Has an amnesty been granted to IBAN victims? The 12th Judicial Package and ways to escape punishment through effective repentance.

What is IBAN and Account Usage Victimization? (The Anatomy of the Crime)

The widespread adoption of digital banking and payment systems has unfortunately opened the door to a new type of fraud. Thousands of people who, under various promises or with entirely good intentions, allowed others to use their bank account information, IBAN numbers, or digital wallets, suddenly find themselves in the dock in serious criminal courts. In legal practice, this situation is called "account fraud" or "IBAN victimization."

Legal Basis: Turkish Penal Code Article 158/1-f and Provisions on Participation

Article 158, paragraph 1, subparagraph (f) of the Turkish Penal Code regulates the crime of fraud committed by using information systems, banks, or credit institutions as tools . The actual fraudsters do not directly deposit the money they obtain from victims into their own accounts. To conceal the trail of the money, they use the accounts of third parties (usually citizens unaware of the scheme) as a "money bridge".

When legal proceedings begin, the person whose account was used is directly considered a part of the fraudulent act under the provisions of Articles 37, 38, and 39 of the Turkish Penal Code, which define "Participation (Being an Accomplice/Aiding in a Crime)," and an investigation is initiated against them.

Methods Commonly Used by Fraud Networks : Organized crime networks create highly convincing and varied scenarios to lure individuals into their network by exploiting their accounts.

The most common methods are as follows:

• "Extra Income" Traps Targeting Students and Job Seekers: Fake job postings on social media or messaging apps, such as "Just withdraw the money you receive and send it to us to earn commission," or "Spend 5 minutes a day on this task and earn money," are used to obtain people's IBAN information.

• Cryptocurrency P2P (Peer-to-Peer) Transfer Scams: In P2P transactions on cryptocurrency exchanges, scammers redirect the money sent by the victim directly to another user's (IBAN holder's) account on the exchange. While the account holder believes they are only selling cryptocurrency, they are actually receiving money obtained through fraud.

• Digital Wallet (Papara, Payfix, etc.) Rental Advertisements: These ads, particularly popular among young people, seek to "rent" accounts belonging to legal electronic money institutions, promising fixed weekly or monthly fees. These accounts are often used for transferring money from illegal gambling or fraudulent activities.

• Requests from Acquaintances Saying "My Account Has Been Blocked": Sometimes the trap comes from much closer. A friend, relative, or business owner uses their goodwill to trick the person into committing the crime by saying, "My accounts are under seizure/blockage, could you give me some money that is supposed to go to you in person?"

What does this mean?

You might simply think you're earning extra income online, doing a favor for a friend, or renting out your idle Papara account. You may have absolutely no idea about the fraud network behind it, the real victim whose money was stolen, or the much larger scheme going on.

However, the initial perspective of the legal system is: "The money came into your account, therefore you are part of this criminal network." In other words, without even knowing it, you become a money laundering cog in an organized crime syndicate. Until you can legally explain your situation and prove that you had no intent (no criminal motive), you risk being tried in High Criminal Courts with a potential sentence of 4 to 10 years, facing bank account freezes imposed by MASAK (Financial Crimes Investigation Board), and police raids.

The Situation Before the 12th Judicial Reform Package: Why Were There Serious Injustices?

Before the 12th Judicial Reform Package came into effect, thousands of young people, students, and low-income citizens faced disproportionately harsh penalties in Turkish criminal justice for actions related to facilitating the use of bank accounts. The main reason for this was that criminal legislation and established court decisions treated the organizer of the crime and the intermediary within the same legal framework.

Legal Basis: The Supreme Court's "Primary Perpetrator" Approach

Under the previous system, the Criminal Chambers of the Court of Cassation accepted that a means of payment or collection was necessary for the crime of fraud to be completed. Accordingly, account holders who knowingly or through gross negligence transferred money received into their accounts to another person were punished under Article 39 of the Turkish Penal Code not only as "accomplices" but also, in accordance with Article 37/1 of the Turkish Penal Code, as "joint perpetrators (principal perpetrators)" who directly committed the act.

