Özet:

Article 245/1 of the Turkish Criminal Code (hereinafter called TCC) regulates the offense of abuse of bank or credit cards. The Article stipulates that any person who captures these cards in any manner whatsoever shall be punished. In this study, the provision of the TCC relating to the “complex offense” (Article 42) was first examined. Second, the meaning of the statement; “persons who capture these cards, in any manner whatsoever” set forth in the Article, has been examined in order to arrive at a clear understanding of its meaning. Finally, with regard to the concurrence of opinions between doctrine and the Court of Appeals regarding the fact that there should be a “legal unification” in complex offenses; it has been concluded that Article 245/1 is not an example of such an offense. Moreover, the disharmony between the sanction prescribed for the crime of abuse of bank and credit cards (Article 245/1) and the sanctions prescribed for the aggravated crimes of theft, fraudulent transactions and breach of confidence (which are, undoubtedly, more severe than the crime of abuse of a card) also supports our conclusion

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