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The office of Av. Yakup Buğrahan SEVDİ and YBS Hukuk conducts the defence of defendants and represents victims in fraud files in Adana. The page explains the penalties for simple and aggravated fraud (TCK Art. 157, Art. 158), fraud committed through banks and information systems, the reduction for account renting added by Law No. 7589 (Art. 158/4), the removal by Law No. 7571 of aggravated fraud from the list of offences within the jurisdiction of the High Criminal Court and the transitional rule, victim-offender reconciliation (CMK Art. 253), effective repentance (etkin pişmanlık, a statutory reduction of or exemption from penalty for an offender who remedies the harm or assists in revealing the offence) (TCK Art. 168), the first steps for the victim, and the 2026 decision of the 11th Criminal Chamber of the Court of Cassation reversing a conviction because there was no fraudulent conduct.
This summary is provided for general information purposes. Specific legal matters require individual assessment.
Which Files We Take On as an Adana Fraud Lawyer
An Adana fraud lawyer is a lawyer who, in fraud (TCK Art. 157) and aggravated fraud (TCK Art. 158) files, both defends the suspect and the defendant and pursues the victim's loss. The essence of this offence is deception through fraudulent conduct; if the deceit cannot be proven, what remains is not a criminal case but a receivable dispute to be resolved before a civil court.
On this page we address issues specific to fraud files: the distinction between simple and aggravated fraud, fraud committed through banks and information systems, the 2026 amendment concerning account renting and IBAN fraud, the change in the court having jurisdiction, victim-offender reconciliation, effective repentance and the course to be followed by the victim. For the general framework of criminal law, we recommend that you refer to our Adana criminal lawyer page.
Types of Files We Take On as an Adana Fraud Offences Lawyer
- Defence against charges of aggravated fraud (TCK Art. 158).
- Fraud files in which the offence is alleged to have been committed by telephone or over the internet.
- Defence of persons who have given their account or card to another person (account renting).
- The victim's complaint, joining the case and recovery of the loss.
The Offence of Fraud and Its Penalty (TCK Art. 157)
"Hileli davranışlarla bir kimseyi aldatıp, onun veya başkasının zararına olarak, kendisine veya başkasına bir yarar sağlayan kişiye bir yıldan beş yıla kadar hapis ve beşbin güne kadar adli para cezası verilir."
"A person who deceives another through fraudulent conduct and thereby obtains a benefit for themselves or another to the detriment of that person or another shall be sentenced to imprisonment from one year to five years and a judicial fine of up to five thousand days." (Unofficial translation)
The three elements of the offence are required together: fraudulent conduct, a person deceived by that deceit, and the loss and the benefit arising as a result of the deception. A false statement made in respect of a previously incurred debt, or an unpaid receivable, does not on its own constitute fraud; this distinction is the first issue we examine in the defence.
Aggravated Fraud and the Penalty for Aggravated Fraud (TCK Art. 158)
The law has made fraud subject to a heavier penalty where it is committed by certain means or against certain persons. In the aggravated circumstances, the penalty is imprisonment from three to ten years and a judicial fine of up to five thousand days (Art. 158/1). The circumstances we encounter most frequently in practice are the following:
- The use of information systems, banks or credit institutions as a tool (Art. 158/1-f).
- The person presenting themselves as a public official or as an employee of a bank, insurance or credit institution (Art. 158/1-l).
- Commission to the detriment of public institutions and organisations (Art. 158/1-e) and commission for the purpose of collecting an insurance payment (Art. 158/1-k).
- Abuse by a merchant, company manager or self-employed professional of the trust placed in their profession (Art. 158/1-h, i).
In subparagraphs (e), (f), (j), (k) and (l), the law has set the lower limit of the prison sentence at four years and the judicial fine at not less than twice the benefit obtained from the offence (Art. 158/1, last sentence). The commission of fraud jointly by three or more persons increases the penalty by one half, and its commission within the framework of the activities of an organisation doubles it (Art. 158/3). Since the subparagraph applied changes the lower limit of the penalty, comparing the subparagraph chosen in the indictment one by one with the evidence in the file is the first task of an Adana lawyer for the offence of aggravated fraud.
