Offence · TCK 157 · 158 · 168
A fraud charge in Türkiye, and the one letter that sets the floor.
A fraud allegation in Türkiye can be a summary matter or a case with a four-year floor, and the difference is one letter in a single article. TCK 157 sets the offence at one to five years. TCK 158 lists twelve qualified forms, five of which raise the minimum to four years and tie the fine to twice the benefit obtained. This page sets out where those lines fall and what moves them.

If you are being questioned at this moment
- Remain silentYou are not obliged to answer the questions put to you. Silence is not an admission and may not be recorded as one.Say this in TurkishKonuşmak istemiyorum.
- Demand counselSay it clearly and repeat it. Ask for an interpreter in the same sentence — you are entitled to one.Say this in TurkishAvukat ve tercüman istiyorum.
- Sign nothingA record written in Turkish that you could not read still binds you.Say this in TurkishAnlamadığım belgeyi imzalamayacağım.
- Get word outSomeone outside must know where you are and which authority is holding you. Your consulate may be notified.Say this in TurkishAilemi aramak istiyorum.
“Avukatım gelmeden ifade vermeyeceğim ve hiçbir evrak imzalamayacağım.”
I will not give a statement and will not sign any document until my defence lawyer arrives.
CMK m. 147/1-e — susma hakkı · CMK m. 154 — müdafi ile görüşme hakkı
for the officer
What the article actually requires
Fraud is TCK 157, and the wording is narrower than the word suggests. Three things must be present together: deceitful conduct (hileli davranış), a person who was deceived by it, and a benefit obtained for the accused or for someone else to the loss of that person or of another. The sentence is one to five years' imprisonment and a judicial fine of up to five thousand days.
Each of the three is a place where a file can be attacked, and they are attacked in a fixed order. Was there conduct designed to create a false picture, or only a promise that was not kept? Was anyone in fact deceived by it, and who? Did a benefit pass, and did it pass because of the deception rather than alongside it? A complaint that describes an investment that lost money, a partner who stopped paying, or goods that arrived late has not yet described any of the three.
The lesser form that is rarely mentioned early
TCK 159 covers fraud committed in order to collect a debt founded on a legal relationship. It is prosecuted only on complaint and carries six months to one year's imprisonment or a judicial fine. Where the money was genuinely owed and the dispute is about how it was recovered, the article that fits may be this one and not TCK 157.
The fine is not the small part
Under TCK 52, a judicial fine is a number of days multiplied by a daily amount the court sets at between one hundred and five hundred Turkish lira according to the person's means. TCK 157 and TCK 158 both allow up to five thousand days. At the top of both scales that is two and a half million lira, and it can be ordered alongside a prison sentence that is suspended.
TCK 158: the twelve qualified forms
Where any of the forms listed in TCK 158/1 is present, the range becomes three to ten years' imprisonment and a judicial fine of up to five thousand days. For five of the twelve, the article then adds a second rule: the minimum sentence cannot be less than four years, and the fine cannot be less than twice the benefit obtained from the offence.
| 158/1 | The qualified form | Floor |
|---|---|---|
| (a) | By exploiting religious belief and feeling | Three years |
| (b) | By taking advantage of the dangerous situation or hard circumstances a person is in | Three years |
| (c) | By taking advantage of weakness in a person's capacity to perceive | Three years |
| (d) | By using public institutions, public professional bodies, political parties, foundations or associations as a vehicle | Three years |
| (e) | To the loss of public institutions and organisations | Four years |
| (f) | By using information systems, banks or credit institutions as a vehicle | Four years |
| (g) | By taking advantage of the facility provided by press and broadcast media | Three years |
| (h) | By traders, company managers or persons acting for a company in the course of commercial activity; by cooperative managers within the cooperative's activity | Three years |
| (i) | By members of the liberal professions, abusing the trust placed in them because of their profession | Three years |
| (j) | In order to procure the grant of a credit that should not have been granted | Four years |
| (k) | In order to obtain an insurance sum | Four years |
| (l) | By presenting oneself as a public official or an employee of a bank, insurance or credit institution, or by saying one is connected with such bodies | Four years |
Paragraph (f) is the one that reaches most foreign nationals. A transfer arranged over a banking app, an exchange account, a messaging platform or a website will usually be charged under it, which is why so many files that look modest start at four years rather than one.
