INKO LEGALINKO LEGAL Attorneys at Law
CRIMINAL LAW

Economic Offences and Offences Against Property

Offences against property and economic offence files run on documents and records: contracts, bank transactions, commercial books, correspondence. The first question in these files is whether the matter falls within criminal law at all; the characterisation determines the court, the availability of reconciliation and the penalty together.

Failure to pay a debt is not in itself an offence; fraud (Articles 157-158 of the Turkish Penal Code, TCK) requires deceptive conduct capable of misleading the other party and present when the relationship was formed, and difficulty in performance arising later is as a rule a matter for a civil action. In theft, fraud, breach of trust and damage to property, genuine remorse and full reparation before the prosecution begins reduces the penalty by up to two thirds, and remedying it before judgment by up to half (Article 168 TCK). Reconciliation depends on the offence and the catalogue and exclusions in Article 253 of the Code of Criminal Procedure (CMK). In offences subject to complaint, the complaint period is six months from learning of the act and the offender (Article 73 TCK).

What we do in this area

The common feature of offences such as fraud, breach of trust, theft, damage to property, forgery of documents, misuse of bank or credit cards, unlawful access to information systems and laundering of assets derived from crime is that the file runs largely on documents and records: contracts, bank transactions, commercial books, land registry records, e-mail and message correspondence. In these files the firm acts as defence counsel for the accused and as counsel for the party harmed by the offence (an individual, a company or a bank) as intervening party. Where a dispute arising from a commercial relationship has turned into a criminal file, the defence starts from the question of whether the matter falls within criminal law at all.

This page is a sub-topic of the criminal law tree. In forgery and fraud files arising from real estate, the criminal proceedings run in parallel with the action for annulment of the title deed and re-registration; in files internal to a company, the commercial and company law side is also engaged.

Common types of file

Offence Basis Typical case
Fraud and aggravated fraud Articles 157-158 of the Turkish Penal Code (TCK) Sale through a fake advertisement, transactions using a bank or information system as an instrument, abuse of the status of merchant
Breach of trust Article 155 TCK Failure to return entrusted property, appropriation of money or goods handed to an employee
Theft Articles 141-142 TCK Theft from business premises and dwellings, aggravated forms
Forgery of documents Articles 204-207 TCK Forged power of attorney or signature, forged document underlying a land registry transaction
Misuse of bank or credit cards Article 245 TCK Use of another person's card, production of counterfeit cards
Cybercrime Articles 243-244 TCK Account takeover, alteration or destruction of data
Laundering Article 282 TCK Passing proceeds of crime through bank and company accounts
Fraudulent and negligent bankruptcy Articles 161-162 TCK Removal of assets before bankruptcy

Criminal or civil: why characterisation matters

Failure to pay a debt in a commercial relationship does not in itself constitute an offence. Fraud requires deceptive conduct capable of misleading the other party and present when the relationship was formed; in the settled practice of the Court of Cassation (Yargıtay), difficulty in performance arising after the contract was concluded is as a rule a matter for a civil action. Breach of trust, on the other hand, requires the use of the property for a purpose other than that for which it was handed over, or denial of the handover (Article 155 TCK). The characterisation determines together whether the file will be heard by the criminal court of first instance or the assize court, whether it is subject to reconciliation and the range of the penalty.

Effective remorse, reconciliation and complaint

In theft, damage to property, breach of trust, fraud, fraudulent bankruptcy and negligent bankruptcy, if the offender demonstrates genuine remorse and fully remedies the victim's loss before the prosecution begins the penalty is reduced by up to two thirds, and if before judgment by up to half (Article 168 TCK); in the case of partial remedy the reduction depends on the victim's consent. Reconciliation depends on the catalogue and exclusions in Article 253 of the Code of Criminal Procedure (CMK), rather than a blanket distinction between basic and aggravated offences. Breach of trust under Article 155/2 TCK is not automatically excluded, while the motor-vehicle form under Article 155/3 is excluded. Fraudulent and negligent bankruptcy are not included merely because they are property offences. In property offences committed between certain relatives, personal impunity or a reduction of penalty applies, and in some cases prosecution depends on a complaint (Article 167 TCK). Reconciliation and the other alternative procedures are described on the reconciliation, expedited trial and simplified trial procedures page.

Seizure of assets and trustee

Immovable property, rights and receivables in respect of which there is strong suspicion that they were obtained through an offence may be seized by a judge's order (Article 128 CMK); in certain offences committed in the course of a company's activities a trustee may be appointed to the company's management (Article 133 CMK). These orders may be objected to, and the scope and proportionality of the measure are argued at every stage. In the event of conviction, the object and proceeds of the offence may be confiscated (Articles 54-55 TCK).

Time limits and points to watch

In offences subject to complaint, the complaint is made within six months of learning of the act and the offender (Article 73 TCK). Bank records, camera footage and information system records are deleted over time; early application is needed to secure evidence. For the accused, the most common problem is that favourable documents do not enter the file and the court-appointed expert report relies on one-sided data; the objection to the report and the request for further examination are made in time.

How we work

The firm builds the file on the flow of documents and records: a table of money movements, the chain of contracts, the status of documents as originals or copies. On the side of the accused, the distinction between criminal and civil, effective remorse and the reconciliation options are assessed together; on the side of the intervening party, securing of evidence, the request for seizure and the parallel conduct of the civil action are planned.

FREQUENTLY ASKED

What people ask about this area

Can I file a complaint for fraud against someone who has not paid their debt?
A complaint can be filed; however, fraud requires deceptive conduct that was present when the relationship was formed and capable of misleading the other party (Article 157 of the Turkish Penal Code, TCK). Disputes arising from payment difficulties that occur after the contract was concluded are as a rule a matter for a civil action, not a criminal investigation. The position changes if there are concrete facts showing that there was no intention to pay from the outset (forged documents, false statements, other victims of the same method).
If I pay for the loss, will I avoid a penalty?
Remedying the loss does not eliminate the penalty; where Article 168 applies and its genuine-remorse and reparation conditions are met, it provides a reduction: up to two thirds if remedied before the prosecution begins, up to half if remedied before judgment (Article 168 of the Turkish Penal Code, TCK). If the offence falls within the scope of reconciliation, reconciliation and performance of the undertaking close the file with a decision of non-prosecution or discontinuance (Article 253 of the Code of Criminal Procedure, CMK). The route depends on the specific offence and statutory exclusions; not every aggravated offence is excluded from reconciliation.
A company employee collected money and did not hand it over. Which offence is involved?
The offence of embezzlement is regulated for public officials; in the private sector, appropriation by an employee of money handed over by reason of their duties is assessed as breach of trust by reason of service (Article 155/2 of the Turkish Penal Code, TCK). For bank employees there is a separate embezzlement provision in the Banking Law No. 5411. The characterisation varies according to whether the employee had authority to collect and at what stage the money was received.
My bank account and my immovable property have been seized. What can be done?
A seizure order is open to objection (Article 267 et seq. of the Code of Criminal Procedure, CMK); the objection argues that there is no strong suspicion, that the connection between the assets and the offence has not been shown, or that the measure is disproportionate. The measure is a provisional act whose lifting or narrowing may be requested throughout the investigation and prosecution. In the event of acquittal or non-prosecution, the seized assets are returned.

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IMPORTANT NOTICE

This page is general information only and does not constitute legal advice. Every file is assessed on its own documents, dates and parties; the general explanations here cannot be applied directly to your own situation. Prepared in line with the Union of Turkish Bar Associations’ advertising restrictions. This English text is a courtesy translation prepared by the firm; in case of any discrepancy the Turkish text prevails.

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