Aggravated Fraud Offense (Turkish Criminal Code Article 158/1-L) – Reversal Decision

The court decisions published in this section were obtained in cases in which Attorney Mert Sönmez personally acted as counsel and defense counsel.

REPUBLIC OF TÜRKİYE

*** COURT

CASE NO: ***

DECISION NO: ***

REASONING

The participating party stated throughout the proceedings that, on the night of the incident, believing the person who said that the bank loan had been approved to be a bank employee, the participating party disclosed the confirmation code received, and that after this incident money was transferred twice from the account to another account without consent. In view of this statement, the duty to discuss whether the act constituted the offense of "aggravated fraud" defined in Article 158/1-L of the Turkish Criminal Code in force on the date of the offense, and to evaluate the relevant evidence, belonged to the Assize Court. Although a decision of lack of jurisdiction should therefore have been rendered, the proceedings were continued and judgment was entered as written.

This was contrary to law. Since the appeal filed by the accused and defense counsel was accordingly found well-founded, THE JUDGMENT SHALL BE REVERSED pursuant to Articles 280/1 and 289/1 of the Code of Criminal Procedure.

The file shall be sent to the first-instance court whose judgment was reversed.

The decision was rendered unanimously on 23/09/2025 and is final pursuant to Article 286/1 of the Code of Criminal Procedure.

JUDGMENT

This was contrary to law. Since the appeal filed by the accused and defense counsel was accordingly found well-founded, THE JUDGMENT SHALL BE REVERSED pursuant to Articles 280/1 and 289/1 of the Code of Criminal Procedure.