Deception concept in the fraud crime

The action of cheating has been a problem in every society throughout the human history. Nowadays, fraudulent conducts have increased depending on the technological advancement. We have watched news about the people who are the subject of phone scams every day. Thousands of our citizens can be defrauded with a simple fiction. Thus, the importance of the cheating notion in the fraud crime, which is the subject of our thesis, is increasing day by day. These actions will increase more with the growing commercial affairs, the desire of the people to earn easy money, along with the injustice in the distribution of income. While there are many works done by private lawyers on the notion of cheating, criminal lawyers have not examined the topic enough. It is difficult to determine if an action which can happen every day is the subject to the crime as a fraud, or it is a simple financial transaction between two parties. In this work, we are going to try to solve these issues according to the academia and Supreme Court decisions. This work consists of three chapters. In the first chapter, the notion of cheating, its historical development and the effect of fraud on freedom of will are examined. In the second chapter, we tried to explain how the cheating notion in fraud is understood. Afterwards, we tried to explain the problems regarding fraudulent conducts in fraud according to the academia and Supreme Court decisions. In the third chapter, we tried to explain the relation of fraud with similar crimes in the Turkish Criminal Law through the element of cheating. On the other hand, in this work, we tried to explain how cheating notion is accepted in private law and in criminal law, actions which are accepted as fraudulent according to the law of obligations if the same actions are accepted as fraudulent according to the criminal law, in this respect if intangible lies are accepted fraudulent, if the action of silence can be accepted as fraud or not according to the academia and court decisions. Finally, we pointed out that the crime can be committed with negligence, and how the law should regulate some actions which cause benefit without any return and snowball contracts.