| Subject | Fraud (Art. 157) | Aggravated fraud (Art. 158) |
|---|---|---|
| Prison sentence | From one to five years | From three to ten years; in subparagraphs (e), (f), (j), (k), (l), the lower limit is four years |
| Victim-offender reconciliation | Available (CMK Art. 253/1-b-8) | Not on the list |
| Limitation period for prosecution | Eight years (TCK Art. 66/1-e) | Fifteen years (TCK Art. 66/1-d) |
Fraud Through Information Systems: Telephone and Internet Files
Calls in which the caller presents themselves as a bank officer, a police officer or a prosecutor, fake shopping websites, and transactions carried out by obtaining card details and passwords are investigated on the allegation of aggravated fraud committed by using banks and information systems as a tool. In these files, the first task of an Adana lawyer for fraud through information systems is to trace the money. In identifying the offender, the starting point is often the account to which the money was transferred; the intent of the account holder is therefore at the centre of the file. If the password was obtained and the money was withdrawn directly from the account, there is also a possibility that the act will be characterised as theft committed by using information systems (TCK Art. 142/2-e). Since the legal characterisation of the offence directly affects the penalty and the court, the dispute over characterisation is the first heading of the defence; explaining this distinction at the first meeting to our readers who apply to an Adana lawyer for the offence of fraud through information systems is also our priority.
The 2026 Amendment on Account Renting and IBAN Fraud
A person who gives their bank account, card or the information used to operate the account to another person is, in most files, tried on the allegation of participation in fraud. The question most frequently put to an Adana lawyer for the offence of account renting is whether the person who gave their account can be punished even if they were unaware of the fraud; the answer depends on proof of intent. Law No. 7589 dated 16.07.2026 added a paragraph specific to this situation to TCK Art. 158.
"Bu madde ile 157 nci maddede yer alan suçlara iştirakin, kendisine veya başkasına haksız bir menfaat sağlamak amacıyla kendisine veya başkasına ait banka veya kredi kartı gibi ödeme araçlarını ya da banka, aracı kurum, ödeme hizmeti sağlayıcıları veya kripto varlık hizmet sağlayıcıları nezdinde bulunan hesabın kullanılmasını sağlayan zorunlu bilgileri veya araçları başkasına vermek fiiliyle sınırlı olması halinde verilecek ceza yarı oranında indirilir."
"Where participation in the offences set out in this Article and in Article 157 is limited to the act of giving to another person payment instruments such as bank or credit cards belonging to oneself or to another, or the information or tools necessary for the use of an account held with a bank, an intermediary institution, payment service providers or crypto-asset service providers, for the purpose of obtaining an unjust benefit for oneself or another, the penalty to be imposed shall be reduced by half." (Unofficial translation)
The paragraph assesses separately a contribution limited to giving the account; however, it presupposes the existence of participation, that is, knowledge that the account would be used in fraud. For this reason, we first discuss whether intent exists and, if intent has been proven, whether the contribution was limited to giving the account; building the defence in these two stages is the approach to be expected from an Adana account renting lawyer. We recommend that you assess separately in each file the effect of the more favourable provision of law on pending and finalised files; we have also explained the subject separately in our article IBAN victims and penalty reduction in fraud.
Which Court Hears an Aggravated Fraud Case
Law No. 7571 dated 24.12.2025 removed aggravated fraud from the list of offences within the jurisdiction of the High Criminal Court in Article 12 of Law No. 5235. A separate transitional rule was laid down for pending files.
"Bu maddenin yürürlüğe girdiği tarihte ağır ceza mahkemelerinde görülmekte olan davalarda veya istinaf ya da temyiz kanun yolu incelemesinde bulunan dosyalarda nitelikli dolandırıcılık (m. 158) suçlarına bakan mahkemenin görevinin bu maddeyi ihdas eden Kanunla değiştiği gerekçesiyle görevsizlik veya bozma kararı verilemez. Bu davalara kesin hükümle sonuçlandırılıncaya kadar bu maddenin yürürlüğe girdiği tarihten önceki göreve ilişkin kurallara göre bakılmaya devam olunur."
"In cases pending before the High Criminal Courts, or in files under review by way of appeal or appeal to the Court of Cassation, on the date on which this Article enters into force, no decision of lack of jurisdiction or reversal may be given in respect of offences of aggravated fraud (Art. 158) on the ground that the jurisdiction of the court hearing them has changed by the Law introducing this Article. These cases shall continue to be heard, until they are concluded by a final judgment, in accordance with the rules on jurisdiction in force before the date on which this Article entered into force." (Unofficial translation)
In newly filed cases, jurisdiction is determined according to the general criterion of Law No. 5235. We have explained the division of jurisdiction between the courts in detail on our Adana high criminal court lawyer page.
