Credit Card Fraud

The Offence of Credit Card Fraud and Its Penalty (TPC 245) – A Guide to the Legal Process in Istanbul

What Is Credit Card Fraud?

Credit card fraud is a cybercrime committed by obtaining the credit card information (card number, expiry date, security code) without the knowledge and consent of the cardholder and making unauthorised purchases using this information. With the spread of online shopping and digital banking, there has been a serious increase in this type of offence, particularly in metropolitan cities with intense commercial activity, such as Istanbul.

These acts, commonly known as "credit card fraud", are technically regulated in the Turkish Penal Code under the heading "offence of misuse of bank or credit cards" (Article 245 TPC). However, the scope of the offence is not limited to classic acts of fraud; it encompasses a wide range of acts, from the unauthorised use of a genuine card belonging to another person to the production of counterfeit cards.

Why is credit card fraud a cybercrime?

The offence of misuse of bank or credit cards is located in the TPC in the section "Offences in the Field of Information Technology". Cybercrimes are offences committed by means of computers, mobile phones, tablets, POS devices and similar electronic systems. Since credit card transactions are also carried out through these systems, the misuse of cards qualifies as a cybercrime. For this reason, investigations are mostly conducted by units combating cybercrime.

In How Many Ways Can the Offence of Misuse of Bank or Credit Cards (TPC 245) Be Committed?

Article 245 TPC regulates the offence in the form of three different alternative acts:

1. Misuse of a genuine bank or credit card belonging to another person (Article 245(1) TPC)
2. Producing, selling, transferring, purchasing or accepting a counterfeit bank or credit card associated with bank accounts belonging to others (Article 245(2) TPC)
3. Obtaining a benefit by using a counterfeit bank or credit card (Article 245(3) TPC)

Use of a genuine card belonging to another person (Article 245(1) TPC)

This form of the offence occurs where the perpetrator obtains a card belonging to another person, uses it without the consent of the cardholder and obtains a benefit for himself or herself or for a third party. The means by which the card came into the perpetrator's hands is irrelevant. In practice, this form of the offence is most frequently encountered in the following situations:

• Use of a card that was handed over with consent but, contrary to that consent, was not returned,
• Use of a card obtained through theft,
• Use of a card found somewhere,
• Use of the card itself after it has been trapped and taken by means of a device installed on an ATM (if the magnetic data of the card are copied by the device and transferred onto a counterfeit card, the production of the card falls under Article 245(2) TPC and obtaining a benefit with that card under Article 245(3) TPC).

For the offence to be committed, three conditions must be met together: the card must have been obtained in any manner whatsoever, it must have been used without the consent of the cardholder, and the perpetrator must have obtained an unlawful benefit for himself or herself or for another. By virtue of the phrase "in any manner whatsoever" in the Law, even obtaining the card by lawful means does not eliminate the offence. In its decision dated 08.06.2022, E. 2020/281, K. 2022/426, the Criminal General Assembly of the Court of Cassation stated that, by virtue of the phrase "in any manner whatsoever" in the Article, misuse is subject to sanction even where the card was obtained by lawful means.

What Is the Penalty for the Offence of Credit Card Fraud? (2026)

The penalties provided for under TPC 245 are as follows, depending on the manner in which the offence is committed:

Paragraph	Act	Imprisonment	Judicial Fine
Article 245(1) TPC	Misuse of a genuine card belonging to another person	3 to 6 years	Up to 5,000 days
Article 245(2) TPC	Producing, selling, transferring, purchasing or accepting a counterfeit card	3 to 7 years	Up to 10,000 days
Article 245(3) TPC	Obtaining a benefit by using a counterfeit card	4 to 8 years	Up to 5,000 days

First Steps Victims Should Take

1. Have your card cancelled immediately: Contact your bank or card provider, have the card blocked and request a new card.
2. Notify your bank in writing: Report the situation in writing so that the unauthorised use is recorded, inquiries are initiated and the dispute time limits are preserved.
3. Identify the unauthorised transactions: Review your statements for the last few months and identify the transactions you did not make; these records constitute evidence in the judicial process.
4. File a criminal complaint: Apply to a police station or the public prosecutor's office and file a criminal complaint.