Abstract:

The crime of fraud is regulated in Article 157 of the Turkish Criminal Code No. 5237. Fraud is a crime committed on the basis of fraud unlike other crimes against property. The offender of the crime of fraud gains an unfair advantage by deceiving the victim with fradulent behavior. Fraudulent behavior is any action taken to deceive the victim by influencing his/her will to perceive and make a decision. In determining the fraud, whether the act is suitable for deceiving the victim or not should be determined according to the characteristics of the each case. In the crime of fraud, fraudulent behavior can be committed by using a forged document. In this case, it is necessary to examine the effect of the deception ability of the forged document on the fraudu-lent behavior in terms of the occurrence of the crime. The feature of deceive of forged document is essential element in terms of fraud which committed by the forged document. Nonetheless the feature of deceive is insignificant in offender committed additional actus reus (fraudulent behavior/s) except forged document. In this situation despite the lack of feature of deceive of forged document, fraud crime is consist in terms of actus reus.

Keywords: