HOW TO OPEN A FRAUD CASE ?
Conditions for Filing a Fraud Lawsuit
There are certain conditions to be able to file a fraud case. These terms;
-Taking advantage of the situation of people who are under difficult or dangerous situations,
-Benefit by engaging in fraudulent behavior,
-Abuse of religious beliefs,
-Exploiting the weakness of perception,
-Defrauding in order to get the insurance price,
-Defraud with the use of institutions such as public, party, foundation or profession,
-Defrauding through information systems,
-Defrauding by taking advantage of the advantages of press – publication tools
-In the event of these conditions, the crime of fraud will arise. A public trial can also be opened by the prosecutor’s office after the discovery of the crime.
How Much Is the Penalty for Fraud?
In the relevant articles of the Turkish Criminal Code for the crime of fraud; It is determined in which periods and in which way the crime will be subject to punishment. To benefit by deceiving a person with fraudulent behavior; from 1 to 5 years in prison and up to five thousand days of judicial fine will reveal the result.
After it is confirmed that the crimes considered within the framework of the law have been committed, if three or more people have committed these crimes, the penalties to be imposed are increased by half. At the same time, the penalty is increased by a factor of one for frauds committed within the scope of organizational activities created in the name of committing a crime. Within the scope of the fraud case, the detection of the crime and the manner in which it is committed are effective in determining these penalties.
Complaint Times in Fraud Cases
Within the TCK, some crimes are evaluated without depending on the complaint. Since the crime of fraud is also considered among these crimes, investigations should be carried out carefully when deciding on the punishment. If the crime of fraud is to be terminated by the delivery of a receipt to the persons, the prosecutions are carried out in a way that depends on the complaint.
Public prosecutors, on the other hand, after learning about the crime after the complaints made to them, open cases in the nature of public cases and ensure that suspicions are investigated. During this prosecution process, if it is understood that the crime subject to the case occurred due to the complaint, in this case, if the person who is the victim of the fraud incident does not withdraw his complaint, the trial will continue. For this reason, people must definitely use the right to complain within a period of 8 years.
