Antalya / Turkey Criminal Lawyer For Fraud
The crime of fraud occurs when the perpetrator deceives someone with fraudulent behavior, harms the victim or someone else, and consequently benefits himself or someone else. The crime of qualified fraud is the crime committed by using certain religious, social, professional, technological tools or public institutions as a means of crime.
For the crime of fraud to occur, an unfair interest must arise.In the case of fraud, it is necessary to be aware of the criminal law in order to punish the perpetrator and convince the judge.Therefore, it is vital to act together with an Antalya/Turkey criminal lawyer.
In this article, we will explain in detail what we need to know about fraud crime.
1-)Fraud Crime Complaint, Statute of limitations and Reconciliation
The crime of fraud is not in the category of crimes that depend on the complaint to follow up.As soon as the prosecution learns that the crime has been committed, it has to conduct a investigation and filing a public case if it believes that the crime has been committed.There is no complaint period for a fraud crime.However, in the simplest case of the crime, because the statute of limitations of the case is 8 years, the right to complain must be exercised within 8 years at the latest and the case must be reported to the prosecutor’s office.
A simple fraud offence is one that requires the application of a reconciliation procedure between the parties.First, the reconciliation procedure must be implemented, and if no compromise is reached, the investigation or trial must continue.
2-)Terms of Fraud Crime
Fraud is a crime that can be committed in many different ways.But there are three conditions that constitute the infrastructure of all movements, which can be described as the conditions of the crime of fraud:
i-)Fraudulent acts must be carried out by the perpetrator.Behaviors that would eliminate the victim’s tendency to examine must be exhibited by the perpetrator.
ii-)Fraudulent acts made by the actual perpetrator must be capable of deceiving anyone.
iii-)Harm must occur to the victim or anyone else, and also an unfair benefit must be obtained for the himself(perpetrator) or someone else
If these three conditions come together, the crime of fraud is considered committed.We advise you to contact an Antalya/Turkey criminal lawyer at this stage.Because if the type of crime is determined incorrectly, it is inevitable that the person will suffer loss of rights.
3-)Cheating In Fraud
Cheating, which is one of the elements of the crime of fraud, is a qualified lie.The lie that constitutes cheating must be heavy and intense. Cheating should eliminate the possibility of the victim controlling the cheating.Whether the trick is a deceptive lie or not must be evaluated by taking into account the characteristics of the event. The subjective status of the victim, the training, the manner in which the victim relates to the action, the form of the deception performed, the characteristics of the document that was hidden or altered if the document was used for the cheating must be taken into account separately.At this stage an Antalya/Turkey criminal lawyer does serious services.
If there is no qualified lie, the terms of the fraud offence do not occur. A simple lie cannot be considered a fraudulent act, which is the element of a fraud offence.
4-)Elements and Conditions of Qualified Fraud
1-)Abuse of religion,
2-)Taking advantage of the difficult situation the person is in,
3-)Taking advantage of the weakness of one’s perception ability,
4-)Use of public institutions as tools
5-)Processing by taking advantage of the facilities provided by media organizations,
6-)Using information systems, banks or credit institutions as tools,
7-)Processing during commercial activity,
8-)Processing for the purpose of receiving insurance costs.
In these cases there are decisions of the Supreme Court for each element.Therefore, an Antalya / Turkey criminal lawyer can overcome these issues.
5-)Punishment for Fraud
5.1)Simple Fraud Crime
In the case of simple fraud, the perpetrator shall be sentenced to imprisonment from 1 to 5 years and a judicial fine of up to five thousand days.In the text of the article, imprisonment and judicial fine are arranged together as part of the same sanction.In other words, the perpetrator will be given both a prison sentence and a judicial fine at the same time.The amount of the judicial fine to be imposed on the perpetrator will be determined by the magnitude of the damage incurred.
5.2)Punishment For Qualified Fraud Offence
The penalty for a qualified fraud offence committed before 24.11.2016 is imprisonment from 2 years to 7 years.
The penalty for the crime of qualified fraud was increased and reorganized by law No. 6763.Accordingly, the perpetrator who commits a qualified fraud offense shall be sentenced to imprisonment of from 3 to 10 years and a judicial fine of up to five thousand days.Since the crime of qualified fraud appears in a High Criminal Court, it is necessary to contact an Antalya/Turkey criminal lawyer.
6-)Cases That Increase The Penalty For Fraud
The relevant article of the Criminal Code sought two conditions in order to increase the penalty.
a-)Fraud offences committed by three or more people;
b-)If processed by an established organization
In these two cases, the size of the penalty will be seriously increased.
7-)Fraud Crime and Effective Repentance and Punishment Reduction
Effective regret is that the perpetrator regrets a crime he has committed, and tries to eliminate the effects of the crime.The crime of fraud is also a crime of property that can be reduced of penalty with effective regret.
If the perpetrator removes the damage of the victim during the investigation phase, 2/3 of the sentence to be given to the perpetrator can be reduced.
If the damage is compensated after the case has been filed, that is, before the verdict is taken at the prosecution stage, 1/2 of the punishment to the perpetrator may be reduced.
The damage can be eliminated in two ways.
i-)With the return of the asset subject to the crime to the victim
ii-)or by paying the amount of damage to the victim
As a result of effective regret provisions due to fraud offense, those who help or instigate crime can also benefit from penalty reduction.In all these stages Antalya / Turkey criminal lawyer can provide vital support.
8-)Postponement of sentencing and Judicial Fine
A judicial fine is a type of sanction that can be imposed in conjunction with or alone with a prison sentence in response to a crime committed. The prison sentence for a simple fraud offence can be converted to a judicial fine in certain circumstances.
The postponement of the sentence is the conditional abandonment of the sentence from execution in prison.if the defendant spends the specified period of supervision in good social life, his sentence is considered to have been executed.
A postponement of a prison sentence for a fraud offence is also possible under certain circumstances.At this stage you can also consult the criminal lawyer of Antalya/Turkey.
9-)Revocation of the announcement of the provision
The revocation of the announcement of the provision is that the sentence against the defendant does not produce results within a certain period of supervision.If the perpetrator does not commit a deliberate offence during the period of supervision and acts in accordance with the obligations,the penalty decision shall be eliminated.
Within the crime of fraud it is possible to revocation of the provision under certain circumstances.Antalaya / Turkey criminal lawyer can assist seriously in these matters.