As a result of this legal classification, account holders are directly subject to Article 158/1-f of the Turkish Penal Code:

• A prison sentence of 4 to 10 years .

• A judicial fine of thousands of days, not less than twice the amount of the illicit gain obtained,

• He was being tried under Article 53 of the Turkish Penal Code, facing the risk of being deprived of public rights and losing his official position.

The Problem of Putting Gang Leaders and Account Holders in the Same Category

The greatest injustice in the old system was that the main perpetrators, who headed an organized network, planned fraudulent activities, deceived victims, and embezzled millions of liras, were tried with the same sentence range (minimum 4 years imprisonment) as those who only allowed their accounts to be used once as a favor or in exchange for a small commission. Because the severity of the contribution to the crime was not taken into account, even if the courts applied discretionary reductions, the sentences could not fall below 3-4 years, making it impossible to suspend the prison sentence or convert it to a fine.

What does this mean?

When you trust an online ad and give your IBAN to earn a symbolic extra income of 500 TL or 1,000 TL, or when you let a friend use your account at their request, you end up bearing the entire cost of hundreds of thousands of liras worth of fraud going on in the background.

While the real fraudsters hide behind fake identities and digital footprints and disappear, the only concrete identity and account the police have is yours, meaning you were directly tried in the High Criminal Court, facing the risk of a 4-5 year prison sentence and having your criminal record tarnished. The 12th Judicial Reform Package was introduced precisely to address this disproportionate injustice.

The Revolution Brought About by the 12th Judicial Reform Package: An Examination of Article 158/4 of the Turkish Penal Code

The issue of disproportionate sentencing in Turkish criminal justice, a long-debated topic known publicly as "IBAN victimization," has undergone a fundamental change with Law No. 7589 (12th Judicial Package). This legal amendment, which added a fourth paragraph to Article 158 of the Turkish Penal Code, clearly distinguishes the legal status of account holders from the actual perpetrators of the crime and introduces a legal hierarchy.

Legal Basis: Article 158/4 of the Turkish Penal Code

According to the new paragraph, if the act of a person who, during the commission of the crime of fraud, obtains or allows the use of another person's bank account, payment instrument, credit card or crypto asset wallet, whether for a fee or free of charge, consists solely of providing these instruments, the basic penalty to be given shall be reduced by half (1/2) .

Conditions for Benefiting from a 50% Sentence Reduction: The legislator has subjected this reduction mechanism to certain limits. For the reduction to be applied, courts require the following conditions to be met:

• The Action Must Be Limited to Simply Providing an Account: The individual's sole action must consist of transferring their bank account, digital wallet (Papara, Payfix, etc.), or card to a third party, or acting as an intermediary in the transfer of funds.

• Not Having Directly Participated in Fraudulent Activities: This requires not having been involved in actions such as contacting the victim, creating fake websites, impersonating a police officer/prosecutor/banker, or persuading the victim.

• Not Being a Founder or Leader of an Organization: The act must not have been carried out in a hierarchical position as a leader within an organized crime syndicate.

Mathematical Calculation of Punishment: Could Imprisonment Be Eliminated?

The most tangible benefit brought about by this regulation is seen in the lower limit of the penalty:

• The minimum sentence under Article 158/1-f of the Turkish Penal Code is 4 years imprisonment .

• When Article 158/4 of the Turkish Penal Code is applied, this sentence is directly reduced to 2 years .

• When Article 62 of the Turkish Penal Code (Discretionary Reduction / Good Conduct) is applied to the defendant due to their attitude and behavior during the trial, the sentence is reduced to 1 year and 8 months .

• Since the sentence is less than two years, the court can decide to postpone the announcement of the verdict (HAGB - Article 231 of the Code of Criminal Procedure) or to suspend the prison sentence (Article 51 of the Turkish Penal Code) .

What does this mean?

Before the new law, anyone who committed an offence even once faced prison sentences starting from 4 years, and even if they received a reduction, the sentence remained above 3 years, was recorded in their criminal record, and they risked going to prison.

