The crime of fraud (Article 158/1-f of the TCK No. 5237) by using information system as a tool

In our study, the crime of fraud (Article 158/1-f of the TCK No. 5237) by using information systems as a tool, which is seriously discussed in theory and practice with the effect of social dynamics and technological developments, was examined. To this end, the first chapter lays the groundwork for the qualified form of the offense (TCK Art. 158/1-f), which is analyzed in detail in the second and third chapters, by explaining the historical background, legal subject matter, and elements of the crime of fraud, distinguished from other offenses against property by its element of deceit. In the second chapter, the primary focus of the study—the offense of fraud committed through the use of information systems as a tool (TCK Art. 158/1-f)—is defined and its elements, common methods of commission, special forms (such as attempt, participation, and concurrence), penalties, grounds for personal exemption from punishment, and procedural aspects arising from criminal procedure law are explained. Furthermore, a distinction is drawn between indirect and direct cybercrimes, emphasizing that the qualified form stipulated under Article 158/1-f of the TCK ultimately constitutes a property offense. In the third and final chapter, the most frequently encountered controversial issues in practice regarding fraud committed through the use of information systems are first examined under specific headings. Subsequently, the relationship of the qualified form with other offenses that often overlap or are closely related—such as theft through the use of information systems (TCK Art. 142/2-e), unauthorized use of another's bank or credit card to obtain a benefit (TCK Art. 245/1), and unlawful interference with information systems to gain unjust benefit (TCK Art. 244/4)—is analyzed. Lastly, the study addresses the practical problems and deficiencies encountered with respect to the qualified form of the offense and proposes solutions to these issues. The main objective of this study is to analyze the controversial aspects arising from the structure and methods of commission of the offense of fraud committed by using information systems as a means. To achieve this, in addition to a theoretical discussion, the study focuses on the solutions provided by the Court of Cassation and Regional Courts of Appeal, changes in jurisprudence, differences in opinion among chambers, and suggestions for resolution from the perspective of practitioners regarding the offense in question (Art. 158/1-f, first sentence).