Economic Crimes in Turkey: Criminal Liability and Legal Defense by a Turkish Law Firm

Economic Crimes in Turkey - Criminal Law by Turkish Law Firm

Economic crimes in Turkey—commonly known as white-collar offenses—are a rapidly expanding area of criminal law, particularly due to the growing complexity of commercial transactions, digital finance, and regulatory oversight. These offenses do not involve physical violence but have profound consequences on financial systems, market trust, and public order. They are committed intentionally or negligently in the context of business, banking, securities, and public office.

At ER&GUN&ER Law Firm, we offer full-scale legal defense and consultancy for individuals, executives, and corporate entities accused of economic crimes in Turkey. Our English Speaking Turkish Lawyers represent clients in criminal investigations, financial fraud trials, regulatory compliance audits, and corporate liability litigation. As the best lawyer firm in Turkey for white-collar crime and financial misconduct, we develop strategies that protect both personal freedom and business continuity.

What Are Economic Crimes Under Turkish Law?

Under the Turkish Penal Code (TCK), economic crimes refer to a broad group of non-violent offenses that affect financial systems, property rights, corporate governance, and trust-based obligations. These crimes are found primarily in the following sections:

  • TCK 157–158: Fraud (Dolandırıcılık)
  • TCK 204–207: Forgery (Belgede Sahtecilik)
  • TCK 155: Breach of Trust (Güveni Kötüye Kullanma)
  • TCK 247–250: Embezzlement and Abuse of Office (Zimmet, Görevi Kötüye Kullanma)
  • TCK 213: Tax Evasion and False Declaration

Our Turkish Law Firm provides legal advice to corporate clients who may face criminal exposure due to accounting irregularities, false contracting, document falsification, or unauthorized transactions by company officers.

Fraud (Dolandırıcılık) – TCK Articles 157–158

Simple fraud under Article 157 is the intentional deception of a person to gain unlawful benefit. Penalty: 1–5 years of prison and judicial fine. Aggravated fraud under Article 158 applies if:

  • The act involves a public official, bank, notary, or trade professional
  • The fraud is committed via digital platforms, social media, or false identity
  • It affects public institutions or vulnerable persons

Our English Speaking Turkish Lawyers prepare complex defenses using evidence of intent, material truth, and third-party responsibility. We also initiate pretrial settlements under CMK Article 253 to avoid imprisonment where applicable.

Forgery in Official and Private Documents – TCK 204–207

Document forgery (belgede sahtecilik) is prosecuted heavily under Turkish law and carries prison sentences of 2–5 years for public document falsification. Even modifying, using, or possessing such documents is punishable.

Common examples include:

  • Fake invoices, signatures, or seal alterations
  • Manipulated contracts in commercial disputes
  • Forgery of tax records, employment papers, or government certificates

As the best lawyer firm in Turkey for commercial criminal litigation, we challenge the authenticity findings, request handwriting expert analysis, and prove lack of criminal intent or constructive possession in many such cases.

Embezzlement and Breach of Fiduciary Duty – TCK 155 and 247

Breach of trust (güveni kötüye kullanma) occurs when someone legally entrusted with another’s property or funds uses them against the purpose of entrustment. Embezzlement (zimmet), a stricter form, applies to public officials or accountants who misappropriate entrusted funds.

Our Turkish Law Firm handles both public and private embezzlement charges, prepares forensic financial defenses, and negotiates settlement agreements to minimize custodial sentences.

Corporate Criminal Liability in Economic Crime Cases

Although Turkish criminal law does not directly recognize criminal responsibility of legal persons (companies) in all areas, Article 20 of the Turkish Penal Code allows for administrative measures and asset-based sanctions where economic crimes are committed in favor of the company by its managers or agents.

Consequences include:

  • Confiscation of illegal earnings
  • Business license suspension
  • Blacklisting from public tenders
  • Monetary fines and seizure of assets

Our English Speaking Turkish Lawyers defend companies accused of corporate crimes, prepare internal audit reports, and coordinate with CPAs and compliance officers to limit liability and protect corporate reputation.

Criminal Procedure Strategy: Defense Under CMK

Economic crime trials often involve extensive documentation, expert accounting reports, witness testimonies, and procedural tactics under the Criminal Procedure Code (CMK). Key defense strategies include:

  • Challenging the forensic accountant’s methodology
  • Disputing intent to defraud (kast) or breach of duty
  • Raising doubts about chain of custody or authorship of forged documents
  • Invoking CMK 231 (judicial deferment) or CMK 223/2 (acquittal due to lack of evidence)

Our Turkish Law Firm prepares defense files tailored to each stage of litigation, from police statement to first hearing, from expert objection to appeal filing.

Combining Civil and Criminal Remedies

Economic crimes often have both criminal and financial aspects. Victims may pursue civil lawsuits alongside criminal complaints to recover financial losses. Civil remedies include:

  • Compensation for pecuniary and non-pecuniary damages
  • Cancellation of fraudulent contracts or transfers
  • Restitution of property acquired through unlawful means

Our firm litigates dual-track legal claims—ensuring that both punishment and recovery are pursued simultaneously, in coordination with tax authorities, financial institutions, and enforcement offices.

FAQ: Economic and Financial Crimes in Turkey

  • Q1: What is the punishment for commercial fraud?
    Up to 10 years of prison for aggravated fraud under TCK 158, depending on method and damage amount.
  • Q2: Can a company be criminally prosecuted?
    Companies cannot be imprisoned, but their assets may be confiscated or fined under corporate liability rules.
  • Q3: What happens during a financial investigation?
    Bank accounts are reviewed, accounting books examined, and forensic audit is conducted by experts.
  • Q4: Can fraud charges be dropped?
    If parties settle before indictment and no public interest exists, criminal cases may be suspended or withdrawn.
  • Q5: Is document forgery always a crime?
    Yes, even if the document was not used, possession or alteration is prosecutable under TCK 204–207.
  • Q6: Can economic crimes result in travel bans?
    Yes. Travel restrictions and asset freezes are common precautionary measures during trial.
  • Q7: Can foreigners be tried for economic crimes?
    Yes. Turkish courts prosecute all persons, regardless of nationality, if the crime occurred in Turkey.
  • Q8: Can jail time be avoided?
    Yes, in cases involving low damage or first-time offenders. CMK offers sentence deferment or alternatives.
  • Q9: What is the statute of limitations?
    Typically 8 to 15 years depending on the crime and damage scale.
  • Q10: How can a Turkish Law Firm help?
    We provide full criminal defense, represent clients in civil damages cases, and handle regulatory audits and settlements.

Protect Your Rights and Reputation with a Turkish Law Firm

Economic crimes carry legal consequences that go far beyond imprisonment. Asset seizure, financial loss, reputational harm, and corporate closure are all real risks—especially in the hands of an unprepared legal defense. Whether you are an executive accused of embezzlement or a business owner defrauded by a partner, the right legal representation makes the difference between acquittal and conviction, recovery and collapse.

At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers provide comprehensive representation in white-collar crime cases, commercial fraud trials, forensic audits, and multi-party civil litigation. As the best lawyer firm in Turkey for economic crimes, we bring legal clarity and defense strength to your side when financial stakes are at their highest.