“Money will come into your account; all you have to do is withdraw it and hand it to us.” “Lend us your card for a few days and earn some money.” Behind offers like these, made on social media, in job adverts or through acquaintances, there is often a fraud chain. The victim’s money is paid into your account, and the first stop of the investigation is the account holder.
What offence is charged?
When fraud is committed by using banks or information systems as a tool, the offence of aggravated fraud (nitelikli dolandırıcılık) is committed (Turkish Criminal Code (TCK) art. 158(1)(f)). The penalty for this offence is four to ten years’ imprisonment and a judicial fine of not less than twice the benefit obtained from the offence. If it is committed together with three or more persons, the penalty is increased by half.
A person who hands over their account or card is tried as a participant in the offence (most often as an accessory who assisted), because they made the transfer of money possible, even though they did not carry out the fraudulent act themselves.
New rule: the penalty is reduced by half
The amendment that entered into force on 31 July 2026 added a new fourth paragraph to TCK art. 158. Under it, where participation in the offence of fraud is limited to the act of:
- in order to obtain an unlawful benefit for oneself or another,
- giving to another person payment instruments such as bank or credit cards belonging to oneself or another, or the passwords, information or tools that allow the use of an account held with a bank, an intermediary institution, payment service providers or crypto-asset service providers,
the penalty imposed is reduced by half. The reduction applies to both simple fraud (TCK art. 157) and aggravated fraud (TCK art. 158).
This provision makes it possible to distinguish, in sentencing, between a person who only let their account be used and the people who planned and carried out the fraud. However, the act is still an offence; if the person is the one who made the calls, spoke to the victim or directed the money, the reduction does not apply.
Pending and final cases
The amending law also regulated the retroactive effect of this favourable change (its provisional art. 1):
- In cases at the appeal stage (before the regional court of appeal), the judgment is quashed for defendants to whom the reduction will apply, and the file is sent back to the court of first instance. Files at the Court of Cassation (Yargıtay) are also sent to the court of first instance.
- Convicts at the execution stage who have not benefited from the effective repentance provisions may benefit from the effective repentance (etkin pişmanlık) reduction in TCK art. 168(2) if they fully compensate the victim’s loss within six months of the court’s warning.
The key question in the defence: did the person know?
Fraud can only be committed intentionally. For the account holder to be punished, they must have known that their account would be used in the offence, or at least foreseen and accepted it. In this assessment, the following matter:
- whether a fee was received in return for handing over the account;
- whether the money that came into the account was withdrawn shortly afterwards and handed to someone else;
- whether the person knew the person who paid in the money, and whether their explanation fits the ordinary course of life;
- whether the card and passwords were lost or stolen, and whether the bank was notified in time;
- the person’s age, level of education and whether they have been involved in a similar incident before.
Someone whose card was stolen or whose account was taken over is not in the same position as someone who knowingly rented out their account. Making this distinction clear in the first statement and supporting it with documents is the foundation of the defence.
Civil liability also arises
Independently of the criminal investigation, the defrauded person may bring a lawsuit for damages or for unjust enrichment against the holder of the account through which their money passed. Banks may also block such accounts and terminate the customer relationship. Use of the account for illegal betting payments may also constitute a separate offence under the relevant special laws.
What to do
- Do not accept any offer made for your account or card; do not share your card, passwords, mobile banking details or SIM card.
- If you have lost your card, or money you do not recognise has come into your account, notify your bank immediately and do not withdraw the money.
- If you have been summoned to give a statement, speak with a lawyer before the statement; prepare bank statements, messages and records relating to the loss of the card.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.