Two multipliers that sit on top
TCK 158/2 applies the same range to a person who obtains a benefit by deceiving someone with a claim of connections with public officials and a promise that a matter will be arranged.
TCK 158/3 applies to both TCK 157 and TCK 158. Where the offence is committed by three or more persons together, the sentence is increased by half. Where it is committed within the activity of an organisation formed to commit crime, the sentence is doubled. This paragraph, not the underlying facts, is usually what turns a file into a long one.
The provision added in July 2026
TCK 158/4 was inserted on 16 July 2026. Where a person's participation in a TCK 157 or 158 offence is limited to handing over a payment instrument such as a bank or credit card, or the credentials or devices that allow an account to be used at a bank, an intermediary institution, a payment service provider or a crypto-asset service provider, the sentence is reduced by half. It is a reduction, not an acquittal, and it presupposes participation. If you were paid to open accounts, see the page on account lending and money mule allegations.
Effective remorse, and why the date decides the size
TCK 168 applies to fraud by name. It is the single largest lever in most files, and it is governed by when the money is repaid rather than by how sorry anyone is.
- Where the offender, the instigator or an accomplice personally shows remorse and fully makes good the victim's loss, by returning the thing itself or by compensation, after the offence is complete but before prosecution has begun — up to two thirds is taken off the sentence.
- Where the same is done after prosecution has begun but before judgment — up to one half.
- Where the repayment is partial, TCK 168/4 requires the victim's consent before the article can be applied at all.
What repayment also unlocks
Repayment is a precondition elsewhere as well. Under CMK 231, deferral of the announcement of the judgment (hükmün açıklanmasının geri bırakılması) is available where the sentence is two years or less, the defendant has no previous conviction for an intentional offence, and the loss caused to the victim or to the public has been fully made good. The supervision period that follows is five years. Under TCK 51, suspension of a sentence of two years or less may likewise be made conditional on full compensation.
Settlement is open for TCK 157 and closed for TCK 158
Under CMK 253/1-b-8, fraud under article 157 is within the scope of criminal mediation (uzlaştırma). Qualified fraud under article 158 is not listed. Where mediation succeeds and the undertaking is performed at once, the prosecutor issues a decision not to prosecute. That is a second reason why the question of which article applies is worth fighting at the investigation stage rather than at trial. See the page on criminal mediation.
Where a defence actually starts
Fraud files are built from documents, and they are answered from documents. Four questions decide most of them.
Which representation, made to whom, and when
A charge under TCK 157 has to identify the deceitful conduct. In practice that means a message, a contract, an invoice, a website, a licence document or a call. If the indictment cannot point to one, or the one it points to came after the money moved, the element is not made out. An unpaid obligation is not deceit that produced a payment.
Which letter of TCK 158, if any
Prosecutors plead paragraph (f) broadly because almost every modern payment touches a bank or an information system. Whether a bank was used as a vehicle of the deception, or merely used to move money that was handed over for other reasons, is a real argument and it is worth four years of floor.
How many offences there are
Under TCK 43, where the same offence is committed more than once against the same person in execution of a single decision to offend, one sentence is imposed and increased by one quarter to three quarters. The same applies where one act harms several people. Whether twenty transfers are twenty offences or one chained offence (zincirleme suç) changes the arithmetic more than any speech in mitigation.
Who the complainant is
TCK 167 provides that where these offences are committed to the loss of a spouse against whom no separation order has been made, of an ascendant or descendant or an in-law of that degree, of an adoptive parent or adopted child, or of a sibling living in the same house, no penalty is imposed on that relative. Where the loss falls on a separated spouse, a sibling not living in the same house, or an uncle, aunt, nephew, niece or second-degree in-law living in the same house, the sentence is halved on complaint. Family and household money disputes reach police stations far more often than that article is applied.
