The advancement of technology has transformed economic relations and created new types of crimes, with perpetrators and victims relocating to cyberspace. These new crimes have now turned into a global threat, profoundly affecting not only individuals, but also financial systems, companies and public trust. Once encountered on the streets, scammers now turn up in emails, on social media or on fake websites.
Digital Fraud
Pursuant to Article 157 of the Turkish Commercial Code, fraud occurs when the perpetrator deceives a person by fraudulent behavior and benefits themselves or someone else while harming the victim or someone else. The aggravated form of the crime is committed via technological tools and digital platforms under Article 158 of the same law.
When committed on digital platforms, the crime exhibits unique characteristics stemming from the opportunities offered by cyberspace. Thus, criminals can reach thousands of people in a matter of seconds, easily cover their tracks using VPNs and cryptocurrencies, and cross borders.
The most common types of digital fraud are the following:
- Phishing: The theft of personal data through fake bank emails.
- Investment Scams: Cryptocurrency scams with promises of “guaranteed high profits”.
- Social Engineering: Abuse of trust through fake relationships on social media.
- Fake Job Postings: Commission payments received with postings such as “Work from home, earn ₺10,000 a month!”
- Fake Shopping Websites: Non-delivery of purchased products or delivery of counterfeits.
The Turkish Information and Communication Technologies Authority (ICTA) announced that digital fraud complaints increased by 42% in 2022 compared to the previous year in Türkiye.
The fight against this crime is challenging due to the rapid erasure of digital traces, the perpetrators’ presence or escape abroad before detection, and legislation lagging behind advanced technologies.
In Turkish law, there are ongoing efforts to regulate digital fraud. In this context, Article 158 of the Turkish Criminal Code considers it a major offense when fraud is committed by using information systems, banks or credit institutions as a tool. In addition, the Tenth Chapter of the Turkish Criminal Code has a section on Cybercrimes, and Cybersecurity Law No. 7545 is also in force.
Digital fraud cannot be eliminated through regulations alone. It must also be addressed within the framework of technology, education and international cooperation. Global efforts in this respect are vital to protect individual rights and ensure economic stability.
Executive Associate Öykü Güldürmez
