What is the Crime of Misuse of Bank or Credit Cards?
Abuse of bank or credit cards
Turkish Penal Code Article 245
(1) Any person who, in any manner, seizes or holds a bank or credit card belonging to another person and provides a benefit to themselves or another person by using it or having it used without the consent of the cardholder or the person to whom the card should have been delivered, shall be sentenced to imprisonment for a term of three to six years and a judicial fine of up to five thousand days.
(2) Any person who produces, sells, transfers, purchases, or accepts a fake bank or credit card by associating it with others' bank accounts shall be sentenced to imprisonment for a term of three to seven years and a judicial fine of up to ten thousand days.
(3) Any person who provides a benefit to themselves or another person by using a fake or tampered bank or credit card shall, provided that the act does not constitute another offense requiring a heavier penalty, be sentenced to imprisonment for a term of four to eight years and a judicial fine of up to five thousand days.
(4) In the event that the offense included in the first paragraph is committed to the detriment of:
a) One of the spouses between whom no separation order has been issued,
b) An ascendant or descendant, or one of their relatives by affinity of the same degree, or an adopter or an adoptee,
c) One of the siblings living in the same residence,
No penalty shall be imposed on the relative concerned.
(5) Regarding the acts within the scope of the first paragraph, the effective remorse provisions of this Code concerning offenses against property shall be applied.
The legal value protected in the offense of abuse of bank or credit cards is property, trust in individuals, trust in the public, and reputation.
Material elements of the offense of abuse of bank or credit cards;
1-Unlawful use of bank and credit cards: It is the act of a person who seizes or holds a bank or credit card belonging to another, providing a benefit to themselves or another by using it or having it used without the consent of the cardholder or the person to whom the card should have been delivered.
2-Producing, selling, transferring, purchasing, or accepting fake bank or credit cards: It is the act of producing, selling, transferring, purchasing, or accepting a fake bank or credit card by establishing a connection with the bank accounts of others.
To give examples of card forgery techniques;
Blank Plastic: Fake cards are produced by printing credit card numbers, obtained in various ways, onto blank plastic sheets.
Tampered Card: The embossed numbers on a real card are cut off and new numbers are printed using a hot press.
Magnetic Card Forgery: Fake production is carried out by erasing the magnetic information on the magnetic strip of a real credit card and loading magnetic information belonging to other cards.
3-Creating and using fake bank or credit cards: It is the act of providing a benefit to oneself or another by using a fake or tampered bank or credit card.
The perpetrator of the crime; persons who produce fake bank or credit cards, third parties who know the nature of the card, and legal entities that obtain unfair gain.
The victim of the crime; it can be anyone. Natural persons who experience a decrease in their assets as a result of the commission of the crime are victims. The bank whose bank or credit card is used is the party damaged by the crime.
The mental elements of the offense of abuse of bank or credit cards; this crime can be committed intentionally.
Investigation procedure of the crime; the investigation of the crime is carried out ex officio; no complaint condition is required.
I hope you never encounter the type of crime I have tried to summarize above, either as a perpetrator or a victim, and I would like to remind you that if you see or hear about this type of crime as an eyewitness, you must report it to law enforcement as a civic duty. Wishing you healthy and peaceful days.
