Introduction
Marriage promise fraud in Turkey has become a concerning issue, especially for foreigners who may be unfamiliar with the local legal framework and cultural dynamics. This type of fraud occurs when an individual pretends to intend marriage but in reality seeks to gain financial benefits by exploiting the victim’s trust and emotions. Unlike genuine relationship disputes, this is considered a criminal act under Turkish law and can lead to serious penalties for the offender. Understanding how the law treats such cases is crucial for anyone who may face this unfortunate situation.
What Is Marriage Promise Fraud?
Marriage promise fraud refers to situations where one party convinces another of a marriage commitment without any real intention to marry. The goal is usually to obtain money, jewelry, or other valuables. In Turkey, this is not merely a broken promise but a form of fraud (dolandırıcılık) as defined by the Turkish Penal Code.
Key elements of this crime include:
- A false marriage promise made to create trust.
- The victim providing money or property based on that promise.
- The perpetrator never intending to fulfill the marriage commitment.
Legal Framework in Turkey
Turkish Penal Code (TCK) Provisions
- Article 157 (Simple Fraud): Covers situations where a person deceives another for financial gain.
- Article 158 (Aggravated Fraud): When fraud is committed by exploiting trust, emotions, or social relationships, the punishment increases significantly.
For marriage promise fraud, courts often apply Article 158, as the offender abuses personal and emotional trust to commit the crime. Penalties range from 3 to 10 years in prison plus fines.
How Turkish Courts View These Cases
The Turkish Court of Cassation (Yargıtay) has made several rulings on marriage promise fraud.
- If the relationship started with genuine intentions but ended due to disagreements, it is not fraud.
- If, from the beginning, the offender never intended to marry and only used the promise to gain money, it is fraudulent conduct.
Therefore, the main question in court is: Was there real intent to marry, or was it a deception from the start? Evidence such as money transfers, messages, witness statements, and behavior patterns play a vital role.
Legal Remedies for Victims
- Criminal Complaint:
- Victims can file a complaint with the Public Prosecutor’s Office.
- The offender may face prosecution for fraud, which can result in imprisonment.
- Compensation Claims:
- Victims may also file a civil lawsuit for compensation.
- Under the Turkish Code of Obligations, claims can be based on unjust enrichment or tort liability.
- Return of Assets:
- Money, jewelry, or property given under the false promise can be reclaimed through court orders.
Why Foreigners Are More Vulnerable
Foreigners may be more at risk due to:
- Limited knowledge of Turkish law.
- Language barriers that prevent them from fully understanding promises or agreements.
- Emotional vulnerability when entering cross-cultural relationships.
Fraudsters sometimes specifically target foreigners, knowing they may hesitate to go through legal procedures in a different country.
Practical Tips to Avoid Marriage Promise Fraud
- Verify Intentions: Do not make financial commitments without concrete marriage steps (such as official engagement, family introductions, or legal paperwork).
- Document Transfers: Always keep records of money or assets given.
- Seek Legal Advice: Consult a Turkish lawyer if asked to provide significant financial support.
- Trust Actions, Not Words: Promises without formal engagement or marriage procedures should be treated cautiously.
Conclusion
Marriage promise fraud in Turkey is not simply a personal disappointment; it is a serious criminal offense. Foreigners must remain cautious when entering relationships that involve financial exchanges based on marriage promises. Turkish law provides both criminal prosecution and civil compensation remedies for victims.
If you suspect you are a victim of such fraud, it is essential to contact a qualified lawyer in Turkey immediately to protect your rights and pursue justice
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