In which Court is Qualified Fraud Tried?
In which court is qualified fraud tried?; Legal Dimensions of Fraud in Light of Turkish Criminal Code and Supreme Court Decisions; Fraud is a significant legal issue that deeply affects society. So, how is a fraud case filed and in which court is it heard? We have detailed the answers to these questions for you.
What is the Crime of Fraud?
The crime of fraud is committed when a person deceives another person for material gain. It is regulated under the following headings in the Turkish Criminal Code (TCK):
- Simple Fraud
- Qualified Fraud
What is Qualified Fraud?
Qualified fraud refers to more systematic fraud crimes with severe consequences. According to the Turkish Criminal Code, the following situations fall under the scope of qualified fraud:
- Exploitation of religion
- Exploitation of people in difficult situations
- Deceiving individuals with weak perception abilities
- Acting to the detriment of public institutions or organizations
- Use of media outlets
- Use of information systems, banks, or credit institutions as tools
- Abuse of commercial or professional trust
- Fraud committed to obtain insurance benefits
Competent and Authorized Courts
- Simple Fraud: Tried in criminal courts of first instance.
- Qualified Fraud: Tried in high criminal courts.
- The competent court is the court of the place where the crime was committed or where the benefit was obtained.
Statute of Limitations in Fraud Cases
- For simple fraud: 8 years
- For qualified fraud: 15 years
Can a Compensation Lawsuit be Filed?
Yes, fraud victims can file a lawsuit for compensation of their material damages. It is important to work with an experienced legal advisor in this process.
Legal Processes and Points to Consider
- Criminal Complaint: Victims of fraud should file a criminal complaint with the competent prosecutor’s office.
- Presentation of Evidence: Evidence of the fraud crime should be effectively presented in the legal process.
- Trial Process: Qualified fraud cases require detailed examination due to their complex nature, and the process continues in high criminal courts.
Frequently Asked Questions
- What is the punishment for fraud?
For simple fraud, 1-5 years, and for qualified fraud, 3-10 years of imprisonment is prescribed. - Is acquittal possible in qualified fraud cases?
Yes, acquittal is possible with proper legal defense and effective presentation of evidence.
Conclusion
Fraud is a serious crime that disrupts social order. Therefore, it is of great importance for victims to seek professional legal support in their search for an Izmir lawyer. Gürbüz Law Office is by your side to defend your rights in this process.
Don’t forget to consult an expert lawyer for information about legal processes.
