Due to the growing role of technology in the banking sector, scams involving the use of digital platforms and phishing techniques have become more widespread. In this article, we will focus on the legal framework of bank fraud and phishing in the Turkish law, which is very complete and covers almost every aspect of the Turkish Penal Code (TCK) on the one hand, the most relevant court rulings on this issue, on the other hand.
Bank Fraud with Financial Institutions (TCK Article 158/1-f)
Using financial institutions in banking fraud is a kind of aggravated fraud according to the Turkish Penal Code (TCK) Article 158/1-f. This is the case where financial organizations such as banks or credit institutions, or their assets such as checks, credit cards, or the websites that enable. to the crime: 4-10 years of imprisonment and a fine at least twice the illicit gain should be paid as a penalty.
Among the most significant elements of the criminal act are:
The exploitation of the bank's reputation and resources to deceive the victims.
Fraud that is initiated with the help of banking instruments or digital systems like cheques, credit cards, or online banking portals is also a part of this deed.
By either public or private banking institutions, this fraud type can be done through them in equal ways on the condition that the law must be obeyed.
Phishing Scams: A Modern Method of Fraud
The fraudulent conduct most spoken of and the most widely employed among the people today is known as phishing. It entails the scamming of people by the scammers who create fake web pages or use similar-looking financial messages pretending to be some kind of a bank asking for personal information the victim.
In a case that will go down in history and that was scrutinized by the Court of Appeals of Turkey, the court investigated an incident where one victim, who was browsing Facebook, was deceived by a creative scam. The youth opened a fake banking site that was an exact duplicate of a bank's web. While the victim, who thought it was legitimate, entered his card details, and six thousand and two hundred 6.200-TL got transferred from his account to a different account, the thieves set up.
The court had to solve the specific legal question of whether the accused was guilty of the crime of theft using information systems under Article 142/2-e of the Turkish Criminal Code or fraud using financial institutions under Article 158/1-f. The court concluded that as the victim's consent had been obtained through deception, this was thus a fraud case rather than a theft case.
Bank Fraud Turkey
Phishing frauds are categorized under Article 158/1-f defining the crimes, where the information system, bank or credit system is the means among other means of committing crime. Accordingly, the punishment for phishing scam is similar to that of bank fraud, where the convicts have to serve a jail term of four to ten years in addition to imposing a heavy court fine.
People who resort to phishing scams consider this to be the most advanced form of fraud since people of several high ranks have endorsed placing their faith in what is in fact an undecorated scheme of a well-known bank or an investment company. Phishing schemes further the criminals' use of information technology in that it allows them to coax the victims into forwarding their proprietary information and enticing them to use their computers to facilitate the systems of the banks or credit institutions from where they can borrow or make deposits.
Judgment on Phishing in Courts
Referring to the Appeals court decision in regards to phishing, the court stated that those are certain elements: The defendant was induced to provide her social security number and banking information to an operational internet site which was a replica of the real bank's internet banking system. The defendant's conveyance of this information enabled the state apparatus to reach into the defendant's bank account, obtaining and distributing money without his active cooperation or full consent. The court held that the conduct of the con men in that case constituted honest misrepresentation of facts to the victim leading them to willingly part with their private information, hence it was criminal fraud under Article 158/1-f of TCK instead of criminal theft.
This case underscores the importance of distinguishing between crimes where the victim’s consent is obtained through deception (fraud) and crimes where no consent is given at all (theft).
Different Types of Phishing
Phishing is not a singular method; it encompasses various techniques, including:
Search Engine Phishing: Fraudsters create fake websites that appear in search engine results to trick users.
Voice Phishing (Vishing): This method involves phone calls where fraudsters impersonate legitimate institutions to extract personal information.
SMS Phishing (Smishing): Scammers send fake text messages claiming to be from banks or other trusted institutions, urging victims to click on malicious links or provide personal details.
In all forms of phishing, the ultimate goal is to deceive the victim into voluntarily providing access to their personal and financial information, which is then used to commit fraud.
Key Legal Considerations
The legal consequences of phishing and bank fraud extend beyond criminal penalties. Victims of such scams may seek civil remedies to recover their lost funds. At CCS Law Istanbul, we provide expert legal assistance in both criminal and civil matters, ensuring that perpetrators are held accountable and that victims receive the compensation they deserve.
Moreover, phishing is considered a cybercrime, and as such, Turkish courts are increasingly focusing on these cases as the digital landscape evolves. With the proliferation of digital banking and online transactions, legal measures against phishing and bank fraud are crucial to protecting both consumers and institutions.
Conclusion: Expert Legal Support for Bank Fraud and Phishing Cases
At CCS Law Istanbul, we offer comprehensive legal services for victims of bank fraud and phishing. Our team of experienced criminal lawyers is well-versed in Turkish criminal law, including cases involving phishing scams, bank fraud, and other financial crimes.
If you believe you have been a victim of phishing or bank fraud, or if your institution has been targeted by fraudsters, contact CCS Law Istanbul for professional legal advice and representation. We are here to help you navigate the complexities of Turkish law and ensure that your rights are fully protected.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
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