Offence Of Fraud
It is a crime that occurs when a person deceives someone by fraudulent behaviour and benefits himself or someone else to the detriment of him or someone else. Fraud, in the most general definition, is a deliberate action with the aim of deceiving and obtaining benefits. In our country, it is among the most committed crimes after theft. In this context, this crime is included in offences against property in the Turkish Penal Code. The crime of qualified fraud is committed by using religion, the dangerous situation of the person, the ability to perceive, public institutions and organisations, the information system, the press and professions as tools. Qualified fraud
By using religious beliefs,
By using the dangerous situation and difficult conditions in which the person is located,
Using the weakness in the person’s ability to perceive,
Using public institutions and organisations,
To the detriment of public institutions and organisations,
Using information systems as a tool,
Using banks or credit institutions as instruments,
Uusing the press and broadcast media as a tool,
Using confidence in the professions,
In order to ensure the opening of a loan that should not be allocated by the bank or other credit institutions,
In order to collect the cost of the insurance,
The person identifies himself/herself as a public official or as an employee of a bank, insurance or credit institution or states that he/she is associated with such institutions or organisations,
By stating that he/she has a relationship with public officials, that he/she is respected by them and by promising that a certain work will be performed
If committed, it occurs within the scope of Article 158 of the TPC. Today, when the rapid development of social media tools and technology, and the rapid increase in the interaction between people in parallel with this, it is inevitable that there will be an increase in the crime of fraud. Nowadays, simple and classical crimes such as theft and plunder have been replaced by complex crimes such as fraud, which are committed more insidiously, especially by using these new technological developments.
.
The crime of fraud is a crime in which the perpetrator, who aims to obtain the assets of another person, uses fraud as a means to achieve this goal and as a result of fraudulent acts as a means, the perpetrator obtains an unfair benefit related to the assets in favour of himself or a third party, to the detriment of the person or another person who is subjected to fraudulent behaviour. The offence requires some fraudulent behaviours of the perpetrator. These fraudulent behaviours are carried out in order to deceive the complainant into handing over an asset value to him. In this way, the perpetrator obtains a benefit in favour of himself or someone else and this occurs to the detriment of the victim.
The offence of fraud and its penalty is regulated in Article 157 of the TPC. Article 157 of the TPC stipulates the simple form of the offence of fraud. In Article 158, the offence of qualified fraud, and in Article 159, fraud is regulated as a condition that requires less punishment if it is committed in order to collect a receivable based on a legal relationship.
You can access our other article examples and petition examples by clicking here.