Romantic Scam: Legal Framework, Punishments, and Victim Remedies

Introduction

Romantic scam in Turkey has become a growing concern for both locals and foreigners who use digital platforms to build relationships. Fraudsters exploit online dating apps, social media, and messaging tools to create false promises of love and marriage. Unlike a simple disappointment in personal life, this type of fraud is recognized under the Turkish Penal Code as a serious criminal offense, especially when committed through digital means. Victims not only suffer emotional harm but also face significant financial losses, making legal awareness essential.


Definition and Core Elements of Romantic Scam

A romantic scam involves:

  • Establishing a false romantic relationship,
  • Using deception to gain the victim’s trust,
  • Requesting money, valuables, or sensitive information,
  • Having no genuine intention of commitment.

These elements constitute fraud (dolandırıcılık), and when committed online, courts generally classify it as aggravated fraud due to misuse of communication technologies.


Legal Framework in Turkey

Turkish Penal Code (TCK)

  1. Article 157 – Simple Fraud: Punishes anyone who deceives another person through false statements to gain unlawful benefit.
  2. Article 158 – Aggravated Fraud: Increases penalties if fraud is committed:
    • By exploiting trust or social relationships,
    • Through digital platforms or communication systems,
    • By using religious or emotional sentiments.

👉 In romantic scams, both emotional trust and digital platforms are exploited, so Article 158 typically applies.

Penalties

  • Simple Fraud: 1–5 years imprisonment and judicial fines.
  • Aggravated Fraud (Article 158): 3–10 years imprisonment + heavy fines.
  • If committed via the internet, courts often consider it especially harmful because the fraudster can target multiple victims anonymously, justifying the higher range of punishment.

Why Digital Platforms Increase Punishment Severity

Digital fraud cases are punished more severely for several reasons:

  • Wider Reach: A single fraudster can deceive dozens of victims across borders.
  • Anonymity: Fake profiles make it harder to trace the perpetrator.
  • Pre-meditation: Using structured online scams shows clear intent.
  • Higher Damages: Victims often send large sums through international transfers.

Courts view this as organized, calculated fraud, not a personal misunderstanding, and apply aggravated penalties accordingly.


Judicial Approach and Court of Cassation (Yargıtay) Decisions

Turkish courts have repeatedly affirmed that romantic scams constitute aggravated fraud:

  • If the relationship began with genuine intent but later ended, it is not a crime but a civil matter.
  • If the fraudster never intended marriage or commitment, only to extract money, then it is criminal fraud.
  • Yargıtay rulings emphasize that “using online platforms to create long-term trust and repeatedly demand money” satisfies the elements of aggravated fraud under Article 158.

Thus, the method of deception (digital communication) plays a decisive role in classification and punishment.


Civil Remedies for Victims

Beyond criminal prosecution, victims have rights to recover losses through civil law:

  1. Unjust Enrichment (Turkish Code of Obligations Article 77): Money or valuables obtained without legal cause must be returned.
  2. Tort Liability (Article 49): Victims can claim material and moral damages.
  3. International Claims: If the fraudster is abroad, mutual legal assistance treaties and Interpol mechanisms may be used.

Practical Steps for Victims

  • File a Criminal Complaint: Submit evidence (messages, bank transfers) to the Public Prosecutor’s Office.
  • Preserve Digital Evidence: Screenshots, emails, chat records, and receipts are critical.
  • Seek Compensation: Start a civil lawsuit parallel to the criminal trial.
  • Engage Legal Counsel: A lawyer ensures proper filing and protects victims’ procedural rights.

Preventive Legal Measures and Awareness

Governments and legal systems are increasingly adopting preventive measures:

  • Cybercrime Units: Special police departments monitor romance scam patterns.
  • Awareness Campaigns: Legal authorities advise citizens to avoid money transfers to online acquaintances.
  • Stronger International Cooperation: Since many scammers operate across borders, treaties on extradition and mutual evidence sharing are essential.

Foreigners should be especially cautious, as scammers often target them by exploiting language barriers and lack of knowledge about local legal protections.


Conclusion

A romantic scam is not a matter of failed love—it is a serious criminal offense under Turkish and international law. The use of digital platforms transforms it into aggravated fraud, carrying harsher penalties, often up to 10 years of imprisonment. Victims have both criminal remedies (punishment of the offender) and civil remedies (recovery of money and damages).

For anyone entering a relationship online, awareness is the strongest protection. If you suspect you have been targeted, take immediate legal action: collect evidence, file a complaint, and consult a lawyer.

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