Theft and Qualified Fraud Crimes Committed Through Information Systems:

A Guide for Foreign Victims in Türkiye

With technology and digital networks becoming central to our daily lives, the world of crime has also undergone a significant transformation. Traditional forms of forced theft, safe robberies, or face-to-face fraud methods have been replaced by keyboard-based crimes, fake websites, phishing attacks, and artificial intelligence-supported cyber scams. Within the framework of the Turkish Penal Code (TPC), theft and qualified fraud crimes committed through information systems are among the most complex, fastest-growing, and widest-reaching categories of crimes against property.

Foreign nationals living especially in metropolitan areas and tourism centers constitute one of the groups most frequently targeted by cybercrime networks due to factors such as language barriers, differences in digital literacy, and unfamiliarity with the local financial system.

In this comprehensive guide, we will examine in detail the legal boundaries of theft and qualified fraud crimes committed through information systems, their legal basis under the Turkish Penal Code, distinctions established in judicial decisions, and the legal steps that foreigners living in Türkiye should take if they become victims of such crimes.

1. Legal Foundations: The Concept of Information Systems and Types of Crimes Under the Turkish Penal Code

The Turkish Penal Code separately regulates the use of information systems as a means of committing crimes both in terms of theft offenses and qualified fraud offenses. Although these two types of crimes are often confused with each other, the fundamental distinction between them lies in the element of “deception (fraudulent conduct).”

A. Theft Committed Through Information Systems (Article 142/2-e of the Turkish Penal Code)

The crime of theft is defined as taking movable property belonging to another person without the consent of the possessor, with the intention of obtaining an unlawful benefit.

The commission of this crime through the use of information systems as a tool is considered an aggravated form of theft under Article 142/2-e of the Turkish Penal Code.

How Does It Occur?

This occurs when the offender transfers property by disregarding the victim’s will or by directly exploiting vulnerabilities in an information system (for example, obtaining another person’s online banking password and transferring money to their own account without authorization).

In this case, the victim is not deceived. Instead, the offender unlawfully accesses or manipulates the system or account.

Criminal Penalty

The penalty for this crime is imprisonment from 3 years to 7 years.

B. Qualified Fraud Through the Use of Information Systems as a Tool (Article 158/1-f of the Turkish Penal Code)

While the basic form of fraud is regulated under Article 157 of the Turkish Penal Code, committing fraud through information systems is regulated under Article 158/1-f as a qualified form of fraud requiring one of the most severe penalties.

How Does It Occur?

The offender deceives a person through fraudulent actions. Since the victim’s will has been impaired by deception, the victim voluntarily transfers money or provides passwords or security information to the offender.

Examples include:

• Fake e-commerce websites,
• Fake giveaways organized on social media platforms,
• Phishing emails,
• Fake investment applications,
• Transfers made following instructions from individuals pretending to be bank employees.

Criminal Penalty

The penalty for this crime is imprisonment from 3 years to 10 years and a substantial judicial fine.

Additionally, a judicial fine shall be imposed amounting to not less than twice the benefit obtained from the crime.

2. The Fine Line Between Theft and Qualified Fraud

One of the most debated issues in practice and in the decisions of the Court of Cassation is determining whether an act constitutes cyber theft or cyber fraud.

In Theft, There Is No Voluntary Action by the Victim

The victim’s account is emptied without their knowledge or consent.

The victim does not voluntarily enter information into the system. Instead, the offender directly manipulates the system or accesses the account using obtained passwords.

In Fraud, There Is Impairment of the Victim’s Will

The victim sends the money themselves or provides the verification code (SMS OTP) to the offender because they have been deceived.

According to the established case law of the 15th and 6th Criminal Chambers of the Turkish Court of Cassation, transactions carried out by impairing the victim’s will through fraudulent actions constitute the crime of fraud.

3. Manifestation of These Crimes and Risks for Foreigners Living in Türkiye

Foreign nationals who live, work, study, or stay as tourists in Türkiye constitute one of the most attractive target groups for cyber fraudsters and cybercriminals.

The main reasons for this include the following:

Language Barriers and Lack of Familiarity with Institutional Procedures

Since foreigners may not be fully familiar with the communication languages and procedures of Turkish banks, official institutions (such as e-Government, the Directorate General of Migration Management, and Tax Offices), they may be more likely to believe fraudulent SMS messages and emails.