With the new regulations, if you were not involved in the fraud scheme, did not personally deceive anyone, and your only mistake was allowing your IBAN/account to be used, your sentence will automatically be reduced by half. This means your sentence can be reduced to less than two years and directly suspended or placed under a conditional release; thus eliminating the need to go to prison and preventing your criminal record from being tarnished.

"Has an Amnesty Been Issued for IBAN Victims?" – Misconceptions and Acquittal Strategy

12. One of the most common misconceptions following the public announcement of the Judicial Reform Package is the false belief that everyone who transferred their bank account information will have their cases dropped or that a "general amnesty" has been granted. From a legal technicality standpoint, a reduction in sentence and an amnesty produce entirely different results.

Legal Basis: The Misconception of General Amnesty and the Mental Element of the Crime (Code of Criminal Procedure, Article 223/2-c)

In Turkish Criminal Law, a general or special amnesty (Article 65 of the Turkish Penal Code) is an exceptional legislative measure that completely dismisses a public prosecution or eliminates the punishment with all its consequences. However, the amendment to Article 158/4 of the Turkish Penal Code introduced with the 12th Judicial Package is not an amnesty, but rather a personal immunity from punishment or a reduction in sentence .

On the other hand, in the Turkish Penal Code system, fraud is a crime that can only be committed with direct or probable intent ; the law does not regulate a type of crime called "fraud by negligence". For a person to be acquitted of fraud, it depends on proving in court that "the perpetrator lacked intent with respect to the alleged crime," in accordance with Article 223/2-c of the Code of Criminal Procedure.

Why Can't Every Account Holder Be Automatically Cleared?

Prosecution and courts proceed on the assumption that the individual acted with knowledge (intent) that the money deposited into their account was fraudulent money, or at least foresaw this possibility and disregarded it (probable intent). If no defense is presented, or if only abstract statements such as "I didn't know" are made, the court accepts the existence of intent. In this case, under the new law , a sentence with a 1/2 reduction is given, not an acquittal.

Proving Lack of Intent and Acquittal Strategy

In order to obtain a full acquittal (declaration of innocence), it is necessary to demonstrate with concrete evidence that the perpetrator was misled (Turkish Penal Code Article 30 - Provisions on Error) and did not act with fraudulent intent.

• Documentation of Deception: WhatsApp, Telegram, email, or SMS messages showing that the defendant was deceived by a promise of employment, a scholarship, social assistance, or a fraudulent business transaction.

• Determination of Non-Performance: Bank log records and camera footage show that the perpetrator did not receive any commission from the money deposited into the account, and that the money was immediately redirected to third parties or withdrawn from an ATM and handed over to someone else.

• Social and Professional Status: The individual's age, education level, digital literacy, and the fact that they would not have been able to recognize this scam in the normal course of life should be recorded in the report.

What does this mean?

The 12th Judicial Package is absolutely not an "amnesty law"; you cannot ignore a police report or court summons that arrives at your door. If you appear in court, present no evidence, and fail to prove you were deceived, the court will continue to consider you guilty; the only difference will be that you receive a 2-year prison sentence instead of 4. Even if your sentence is reduced, you will still be recorded as a "fraudster."

If your intention is not merely to obtain a reduced sentence, but to be completely exonerated and clear your record (acquittal), then instead of remaining passive, you must pursue an active defense strategy, proving with concrete evidence that you were deceived and that your account was used in a crime against your will.

Effective Repentance (Turkish Penal Code Article 168) and the Damages Compensation Mechanism

In fraud cases, the perpetrator's or alleged accomplice's compensation of the victim's financial losses is one of the strongest mitigating circumstances in criminal justice. The amendment to Article 158/4 of the Turkish Penal Code, introduced with the 12th Judicial Package, combined with the provisions on effective repentance in Article 168 of the Turkish Penal Code, creates a double shield of mitigating circumstances for account holders.

Legal Basis: Turkish Penal Code Article 168 and Reduction Rates

According to Article 168 of the Turkish Penal Code, when the victim's material damage in aggravated fraud cases is fully compensated by restitution or compensation, the following legal reductions are applied:

• During the Investigation Phase (Before the Case is Filed): If the damage is fully compensated, the penalty may be reduced by up to two-thirds (2/3) .

