With the widespread use of information technologies today, fraud offences have increasingly moved into the digital environment, with traditional methods being replaced by offences committed through the internet, mobile applications and electronic communication tools. Under Turkish Criminal Law, such acts are classified as aggravated fraud committed through the use of information systems and are subject to severe penalties.

Fraud is generally defined as deceiving a person through fraudulent conduct and, as a result of such deception, obtaining a benefit for the perpetrator or another person. However, where the offence is committed through the use of information systems, Turkish law classifies it as an aggravated form of fraud. This is due to factors such as the relative ease with which the offence can be committed, the potential for a large number of victims and the possibility of substantial financial losses.

Under Article 158 of the Turkish Penal Code, which regulates aggravated fraud, information systems include computers, mobile phones, websites, social media platforms, mobile applications and similar digital infrastructures. Common examples of this type of offence include fraudulent sales conducted through fake websites, taking control of social media accounts and requesting money from third parties, fake investment platforms, and obtaining bank account or card information through phishing methods.

For the offence of aggravated fraud through the use of information systems to occur, the perpetrator must deceive the victim through fraudulent conduct and obtain a benefit as a result of that deception. In the digital environment, fraudulent conduct is often carried out through professionally prepared fake content, websites impersonating legitimate institutions, or messages designed to create a sense of trust. As a result, victims may be more likely to be deceived, while detecting and investigating such offences often requires technical examination.

The penalties prescribed for this type of offence are considerably more severe than those applicable to simple fraud. In cases of aggravated fraud committed through the use of information systems, the perpetrator may be subject to both imprisonment and a judicial fine. Furthermore, where the offence is committed by using banks or credit institutions as instruments of the crime, the applicable penalties may be even more severe.

In practice, the collection of evidence is of critical importance in fraud cases involving information systems. IP records, banking transactions, digital correspondence and technical reports are among the factors that may directly affect the course of an investigation. In such cases, it is essential for both victims and suspects to make proper use of procedurally appropriate defence mechanisms and legal remedies.

For victims, it is important to file a criminal complaint properly and to conduct the technical and legal processes together in order to determine the extent of the financial loss and identify the perpetrator. For persons who are suspects or defendants, it is equally important to carefully examine whether the legal elements of the offence have actually been established, whether information systems were genuinely used as an instrument for committing the offence, and whether the allegations have a sufficient legal basis.

Cases involving aggravated fraud committed through information systems require specialised legal expertise, both because of the severity of the potential penalties and their technical nature. For this reason, conducting the proceedings with the assistance of a lawyer experienced in criminal law and cybercrime is of great importance in preventing consequences that may be difficult to remedy. Procedural errors made during the investigation or prosecution stages may result in consequences that directly affect an individual's liberty.

For the effective and secure management of legal proceedings relating to such offences, obtaining professional legal assistance from Yavuz Legal, which provides legal services in the fields of criminal law and cybercrime, is important both for addressing the losses suffered by victims and for ensuring the effective exercise of the right to defence.

This article has been prepared for informational purposes by Attorney Aykut Yavuz, who practices in the fields of criminal law and cybercrime. Aggravated fraud offences committed through information systems involve not only technical issues but also serious legal consequences. It is therefore essential that the legal process be handled carefully, professionally and with a proper understanding of the applicable law.

Attorney Aykut Yavuz