Allowing Another Person to Use Your Bank Account: New Paragraph Added to Article 158 of the Turkish Penal Code (Türk Ceza Kanunu)

What was the issue?

In recent years, money obtained from victims in fraud offences has frequently been transferred through other people's bank accounts. Individuals who allowed others to use their accounts in exchange for a benefit were prosecuted as participants in fraud and could face the severe penalties prescribed for aggravated fraud.

The new provision

Article 13 of Law No. 7589 added a fourth paragraph to Article 158 of the Turkish Penal Code (Türk Ceza Kanunu) No. 5237:

"Where participation in the offences set out in this Article and Article 157 is limited to providing another person, for the purpose of obtaining an unlawful benefit for oneself or another person, with payment instruments such as bank or credit cards belonging to oneself or another person, or with the essential information or instruments enabling the use of an account held with a bank, intermediary institution, payment service provider or crypto-asset service provider, the sentence to be imposed shall be reduced by half."

Who may benefit?

The reduction applies where participation is limited solely to providing payment instruments or information enabling the use of an account. A person who participates in the commission of the offence in another way may not be able to benefit from this provision.

Pending cases and cases with final judgments

Provisional Article 1 of the Law contains two important provisions on this matter:

• Cases under appellate review: Where a judgment was delivered under Article 157 or 158 of the TCK before the provision entered into force and the case is under appellate review, the files concerning defendants to whom the new paragraph applies shall be sent to the courts of first instance.

• Cases at the sentence enforcement stage: Convicted persons whose cases are at the sentence enforcement stage, to whom Article 168 of the TCK has not been applied and to whom the new paragraph applies, may benefit from the effective remorse provisions if they fully remedy the victim's loss through restitution in kind or compensation within six months of the warning to be issued by the court.

This article is for general information purposes and does not replace legal advice.