• During the Prosecution Phase (Before the Court Decision): If the damage is compensated before the first instance court renders its judgment, the sentence will be reduced by up to half (1/2) .

• Six-Month Extension for Finalized Cases under the 12th Judicial Package: Under the new law, account holders whose sentences have already been finalized are given the opportunity to benefit from effective repentance through a favorable adjustment of their sentences, provided they compensate for the damages within six months of receiving a warning from the court.

Double Reduction Formula: How are Articles 158/4 and 168 of the Turkish Penal Code Applied Together?

In cases where the account holder only provides the IBAN/account and also compensates the victim for their losses, the penalties are calculated progressively as follows:

1. Basic Sentence: In accordance with Article 158/1-f of the Turkish Penal Code, the minimum sentence is determined as 4 years imprisonment (48 months) .

2. First Reduction (Turkish Penal Code Article 158/4): Since the act consists solely of allowing the use of an account, the sentence is reduced by half to 2 years (24 months) .

3. Second Reduction (Turkish Penal Code Article 168/2 - Compensation for Damages During Prosecution): Since the damages have been compensated, a 1/2 reduction for effective repentance is applied again to the remaining sentence, and the sentence is reduced to 1 year (12 months) .

4. Third Reduction (Turkish Penal Code Article 62 - Good Conduct): When the court applies a discretionary reduction (1/6), the final sentence is reduced to 10 months imprisonment .

As a result of this grading system, the final sentence falls well below 2 years; therefore, converting the sentence to a fine (Turkish Penal Code Article 50), suspending it (Turkish Penal Code Article 51), or postponing the announcement of the verdict (Code of Criminal Procedure Article 231) becomes a necessary option.

Proper Compensation for Damages and Official Receipt

For the compensation process to be deemed valid by the court, procedural rules must be strictly followed:

• Payment Description: For payments made via bank transfer, the description section must include the phrase "... Public Prosecutor's Office ... Investigation No." or "... High Criminal Court ... Case Number Victim Compensation Amount" .

• Compensation and Release Agreement: If possible, a signed "Compensation and Release Agreement" should be prepared by contacting the victim, and this should be officially documented as confirming that the victim has suffered no further financial losses.

• Risk of Partial Payment: If only a portion of the damages is paid, the victim's explicit consent is required for the application of effective repentance; otherwise, the reduction cannot be utilized.

What does this mean?

If you repay the money that was deposited into your account and withdrawn by the scammers, the court will grant you a significantly reduced sentence.

When the "account reduction" and "damage compensation reduction" under the new law are applied consecutively (double reduction), a 4-5 year prison sentence can be reduced to a few months. This completely eliminates the risk of imprisonment and allows your sentence to be suspended, preventing it from being recorded in your criminal record. However, for the transaction to be considered valid, it is essential to submit the money to the prosecutor's office and the court with an official receipt and petition, rather than handing it over in cash or sending it without proper verification.

Steps to be Taken Depending on the Stage of the Prosecution

With the entry into force of the 12th Judicial Package, the legal strategy to be applied will vary depending on the stage of the proceedings. Since incorrect or incomplete procedural actions can lead to loss of rights, each stage must be managed within its own dynamics.

Stage 1: Investigation and Police/Prosecutor's Statement

• Avoid Risky Statements: The initial statement given to the police or prosecutor's office determines the entire course of the case. Statements such as "I gave my account details in exchange for a commission," or "I didn't ask where the money came from, I was suspicious but I withdrew it anyway," can be considered "admission of complicity in a crime with possible intent" in legal terminology. It must be clearly stated in the record that there was no intent to commit a crime and that the person was misled by a promise of a job/scholarship/social assistance.

• Submission of Digital Evidence to the File: All WhatsApp, Telegram, and Instagram conversations with the suspects, screenshots of job postings, and incoming call logs must be submitted to the prosecutor's file as evidence, without deletion, in a verified and dated form.

• Appealing Against MASAK and Bank Account Blocks: To have account blocks imposed under Law No. 5549 based on suspicious transaction reports lifted, an appeal petition must be submitted to the Public Prosecutor's Office conducting the investigation, stating the lack of intent and the victim's status.

