Fraud crime

Fraud, is one of the most common examples of crimes committed against property. According to the definition that is laid out in the Article 157 of Turkish Penal Code No.5237; fraud is an action that aims to yield benefit for oneself or other, at the expense of the another person or the victim, through deceiving somebody by fradulent conduct. Turkish Penal Code No.5237 has brought about some amendments regarding this crime. However, aforementioned law does not define deception. This is an important issue. Despite the law amendment, Supreme Court has to a great extent held on to its view that was applied in the period of the old law. On the other hand; Supreme Court in its recent verdicts on fraud crimes, in contrast with the law and doctrine, has frequently ruled to overturn the decision in favour of acquittal on the grounds that the element of the crime did not occur, and the action remained within the scope of the legal dispute. Therefore, in every edge of the law, practice and doctrine triangle different views came into existence, despite the fact that there is only one definiton of fraud crime in the legislation. Regarding this crime, in general terms unity has not yet been achieved in law, due to conflicting and ever-changing rulings. In this thesis; historical trajectory of fraud crime, legislative arrangement of this crime in Turkish Penal Code No. 5237, material and subjective elements of the crime, interest protected by the crime; perpetrator, victim, and special appereance forms of the crime, comprasion of this crime with similar crimes; penalty and criminal proceedings of the crime, and aggravated fraud is examined. An attempt will be made to set forth/reveal the abovementioned contradictions, by putting forward recent Supreme Court rulings, and provisions of law, and views of the doctrine on the same subject.