TAKE MONEY LEFT IN AN ATM AND PAY THE PRICE! THE COURT OF CASSATION NAMED THE OFFENCE

Av. Aylin Esra Eren

Lawyer Aylin Esra Eren: “Money left in an ATM by someone else does not belong to you. Withdrawing money from the account by using the card calls for a very different assessment under criminal law.”

When someone withdrawing money from an ATM leaves their card in the machine and their cash in the cash dispenser, this can have serious legal consequences for another person. A few seconds of opportunism can turn into a criminal investigation and a risk of conviction.

The decision of the Criminal General Assembly of the Court of Cassation dated 14 January 2026, numbered 2024/199 on the docket and 2026/28 as the decision, resolved an important legal dispute concerning the withdrawal of money from an account using a bank card left in an ATM. The Assembly held that, in the specific case, the conduct should be assessed as the offence of misuse of bank or credit cards regulated by Article 245/1 of the Turkish Penal Code, rather than theft. The decision was reached by a majority vote.

Lawyer Aylin Esra Eren explained what the decision means for members of the public, why money left in an ATM cannot be considered ownerless, and which conduct may give rise to criminal liability.

“Money left in an ATM is not ownerless”

Question: Can taking money left in an ATM by someone else really constitute theft?

Lawyer Aylin Esra Eren: Yes, depending on the circumstances of the case, it can. The most important misconception here is the belief that money left in an ATM becomes ownerless. A person forgetting their money does not mean that they have relinquished their ownership of it.

If the elements of the offence of theft regulated by Article 141 of the Turkish Penal Code are present in the specific case, taking the money may give rise to criminal liability. Finding the money does not give someone the right to use it as if it belonged to them.

However, the legal characterisation must be determined separately for each case. Money remaining in the ATM’s cash dispenser, another person withdrawing money from an ATM, and taking money from an account by using a forgotten bank card are not subject to the same legal assessment.

“Forgetting a card in an ATM does not give someone else permission to use the account”

Question: Why is withdrawing money with a bank card left in an ATM assessed differently?

Lawyer Aylin Esra Eren: Because this does not involve merely taking physical cash. The person obtains a benefit from money in an account by using someone else’s bank card without the cardholder’s consent.

Article 245/1 of the Turkish Penal Code separately criminalises a person who obtains a bank or credit card belonging to someone else, or keeps it in their possession, and uses it without the cardholder’s consent to obtain a benefit for themselves or another person.

How the card was obtained, who used it and how the unlawful benefit was obtained are important to whether this offence is established. The fact that the card was left in an ATM does not authorise the person who finds it to use it.

500 TL was withdrawn in the case decided by the Criminal General Assembly of the Court of Cassation

Question: What happened in the case that came before the Criminal General Assembly of the Court of Cassation?

Lawyer Aylin Esra Eren: In the case, a person withdrew money from an ATM, then left their bank card in the machine and walked away while their account session was still open. The next person noticed that the card had been left in the machine and, through the ongoing transaction, withdrew 500 TL from the money in the account and left.

The 8th Criminal Chamber of the Court of Cassation had assessed the conduct as constituting theft. The Chief Public Prosecutor’s Office of the Court of Cassation objected on the view that the aggravated theft provisions concerning theft committed through the use of an information system should apply.

The Criminal General Assembly of the Court of Cassation, which examined the dispute, considered that the cardholder’s actual control over the card had ended when the cardholder left the ATM in the specific case. The Assembly concluded that the conduct of using the bank card without consent and withdrawing money from the account should be assessed under Article 245/1 of the Turkish Penal Code, a special provision in relation to theft.

The important point is that the decision does not say that the same offence automatically arises in every ATM incident. It concerns the application of the offence of misuse of a bank card in light of the specific facts of that case.

“Taking the money and using the card are not the same offence”

Question: Are a person who takes banknotes left in an ATM’s cash dispenser and a person who uses the card to withdraw money from the account prosecuted for the same offence?

Lawyer Aylin Esra Eren: No, these two situations should not be confused.

Depending on the circumstances, the provisions on theft may be relevant to a person who takes physical banknotes left in an ATM’s cash dispenser. By contrast, withdrawing money from the account holder’s account by using a bank card left in an ATM may be assessed as the offence of misuse of bank or credit cards regulated by Article 245 of the Turkish Penal Code.

The legal characterisation depends not only on the fact that money was taken, but also on the means and manner by which the conduct was carried out. Therefore, although a news headline saying “Taking money left in an ATM is theft” may be used as a general warning, it does not by itself explain the legal outcome of every case.

What is the penalty for finding and using the card?

Question: What kind of penalty may a person who withdraws money from an ATM with someone else’s card face?

Lawyer Aylin Esra Eren: The statutory penalty for the offence of misuse of bank or credit cards regulated by Article 245/1 of the Turkish Penal Code is imprisonment for three to six years and a judicial fine of up to five thousand days.

However, stating this penalty does not mean that the same sentence will be imposed in every specific case. The court assesses whether the elements of the offence are present, the evidence, the offender’s legal circumstances and any other statutory provisions that may apply.

In particular, ATM camera footage, bank transaction records, the circumstances in which the card remained in the machine and transactions made from the account may be important in clarifying the incident.

What should a person do if they find money or a card at an ATM?

Question: How should members of the public act when they encounter money or a card left in an ATM?

Lawyer Aylin Esra Eren: First of all, they should not use the money or card for themselves. Trying to benefit from property left in an ATM instead of finding its owner or notifying the bank may have serious legal consequences.

The best course is to notify the bank or authorised personnel, share the transaction and location details if possible, and help ensure that the property reaches its owner. If someone realises that they have left their own card in an ATM, they should contact the bank immediately and check the transactions on their account.

“A few seconds of opportunism can turn into criminal proceedings that last for years”

Question: What is the most important message this decision gives to the public?

Lawyer Aylin Esra Eren: The fact that another person’s money or bank card has been left in an ATM does not give anyone the right to use that asset. Taking advantage of an opportunity that presents itself may turn into conduct that constitutes an offence under the law.

The decision of the Criminal General Assembly of the Court of Cassation is particularly important as to which offence should apply to withdrawing money from an account using a card left in an ATM. The point members of the public should bear in mind is that taking advantage of someone else’s forgetfulness is not lawful and may give rise to criminal liability depending on the nature of the specific case.

Remember: Money or a card you find in an ATM does not belong to you. Handing it over to the authorities instead of using it protects another person’s rights and keeps you away from serious legal risks.