Stage 2: Ongoing Cases in the High Criminal Court (Pending Files)

• Defining the Limits of Participation Based on Article 158/4 of the Turkish Penal Code: Even if the indictment requests punishment for the defendant under Article 37 of the Turkish Penal Code (principal offender), a written defense submitted to the court must prove that the defendant did not participate in the fraudulent acts of the fraud and that their sole action was providing a means of payment, thereby requesting a 50% reduction in sentence in accordance with Article 158/4 of the Turkish Penal Code.

• Assessment and Compensation of Damages: The exact amount of damage suffered by the actual victim should be determined by examining the bank records and expert reports in the court file, and a double reduction in sentence should be aimed for by paying compensation under Article 168 of the Turkish Penal Code (Effective Repentance).

Stage 3: Cases at the Appeal and Supreme Court Stages

• Retroactive Application of the Law More Favorable to the Offender (Turkish Penal Code Article 7/2): If a first-instance court has imposed a sentence (4 years or more) under the old law, and the case has been appealed to the Regional Court of Appeals or the Court of Cassation, then Article 7/2 of the Turkish Penal Code, which states that "the law more favorable to the offender shall be applied and enforced," comes into effect.

• Request for Annulment and Restitution: An additional petition in favor of the defendant should be submitted urgently to the higher court, stating that the 12th Judicial Package has entered into force; and a request should be made to annul the local court's decision for the purpose of evaluating Articles 158/4 and 168 of the Turkish Penal Code.

Stage 4: Those Whose Sentences Have Been Finalized and Are in Prison (Execution Stage)

• Application for Adaptation Proceedings: For individuals whose convictions have become final, are in the execution phase, or are in prison , an "Adaptation Proceeding" must be requested from the court that issued the judgment, in accordance with Articles 98 to 101 of Law No. 5275 on the Execution of Criminal and Security Measures.

• Suspension of Execution and Release: Since the sentence will be halved and the time to be spent in prison will be shortened or eliminated entirely under the new law, a request for "Suspension of Execution" and "Release" of the convict should be made to the court immediately.

• Six-Month Notice and Effective Repentance: Even in finalized cases, a reduction in sentence can be achieved if the victim's damages are remedied within six months of the court's notification of the notice.

What does this mean?

The stage your case is in is key to your recovery method:

• If you have been summoned to the police station/prosecutor's office: Without saying a single false word, you must gather all your message records to prove you were deceived and give your statement accordingly.

• If your case is being heard in the High Criminal Court: You should tell the court, "I am not a gang member, my only mistake was giving an account of myself," and apply for the 50% sentence reduction under the new law, and if necessary, a reduction for effective repentance by paying a fine.

• If your case is before a higher court (Appeals Court/Supreme Court): You should submit a petition stating, "A new law has been enacted; please re-evaluate my case according to the new law."

• If your sentence has been finalized or you are in prison: You should immediately apply to the court to have your sentence reduced by half under the new law, thereby exercising your right to be released from prison or to have the execution of the sentence suspended.

MASAK and the Process of Lifting Bank Account Blockages

The most immediate and noticeable consequence of investigations into account misuse is the sudden suspension of all banking transactions and the blocking of accounts. This directly affects not only the account involved in the crime but also all of the suspect's salary, savings, and business accounts in other banks.

Legal Basis: Law No. 5549, Article 19/A and Code of Criminal Procedure, Article 128

Restrictions placed on bank accounts are based on two main legal mechanisms:

• Administrative Measures (MASAK Blockages): In accordance with Article 19/A of Law No. 5549 on the Prevention of Money Laundering, the Financial Crimes Investigation Board (MASAK) or the compliance units of banks have the authority to suspend transactions for 7 business days and temporarily freeze accounts when they detect a suspicious money transfer.

• Judicial Measure (Court/Prosecutor's Seizure): According to Article 128 of the Code of Criminal Procedure (CMK), assets alleged to have been obtained through crime are subject to judicial seizure (blocking) by a decision of the Magistrates' Court or, in cases where delay would be detrimental, by a written order of the Public Prosecutor.