Victim-Offender Reconciliation, Effective Repentance (TCK Art. 168) and Remedying the Loss
Simple fraud (Art. 157) is listed among the offences within the scope of victim-offender reconciliation regardless of whether it is subject to complaint (CMK Art. 253/1-b-8); aggravated fraud is not on this list. Where reconciliation is reached and the suspect fulfils the agreed performance at once, a decision of non-prosecution is given (CMK Art. 253/19).
Remedying the loss gives rise to effective repentance in both types of offence (TCK Art. 168):
- If, before the prosecution stage begins, the victim's loss is fully remedied by restitution in kind or by compensation, up to two thirds of the penalty is reduced (Art. 168/1).
- Where effective repentance is shown after the prosecution stage has begun and before judgment is rendered, the reduction is up to one half (Art. 168/2).
- For a reduction in the case of partial restitution or compensation, the victim's consent is also required (Art. 168/4).
I Have Been Defrauded, What Should I Do: First Steps for the Victim
- Keep, without deleting them, the details of the account to which the money was sent, the transaction receipts, the correspondence and the call records.
- Apply to your bank immediately to report the transaction and obtain a record of your written application.
- File a complaint with the Chief Public Prosecutor's Office or with law enforcement; since a criminal investigation for fraud is not, as a rule, subject to complaint, the prosecutor's office acts ex officio once it learns of the offence. At this stage, the fraud lawyer you work with can prepare the list of evidence to be submitted to the Adana Chief Public Prosecutor's Office together with the receipts and correspondence.
- After the indictment has been accepted, you may join the public prosecution by declaring that you are a complainant, until the court of first instance renders its judgment (CMK Art. 237/1).
What victims defrauded by telephone or over the internet first expect from Adana lawyers for fraud through information systems is to be told whether the money can be recovered; the answer to this question varies according to how early the accounts through which the money passed are identified. In representing victims, our priority aim is, together with identifying the offender, to keep the ways of recovering the loss open at an early stage; for this reason, we recommend that you meet an Adana fraud case lawyer in the first days after the incident.
Fraudulent Conduct in Aggravated Fraud: A Court of Cassation Decision
In its decision dated 02.07.2026, numbered E. 2021/30448, K. 2026/7433, the 11th Criminal Chamber of the Court of Cassation, stating that there can be no question of fraudulent conduct where the bank could have learned the truth through a simple inquiry, reversed the conviction for aggravated fraud as follows:
"... sanık ...'nın katılan bankanın maaş müşterisi olduğu, bankacılık sisteminde sanık ... ile ilgili yapılacak basit bir araştırma sonucunda sanığın finansal bilgilerine ulaşılabileceği, bu sebeple hileli davranıştan söz edilemeyeceği dikkate alınarak sanıklara yüklenen suçun yasal unsurları oluşmaması karşısında, sanıkların üzerine atılı nitelikli dolandırıcılık suçundan beraati yerine yazılı şekilde mahkumiyetine karar verilmesi, Yasaya aykırı, ... oy birliğiyle BOZULMASINA, 02.07.2026 tarihinde karar verildi."Unofficial translation
"... in view of the fact that the defendant ... was a salary customer of the intervening party bank, that the defendant's financial information could be accessed as a result of a simple inquiry to be made in the banking system concerning the defendant ..., and that there can therefore be no question of fraudulent conduct, and in the absence of the legal elements of the offence attributed to the defendants, the decision on the conviction of the defendants as written, instead of their acquittal of the offence of aggravated fraud attributed to them, is contrary to the Law, ... REVERSAL unanimously, ... the decision was rendered on 02.07.2026."
The decision shows that, in the specific case, the deceit must be capable of deceiving, and that a statement which the other party can easily verify cannot be regarded as deceit. In files arising from bank loans and documents, we build the defence on the question of whether the institution could have learned the truth from its own records.
