Elements of the Aggravated Fraud Crime
Aggravated fraud is a type of crime regulated in the Turkish Penal Code (TCK) and is subject to more severe penal sanctions than simple fraud. This crime occurs when fraud is committed using certain fraudulent methods. The elements of the aggravated fraud crime are discussed in detail below and explained with examples.
1. What is Aggravated Fraud?
Definition: Aggravated fraud is a type of crime that occurs when the crime of fraud is committed using more complex, planned or special fraudulent methods. This type of fraud generally involves situations where the victim suffers greater damage or those involved in the crime abuse a special relationship of trust.
Regulation in the TCK: Aggravated fraud is regulated in Article 158 of the TCK. This article lists certain conditions that qualify the crime and states that the penalty for the crime will be aggravated.
2. Elements of the Crime
2.1. Fraudulent Acts
Definition: The basic element of the crime of fraud is that the perpetrator engages in fraudulent acts in order to deceive the victim. Fraud involves deceiving the victim in a way that will cause him/her harm by misleading his/her will.
Aggravated Fraud: In aggravated fraud, fraud is committed in a more complex and effective manner. For example, methods such as using forged documents, impersonating official institutions or authorized persons can be given as examples of aggravated fraud.
Example: If a person deceives the victim by promising to make a high-interest investment using a fake bank manager identity, this situation can be an example of aggravated fraud.
2.2. Damage to the Victim
Element of Damage: In order for the crime of fraud to occur, there must be damage to the victim’s assets. In aggravated fraud, the victim suffers a financial loss as a result of the perpetrator’s fraudulent acts.
Example: The perpetrator takes the victim’s money by making the victim invest in a fake real estate project and uses this money for his/her own benefit. The victim’s investment remains unrewarded and suffers a loss.
2.3. Intention to Deceive (Deceitful Will)
Intention Element: The perpetrator’s intention to deceive the victim through fraudulent acts is one of the most important elements of the crime of fraud. The perpetrator aims to deceive the victim by abusing his trust.
Example: The perpetrator shows the victim a fake contract, making the victim think that he/she has invested the money in exchange for a service or product. However, in reality, no such service or product is provided.
2.4. The Perpetrator’s Use of Special Methods
The Distinguishing Feature of Aggravated Fraud: In aggravated fraud, the fraudulent methods used by the perpetrator are more complex than simple fraud. In particular, elements such as abusing trust, forging official documents, and committing fraud using information systems fall within the scope of aggravated fraud.
Example: A person setting up a fake e-commerce site on the internet to receive payments from victims but not sending the product is an example of qualified fraud committed through information systems.
3. Aggravating Circumstances of the Crime of Qualified Fraud
The crime of qualified fraud may result in higher penalties if there are certain aggravating circumstances. These circumstances may vary depending on the manner in which the crime was committed or the circumstances in which the crime was committed.
3.1. Use of Public Institutions and Organizations as a Tool
Explanation: Committing the crime of fraud by using a public institution or organization as a tool makes the crime qualified. For example, a fraudster deceiving people by using a fake public official identity is an example of qualified fraud.
3.2. Exploitation of Religious Feelings
Explanation: The perpetrator’s fraudulent actions by exploiting the victim’s religious feelings are among the aggravating circumstances of qualified fraud. For example, if a person collects money by claiming to collect donations for religious charity and uses this money for personal interests, this falls within this scope.
3.3. Use of Information Systems
Explanation: If the crime of fraud is committed using the internet, computer systems or other information tools, it also becomes a crime. Frauds committed over the internet in particular can be evaluated within this scope.
Example: Setting up a fake online sales platform and receiving money from people in exchange for products, but not delivering the products is an example of this crime.
4. Penal Sanctions Regarding Aggravated Fraud
Penalties: According to the Turkish Penal Code, the crime of aggravated fraud is subject to more severe penalties than simple fraud. Depending on the way the crime is committed, a prison sentence of 3 to 10 years and a judicial fine may be applied.
Case Study: If a company defrauds investors by issuing false documents and causes serious financial losses as a result of this fraud, the perpetrators may be punished with a long term of imprisonment.
5. Ways to Protect Yourself
Be Careful: Victims should be especially careful about suspicious promises, fake documents and unreliable commercial offers to protect themselves from fraud attempts.
should be careful.
Legal Consultation: In cases of qualified fraud, it is important for victims to receive legal support from a lawyer in order to protect their rights. With the help of a specialist lawyer, victims of fraud can compensate for their financial losses and ensure that the criminals are punished.
Qualified fraud is a crime subject to severe penal sanctions and occurs as a result of fraudulent acts being committed with more complex methods. Victims should be careful against such frauds and seek legal support when necessary. Those who commit qualified fraud may face both imprisonment and a fine.