Custody, remand, and which court hears it
Qualified fraud is not in the catalogue at CMK 100/3. That matters: no ground for remand is presumed. A remand order has to rest on strong suspicion supported by concrete evidence and on a ground under CMK 100/2 — concrete facts raising a suspicion of flight or of hiding, or conduct raising strong suspicion of destroying evidence or of pressuring witnesses. Against a foreign national, the ground cited is almost always the first, and it is argued on residence, family, employment and travel history rather than on nationality.
Where the maximum sentence does not exceed two years, CMK 100/4 forbids remand altogether. That covers TCK 159.
Outer limits on remand
Under CMK 102, in matters outside ağır ceza jurisdiction remand may not exceed one year, extendable by six months with reasons; within ağır ceza jurisdiction, two years, extendable by a total of no more than three further years. At the investigation stage the caps are six months and one year respectively. Extension decisions are taken only after the views of the prosecutor, the accused and defence counsel are obtained, which makes each one an opportunity rather than a formality.
Which court
Ağır ceza courts hear, among other things, offences requiring more than ten years' imprisonment (Law no. 5235, article 12). TCK 158/1 tops out at exactly ten, so a straight qualified fraud file is heard by the asliye ceza mahkemesi. Where the indictment also invokes TCK 158/3, the ceiling rises past ten and the file moves to the ağır ceza mahkemesi — with the longer remand limits above attached to it.
You are not automatically given a lawyer
Counsel is appointed without a request under CMK 150/3 only where the offence carries a lower limit of more than five years. The qualified fraud floors of three and four years sit below that line. Under CMK 150/1 a lawyer is appointed on request where a person states they cannot afford one. In a fraud file the request has to be made; nobody makes it for you.
Time limits on the case itself
Under TCK 66, the limitation period is eight years for offences carrying no more than five years — TCK 157 — and fifteen years for offences carrying more than five and less than twenty, which covers TCK 158.
What is different because you are not Turkish
Interpretation is narrower than people expect. Under CMK 202, where the accused cannot express themselves adequately in Turkish, the court-appointed interpreter renders the essential points of the accusation and the defence. That is not a running translation of the hearing and it is not a translation of the file. Separately, on the reading of the indictment and on the final opinion, the accused may make an oral defence in another language of their choosing through an interpreter they select from the official list, at their own cost. In a document-heavy fraud file, arranging translation of the file itself is a task for the defence.
Your consulate is told unless you object. Under CMK 95/2, where the person taken into custody is a foreign national, their state's consulate is notified unless they object in writing. Consulates do not defend the case; they confirm identity, pass messages and can observe conditions.
The exit ban is the ordinary outcome, not the exception. CMK 109/3-a lists not leaving the country (yurt dışına çıkamamak) as a judicial control measure, and it is imposed as an alternative to remand in a large share of economic files. The same article allows a security payment fixed by the judge, and a separate security to protect the victim's rights. A person released this way is free and cannot go home; on a fifteen-year limitation period, that restriction can outlast the reason it was imposed unless it is challenged and reviewed.
Conviction sets a separate process running. TCK 59 requires that when a foreign national sentenced to imprisonment is released on conditional release or supervised release, and in any event once the sentence has been served, their situation is reported immediately to the Ministry of the Interior to be assessed for deportation. Under Law no. 6458, article 54, a deportation decision is taken for those assessed as falling within TCK 59, and separately for those regarded as a threat to public order or public security. The criminal outcome and the immigration outcome are decided by different authorities on different timetables. See the page on deportation and entry bans.
What this page cannot tell you
It cannot tell you what your sentence will be. The figures above are statutory ranges; where a real case lands inside them is set by which paragraph of TCK 158 is charged, how many counts survive, whether TCK 43 or 158/3 is applied, what is repaid and when, and a discretionary reduction of up to one sixth under TCK 62. Nobody can give you a number without reading the file, and anyone who gives you one before reading it is guessing.