Legal Procedures to Lift the Block

• Application to the Prosecutor's Office: A comprehensive petition should be submitted to the Public Prosecutor's Office conducting the investigation, stating that the amount involved in the crime is limited and that the blocked accounts are essential for the individual's basic needs, salary, or business operations. The petition should request that the general block be limited only to the amount involved in the crime or that the block be lifted entirely.

• Notification of Decisions to Banks: When the Decision of No Grounds for Prosecution (Dismissal/KYOK) or the Acquittal Decision obtained from the court as a result of the investigation becomes final, these decisions must be officially notified to the Turkish Banks Association, MASAK (Financial Crimes Investigation Board), and the General Directorates of the relevant banks through the relevant prosecutor's office or court clerk's office.

  
  

What does this mean?

If your IBAN is used in a fraud case, all your bank accounts are instantly locked; you can't withdraw your salary, pay your bills, use your credit cards, and you become financially paralyzed.

These blocks cannot be lifted by simply going to a bank branch and making a verbal request. Formal petitions must be submitted to the prosecutor's office to lift the restrictions on salary and business accounts, or, once the case is concluded, a formal written acquittal decision must be sent to the banks to allow business operations to return to normal.

What are the critical pieces of evidence to be presented to the court?

In fraud cases, abstract statements are not considered sufficient by the courts. It is mandatory for the defendant to demonstrate, with technical and concrete evidence, that they did not intend to commit the crime, that they were deceived, or that they were merely used as a tool.

1. Digital Communication Records and Forensic Copy (Image) Detection

• Communication History: All conversations with suspicious individuals via WhatsApp, Telegram, Instagram, Signal, or SMS, including job/task offers, payment promises, and forged receipts, must be submitted in their entirety to the case file.

• Digital Forensics for Deleted Messages: In case the other party has deleted the messages, the phone should be examined (forensic imaging/copying) by digital forensics experts or court experts to recover the deleted messages and voice recordings.

2. Bank Account Statements and Financial Analysis

• Money Flow Speed: The fact that incoming funds are transferred to another account or cryptocurrency exchange within minutes without waiting in the account indicates that the person is being used merely as a "bridge" and not as the organizer.

• Commission and Benefit Status: It must be technically proven through bank statements that the entire amount of money has been transferred and that no illicit gain or commission remains in the perpetrator's account.

3. Call Transcripts and HTS Log Records

• It must be verified through HTS (Call and Base Station Records) data obtained from the Information and Communication Technologies Authority (BTK) that the defendant had no prior contact, past telephone traffic, or complicity with the main members of the fraud ring.

What does this mean?

Simply saying "I'm innocent, I was deceived" in court won't save you from punishment; courts look at evidence.

You should save all messages, advertisements, and voice recordings sent to you by the scammers without deleting them; you should also obtain your bank statements and present them as concrete evidence to the file, saying, "Look, money was deposited into my account, but it was withdrawn immediately without a single lira remaining; I am not a partner in this gang."

The Importance of Legal Advice and Attorney Support

Cybercrime and fraud are among the most technical and dynamic areas of criminal procedure. The slightest procedural error or mischosen word can directly result in a conviction.

The Fine Line Between Lack of Intent and Admission of Guilt

The legal basis for the defense in statements given to the police or prosecutor's office is very delicate. An uncontrolled statement such as "I knew the money was coming, but I didn't know it was a crime" can be interpreted by the court as "an admission of guilt for participating in the crime with possible intent." Legal advice ensures that the suspect's lack of intent is recorded in the minutes using terminology consistent with criminal law dogma and the specific facts of the case.

Safe Damage Redress and Prevention of Blackmail Risks

There are serious risks involved in contacting the actual victim in order to benefit from the principle of effective repentance:

• The victim demanding much more than the actual damage suffered in the case (blackmail/opportunism),

• The court deemed the payment invalid because it was not made with the correct file number and description.

• Risk of duplicate payments in cases involving multiple defendants.

