsifying financial statements during due diligence, misrepresenting assets before a share transfer, and moving company assets to related parties once a dispute becomes foreseeable. In these cases, the window to protect your position is narrow — once assets are gone, a civil judgment may be unenforceable.

Fake intermediary fraud — fake residency consultants, fake citizenship brokers, fake real estate agents — is underreported because victims feel embarrassed. A person who collected fees in exchange for services they had no ability or intention to provide is committing fraud. You do not need certainty before filing a complaint. The prosecutor evaluates the evidence.

Cryptocurrency and online investment fraud has increased significantly among foreign nationals in Turkey. The typical pattern involves contact through social media or messaging apps — the perpetrator presents themselves as an investment advisor, fund manager, or crypto trading expert, builds trust over several weeks, and then directs the victim to a platform or wallet that appears legitimate but is controlled by the fraudster. Once a significant sum is transferred, withdrawals are blocked, additional fees are demanded to “release” funds, and the perpetrator eventually cuts contact. These schemes frequently fall under TCK Article 158 — aggravated fraud — because they are carried out through information systems and banking channels, which is one of the qualifying circumstances that raises the minimum sentence to three years. If you have been defrauded through a cryptocurrency platform or online investment scheme in Turkey, see our detailed guide on crypto crimes under Turkish law.

What Happens After You File a Fraud Complaint in Turkey

Filing the complaint is the start of the process, not the resolution. Understanding what follows helps you stay engaged at the moments that actually determine the outcome.

Your complaint goes to the Chief Public Prosecutor’s Office (Cumhuriyet Başsavcılığı). The prosecutor opens a pre-investigation file and reviews whether the conduct described qualifies as criminal fraud or a civil dispute. This review can take weeks to a few months. During this phase, the prosecutor may ask you for additional documents or a formal statement.

If the prosecutor finds sufficient basis, a formal investigation (soruşturma) opens. The suspect can be summoned, searched, or — where there is a flight risk or evidence destruction risk — detained. You are not automatically kept updated on these steps unless you have formally joined the case as a participating complainant (katılan). This requires filing a petition through a lawyer. It gives you access to the file and the ability to submit evidence and objections directly into the record.

If the investigation produces enough evidence, an indictment is prepared and the case moves to the criminal court. Fraud cases typically take one to three years from indictment to final judgment. If the prosecutor issues a non-prosecution decision (kovuşturmaya yer olmadığına dair karar), you have 15 days to file an objection with the Criminal Court of Peace (Sulh Ceza Hakimliği). This deadline is hard — missing it closes the criminal option.

Throughout the criminal process, the civil track runs in parallel. The civil claim is the mechanism for recovering money. The criminal case establishes liability and applies pressure on the perpetrator — but a prison sentence does not automatically return funds to the victim.

Filing a Fraud Complaint From Outside Turkey

You do not need to be in Turkey to file a fraud complaint or pursue civil proceedings. This applies to foreign nationals who have left Turkey after being defrauded, investors who were defrauded remotely, and anyone who discovers the fraud after returning home.

A complaint can be submitted to the relevant Turkish Consulate or Embassy in your country, which forwards it to the appropriate prosecutor’s office in Turkey. Alternatively, a lawyer holding a power of attorney can file and manage all proceedings on your behalf without you being physically present at any stage.

The power of attorney (vekaletname) authorizing a Turkish lawyer to act on your behalf can be executed at a Turkish Consulate in your country, or notarized locally and apostilled. Your lawyer then handles the complaint filing, evidence submission, court appearances, and all procedural steps remotely.

The precautionary attachment application — freezing the perpetrator’s assets — can also be filed and obtained through your lawyer without your physical presence. Given that asset movement typically accelerates once a perpetrator suspects a complaint is coming, the ability to act quickly from abroad matters.

For cases involving real estate transactions or professional intermediaries, see our detailed guide on aggravated fraud in Turkey. If you have already been defrauded and are looking for immediate next steps, see what to do if you’ve been scammed in Turkey.

Frequently Asked Questions on Fraud in Turkey

Yes. Turkish law applies equally to all individuals regardless of nationality. Foreign nationals have full legal standing to file a criminal complaint with the Chief Public Prosecutor’s Office and to bring a civil claim for compensation in Turkish courts. Residency status does not affect this right.

Fraud requires a deliberate deceptive act — the perpetrator made false representations they knew to be false at the time, and those representations directly caused the victim’s loss. A civil dispute involves a failed contractual obligation without deliberate deception. Many complaints are dismissed because they are framed around the financial loss rather than the specific deceptive conduct. How the complaint is drafted often determines whether the prosecutor opens a criminal investigation or closes the file.

From filing the complaint to a final criminal judgment, the range is typically two to four years for a contested case. Simpler cases with clear evidence may move faster. The civil track runs separately and may resolve sooner or later depending on the complexity of the damages claim. Precautionary attachment of assets can be obtained at the start of the civil case and remains in effect throughout both proceedings.

A criminal conviction establishes liability but does not automatically produce financial compensation. Recovery requires a civil judgment and enforcement proceedings under Turkish Enforcement and Bankruptcy Law. A precautionary attachment (ihtiyati haciz) obtained at the outset of the civil case is the most reliable way to preserve the perpetrator’s assets for eventual recovery. Waiting until after a criminal conviction to begin civil proceedings significantly reduces the chances of enforcing any judgment.

If the perpetrator is a Turkish citizen, they remain subject to Turkish criminal jurisdiction regardless of their current location. Turkish courts can issue arrest warrants and request extradition through international channels. If the perpetrator is a foreign national who has left Turkey, international mutual legal assistance mechanisms can be used, though this extends timelines considerably. Asset attachment applied before the perpetrator left Turkey is substantially more effective than pursuing enforcement after the fact.

You can file a complaint without a lawyer. However, how the complaint is framed — specifically whether the conduct is characterized as criminal fraud or a civil dispute — directly affects whether the prosecutor opens an investigation or closes the file. A complaint that reads as a financial disagreement is dismissed more often than one that identifies the specific deceptive acts and cites the relevant legal basis. For cases involving significant financial loss, legal representation also allows you to formally join the case as a participating complainant (katılan), giving you access to the investigation file and the ability to respond to procedural developments.

Yes. A complaint can be submitted through the Turkish Consulate or Embassy in your country, which forwards it to the relevant prosecutor’s office in Turkey. Alternatively, a Turkish lawyer holding a notarized and apostilled power of attorney (vekaletname) can file and manage all proceedings — including the criminal complaint, civil claim, and precautionary attachment application — without you being physically present in Turkey at any stage.

Antalya Lawyer and Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm offer assistance to the victims of fraud in Turkey for filing criminal complaints, pursuing the complaint until the perpetrator is sentenced, advising on how to recover financial losses, and filing compensation lawsuits. If you have been scammed in Turkey or were the victim of aggravated fraud, contact us for a consultation.

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