Foreign Currency and Investment Interest

Foreign nationals who bring foreign currency into Türkiye or wish to manage foreign currency-based assets frequently become victims of fake cryptocurrency and forex investment platforms operating online.

Residence Permit and Visa Pressure

Phishing messages such as:

“Your residence permit has been approved, but you have an outstanding fee. Please pay through this link.”

or

“Deposit money into this account to avoid deportation.”

are among the most common forms of qualified fraud targeting foreigners by exploiting their psychological vulnerabilities.

4. What Should a Foreigner Living in Türkiye Do If They Are Defrauded or Robbed Through an Information System?

When a foreigner living in Türkiye becomes a victim of such a cybercrime, it should be remembered that time is extremely important.

Even minutes can be crucial for tracing the movement of money in digital environments and requesting that accounts be frozen.

The legal steps that should be followed are as follows:

Step 1: Immediately Contact the Bank or Financial Institution

If the incident has just occurred (for example, if an unauthorized credit card transaction has been made or money has been transferred to a fraudulent website), the first action should be contacting the relevant bank’s customer service and requesting the immediate blocking of:

• Bank accounts,
• Credit/debit cards,
• Online banking access.

The suspicious and unauthorized transaction must be reported to the bank immediately, either verbally or in writing, as a fraud notification.

Step 2: Collecting and Preserving All Evidence Completely

The success of the legal process depends heavily on the digital evidence submitted.

The foreign victim should back up and preserve the following materials without deleting them:

• Screenshots of all WhatsApp, Telegram, or SMS conversations with the fraudsters,
• URLs (links) of fake websites,
• Bank transfer receipts, SWIFT documents, and cryptocurrency transaction hash (TXID) numbers,
• Records of suspicious phone calls and telephone numbers used.

Step 3: Filing a Criminal Complaint with Law Enforcement Authorities (Police / Gendarmerie)

The victim should go to the nearest police station or the Cyber Crimes Department of the Provincial Police Directorate and provide a detailed report regarding the suspected crime.

Interpreter Assistance

If the foreign national does not have sufficient knowledge of Turkish, they have the right to request a sworn interpreter at the police station or prosecutor’s office.

A statement should not be given and official documents should not be signed without the presence of an interpreter.

The Incident Report and Document Registration Number provided after the application must be carefully preserved.

Step 4: Filing a Criminal Complaint Before the Chief Public Prosecutor’s Office

In addition to applying to law enforcement authorities, a comprehensive criminal complaint petition should be submitted to the competent Chief Public Prosecutor’s Office through a criminal lawyer.

The petition should request the initiation of an investigation under:

• Article 158/1-f of the Turkish Penal Code (Qualified Fraud Committed Through Information Systems), or
• Article 142/2-e of the Turkish Penal Code (Theft Committed Through Information Systems).

Step 5: Blocking Accounts Through the Prosecutor’s Office

The most critical stage in cybercrime cases is identifying and freezing the recipient bank accounts where the money was transferred.

The prosecutor’s office may urgently send official requests to:

• Relevant banks,
• Electronic payment institutions such as Papara and PayFix,

in order to prevent the withdrawal or transfer of the stolen funds.

5. Practical Challenges and Solutions for Foreign Victims

Obligation to Leave the Country

Since criminal investigations and court proceedings may take a long time, a foreign victim’s visa or residence permit may expire during the process.

In such cases, the victim does not necessarily need to return to Türkiye. By granting a special power of attorney to a lawyer, the entire legal process can be followed and managed through the lawyer.

Fraudsters Operating from Abroad

If the criminal network behind the fraud operates outside Türkiye, international cooperation mechanisms such as:

• Turkish Interpol channels,
• International judicial assistance procedures,

may become involved.

Although these procedures may technically take a long time, if local accounts (such as intermediary accounts or “money mule” accounts) are located in Türkiye, a portion of the funds may still be recovered.

Conclusion

Theft and qualified fraud crimes committed through information systems are among the most destructive economic crimes of the digital age.

For foreign nationals living in Türkiye, these crimes may become even more complicated due to the difficulty of seeking justice within a legal system that is unfamiliar to them.

However, the Turkish Penal Code protects everyone equally, without distinguishing between citizens and foreigners, when issues concerning property rights and financial assets are involved.

Taking quick action at the moment of victimization, preserving digital evidence before it is lost or altered, cooperating with banks, and obtaining legal assistance from an experienced criminal lawyer are the safest methods for recovering lost assets and ensuring that offenders are prosecuted.