Questions we are asked most
I could not repay what I borrowed. Is that fraud?
If the money is repaid, how much comes off?
A friend used my bank account and now I am a suspect.
Can the complainant withdraw and end it?
Will I be held in custody until trial?
What happens to my residence permit if I am convicted?
Turkish terms on this page4 terms
The file is written in Turkish. These are the words you will see in it, with the provision behind each.
- asliye ceza mahkemesi — criminal court of first instance
- The trial court for offences not assigned to the ağır ceza court (Law no. 5235, art. 11).
- ağır ceza mahkemesi — heavy penal court
- The trial court for the listed serious offences and for any offence carrying more than ten years' imprisonment, life or aggravated life (Law no. 5235, art. 12).
- hükmün açıklanmasının geri bırakılması — deferral of the judgment (HAGB)
- Where the sentence is two years or less, the court may defer announcing the judgment (CMK 231/5) for a five-year supervision period (CMK 231/8). If the period passes cleanly the judgment is set aside and the case dismissed (CMK 231/10).
- uzlaştırma — criminal mediation
- A settlement procedure run through a mediator for the offences listed in CMK 253/1. A performed settlement closes the file without a conviction.
Legislation this page relies on
- TCK 157, 158 and 159 (Law no. 5237) — Fraud at one to five years' imprisonment and a judicial fine of up to five thousand days; the twelve qualified forms in TCK 158/1 at three to ten years with the same fine ceiling, and the rule that in paragraphs (e), (f), (j), (k) and (l) the prison minimum cannot be below four years and the fine cannot be less than twice the benefit obtained; the influence-peddling form in 158/2; the increase by half where three or more persons act together and the doubling where the offence is committed within the activity of a criminal organisation, under 158/3; the halving under 158/4, added 16 July 2026, where participation is limited to supplying payment instruments or account credentials, including at crypto-asset service providers; and the lesser form in TCK 159 at six months to one year or a fine, on complaint.
- TCK 168, with TCK 43, 51, 52, 62, 66 and 167 — Effective remorse: up to two thirds off for full restitution before prosecution begins, up to one half after it begins and before judgment, and the requirement of the victim's consent for partial restitution. Chained offences increased by one quarter to three quarters (43); suspension of sentences of two years or less, which may be made conditional on full compensation (51); the judicial fine as a day count multiplied by a daily amount of one hundred to five hundred lira (52); discretionary reduction of up to one sixth (62); limitation of eight and fifteen years (66); and the personal impunity and half-reduction rules for relatives (167).
- CMK 95, 100, 102, 109, 150, 202, 231 and 253 (Law no. 5271) — Consular notification unless the foreign national objects in writing (95/2); grounds for remand and the catalogue that does not include fraud (100); outer limits on remand at both stages (102); judicial control including the ban on leaving the country (109/3-a); appointment of counsel on request, and automatically only where the lower limit exceeds five years (150); interpretation of the essential points and the own-cost defence in another language (202); deferral of the announcement of the judgment at two years or less, with no prior intentional conviction, full compensation and a five-year supervision period, as amended 16 July 2026 (231); and the inclusion of TCK 157 but not TCK 158 in criminal mediation (253/1-b-8).
- Law no. 5235 art. 12 · TCK 59 · Law no. 6458 art. 54 — Ağır ceza jurisdiction over offences requiring more than ten years' imprisonment, which qualified fraud reaches only where TCK 158/3 is applied; the duty to report a sentenced foreign national to the Ministry of the Interior for deportation assessment; and the grounds on which a deportation decision is taken.
Read against the consolidated text published by mevzuat.gov.tr on 29 August 2026. Turkish legislation is amended frequently and monetary penalties are revalued; where a figure decides something for you, it should be read from the decision served on you rather than from this page.
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