  The legal safeguards established through Damages Compensation and Release Protocols prepared during the legal process completely eliminate these risks.

Management of Favorable Laws and Appeal Periods

Requests for the adaptation of Articles 158/4 and 168 of the Turkish Penal Code, which came into force with the 12th Judicial Package, must be submitted with reasoned explanations, based on case law, and including a request for suspension of execution; this requires professional and technical legal representation to avoid missing the legal appeal deadlines.

What does this mean?

When acting on your own, you risk being victimized again by scammers or malicious individuals while trying to pay for damages, losing your money due to a false payment statement, and still receiving a penalty. Or, while trying to defend yourself in court, you might unknowingly take the blame by making a wrong statement.

A specialized law firm will ensure your testimony is accurate, present your evidence properly to the court, negotiate a legal settlement to reduce your sentence, or manage a strategy that will lead to your complete acquittal.

Frequently Asked Questions (FAQ)

I gave my IBAN number, but the money wasn't transferred to me. Am I still responsible?

Legal Basis: According to the principles of criminal law, it is not necessary for the unjust enrichment to remain in the defendant's assets for the crime to be completed. The act of depositing the money into an account and transferring it to third parties is considered participation in the completion of the crime. However, according to Article 158/4 of the Turkish Penal Code, introduced with the 12th Judicial Package, if your action consists solely of providing the account information and you do not have any control over the money, the sentence will be reduced by half.

What does this mean? Even if you withdrew the money and handed it over in person or didn't receive any commission, the prosecutor's office will still hold you responsible. However, thanks to the new law, you will be considered only an "account provider" and not an organizer, and your penalty will be halved.

Is it mandatory to submit an application to benefit from the 12th Judicial Reform Package?

Legal Basis: Courts are obligated to consider the laws in force that are favorable to the accused ex officio (Turkish Penal Code, Article 7/2). However, due to the workload in the judicial system, the determination of complicity, and cases in the execution phase, submitting a reasoned petition to the court regarding Article 158/4 of the Turkish Penal Code and requests for effective repentance is a procedural necessity. What Does This Mean? Waiting for the court to become aware of your situation on its own can lead to loss of rights and unnecessary imprisonment. Especially if your case is at the appeals court, the Court of Cassation, or if your sentence has been finalized and is in the execution phase, submitting a petition for adaptation requesting a reduction in sentence and release is mandatory.

If I pay for the damages, will it be recorded in my criminal record?

Legal Basis: When the reduction under Article 158/4 of the Turkish Penal Code (TCK) and the reduction for effective repentance under Article 168 of the TCK are applied together, the resulting sentence falls below 2 years. If the defendant has no prior conviction for an intentional crime, the court may issue a decision to postpone the announcement of the verdict (HAGB - Article 231 of the Code of Criminal Procedure). What Does This Mean? If you properly compensate the victim for their losses and receive a double reduction, the court may postpone your sentence or issue a HAGB decision. If you do not commit an intentional crime during the 5-year probationary period, the case is completely dismissed, and your criminal record remains clean.

Do cryptocurrency accounts opened or rented in someone else's name fall under this category?

Legal Basis: The text of Law No. 7589 explicitly lists not only traditional bank accounts but also "payment instruments, credit cards, or cryptocurrency wallets." P2P accounts on cryptocurrency exchanges and wallets at electronic money institutions (Papara, Payfix, etc.) are directly covered by Article 158/4 of the Turkish Penal Code. What Does This Mean? Even if the account you rent or lend to someone else is not a bank IBAN, you can still benefit from a 50% reduction in your sentence for transfers made through a Papara account or cryptocurrency wallet.

If you are subject to a criminal investigation, lawsuit, or MASAK (Financial Crimes Investigation Board) block due to your bank account:

Criminal investigations, pending serious crime cases, or finalized convictions initiated against you due to the use of bank accounts, IBANs, or digital payment methods require meticulous legal review in line with the favorable provisions of the 12th Judicial Package and effective repentance mechanisms.

You can receive professional legal support for monitoring your legal rights under the 12th Judicial Package, filing applications for adaptation proceedings, and technical analysis of your case file.

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