Abstract:

A person who is a party to a contract to obtain an unlawful or immoral performance may incur losses of assets because of the deceptive actions of the other party. In these cases, constituting the subject of the study, different opinions have been suggested as to whether the crime of fraud occurs or not. For some of them, regulations in private law have played a significant role. In addition, in German law, there are comprehensive evaluations on this topic, and some of them can be a guide for Turkish law. For this reason, in the study, firstly, the results in private law related to the topic are discussed. Then, after giving place to the opinions in Turkish and German criminal law on whether crime of fraud occurs in these cases, the opinion defended is expressed. As a result, it is defended that crime of fraud is not constituted in cases where the fulfillment and/or acceptance of the counter-performance is criminal act.

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