Adana Fraud Lawyers and How Our Office Works
As the office of Av. Yakup Buğrahan SEVDİ and YBS Hukuk, we conduct the defence of suspects and defendants and act as counsel for victims and for the intervening party (katılan, the person harmed by the offence who has joined the criminal proceedings) in fraud and aggravated fraud files in Adana, from the criminal investigation up to review by way of legal remedies. When choosing among Adana aggravated fraud lawyers, we recommend that you bring receipts, correspondence and the documents you have received through service of process to the first meeting; at the first meeting, we trace the money together with you on the basis of these documents. Showing the receipts early to an Adana aggravated fraud lawyer also helps the accounts through which the money passed to be identified in time. At the first meeting with Adana account renting lawyers of persons accused because they gave their account to another person, the messages showing to whom and on what grounds the account was given are decisive. We also recommend that you check that your lawyer is registered on the roll of a bar association by searching the bar association's roll.
In files that come to an Adana lawyer for fraud cases through information systems, the allegation sometimes comes together with a charge of unauthorised access to an account or an information system; we have prepared our Adana cybercrime lawyer page for these charges. For criminal files other than fraud, we have our drug offences, weapons offences, wounding offences and intentional homicide pages. For pre-trial detention, we recommend that you refer to our article conditions for pre-trial detention; for the deferral of the announcement of the verdict (hükmün açıklanmasının geri bırakılması, HAGB), to our article conditions for HAGB; for general questions, to our criminal law frequently asked questions page; and for a meeting, to our contact details page.
Frequently Asked Questions About the Adana Fraud Lawyer
Where is a complaint about fraud filed?
A complaint may be filed with the Chief Public Prosecutor's Office or with law enforcement. Since fraud is not, as a rule, an offence subject to complaint, the prosecutor's office initiates a criminal investigation as soon as it learns of the offence. For transactions carried out through a bank, we also recommend that you apply to your bank in writing immediately.
What does aggravated fraud mean?
Aggravated fraud is the commission of fraud in the circumstances listed in TCK Art. 158/1. Chief among these are the use of banks, credit institutions or information systems as a tool, the person presenting themselves as a public official or a bank employee, and the exploitation of religious feelings. The penalty is imprisonment from three to ten years.
How many years is the penalty for fraud?
For simple fraud, imprisonment from one to five years and a judicial fine of up to five thousand days (TCK Art. 157). For aggravated fraud, imprisonment from three to ten years (TCK Art. 158/1); commission jointly by three or more persons increases the penalty by one half, and commission within the framework of the activities of an organisation doubles it (Art. 158/3).
Is the offence of fraud subject to complaint?
As a rule, no. However, simple fraud is among the offences within the scope of victim-offender reconciliation regardless of whether it is subject to complaint (CMK Art. 253/1-b-8). If reconciliation is reached and the agreed performance is fulfilled at once, a decision of non-prosecution is given (CMK Art. 253/19).
I have been defrauded, what should I do?
Keep the receipts, correspondence and call records, apply to your bank in writing and file a complaint with the prosecutor's office. Once the prosecution stage has begun, you have the right to join the case until judgment is rendered (CMK Art. 237/1). We recommend that you start representation as a victim at an early stage in order to recover the loss.
Is a lawyer appointed free of charge in a fraud case?
In offences requiring a prison sentence with a lower limit of more than five years, defence counsel is appointed to the suspect or defendant without any request being required (CMK Art. 150/3). Since the lower limit for fraud and aggravated fraud remains below five years, the rule of mandatory defence counsel (zorunlu müdafilik, defence counsel appointed without the person's request) does not apply in these files; defence counsel is appointed, upon request, to a suspect or defendant who declares that they are not in a position to choose defence counsel (CMK Art. 150/1).
How is the lawyer's fee determined in a fraud file?
The lawyer's fee is the subject of a written agreement between the lawyer and the client; the fee may not be agreed below the Minimum Attorneyship Fee Tariff (avukatlık asgari ücret tarifesi) (Law No. 1136, Art. 164). At our office, we set the scope and the fee in writing before the work begins.
Which evidence does an Adana lawyer for fraud cases through information systems examine?
We examine to whom the account to which the money was transferred belongs, the account movements, the call records and the bank's transaction records. We discuss the intent of the account holder using evidence showing under whose control the account was used; we recommend that you bring this evidence to an Adana account renting case lawyer at the first meeting.
What should be considered when choosing a fraud lawyer?
We recommend that you check that your lawyer is registered on the roll of a bar association by searching the bar association's roll, and that you set the scope and the fee by a written agreement before the work begins.
