1. Penal Regulations Under Article 5/1-c and 5/1-ç of Law No. 7258
Article 5 of Law No. 7258 on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions stipulates severe criminal sanctions for illegal betting activities. The provisions reflected in judicial decisions are as follows:
Facilitating Money Transfer (Art. 5/1-c): Persons who facilitate money transfer in connection with betting or games of chance based on sports competitions shall be sentenced to imprisonment for three to five years and a judicial fine of up to five thousand days. The 19th Criminal Chamber of the Court of Cassation emphasized that the lower limit for imprisonment in the application of this article is 3 years and that it is mandatory to also impose a judicial fine along with the imprisonment.
Advertising and Incitement (Art. 5/1-ç): It is stipulated that those who encourage people to bet by advertising or by other means shall be sentenced to imprisonment for one to three years and a judicial fine of up to three thousand days.
2. Judicial Findings Regarding the Crime of Facilitating Money Transfer (Art. 5/1-c)
In the decisions of the Court of Cassation and the Council of State, concrete application examples and legal requirements regarding the crime of facilitating money transfer are as follows:
Action and Evidence: The 7th Criminal Chamber of the Court of Cassation evaluated the facilitation of money transfers via the “mobile bank” application on behalf of betting companies based in the Turkish Republic of Northern Cyprus within this scope. In such cases, MASAK reports, Skype communications, and statements made during the investigation phase are accepted as primary evidence. Although the defendants claimed they initially did not know the activity was illegal, their continued facilitation after learning the situation was deemed a reason for conviction.
Seizure of Bank Accounts: In the decision of the Istanbul 15th Civil Court of Commerce, it was stated that bank accounts can be seized on suspicion of facilitating the transfer of illegal betting funds, in accordance with Article 5 of Law No. 7258 and Article 128K of the CPC, and that banks’ suspicious transaction reports were justified.
Impact on Security Investigation: In the case subject to the decision of the 12th Chamber of the Council of State, it is seen that a person’s contract was terminated due to a prosecution carried out under Article 5/1-c. However, the Council of State ruled that the action would be annulled if the method of obtaining this data was contrary to the Constitution.
3. Administrative and Judicial Practices Regarding Advertising and Promotion Offenses (Art. 5/1-c)
Within the scope of this sub-paragraph, specifically, media organizations advertising illegal betting sites are subject to both criminal and administrative sanctions:
RTÜK and Advertising Board Decisions: During matches broadcast on platforms such as S SPORT+, TV8, and EXXEN (for example; NK Maribor-Fenerbahçe, FK Dinamo Kyiv-Beşiktaş, Twente-Fenerbahçe), the use of logos of illegal betting sites (Tempobet, 1xbet, Bets10, Mobilbahis, etc.) and promotional phrases like “1,000 TL Free Bet”, “Welcome Bonus” through virtual advertising techniques was found to be in violation of Article 5/1-ç. This situation leads to administrative fines and the removal of the program from the catalog in accordance with Law No. 6112.
Promotional Phrases: It has been determined in the decisions that phrases such as “No loss from a single match”, “Experience high excitement”, and “Instant match-specific code” encourage viewers to gamble and arouse curiosity.
4. Closure of Workplaces and License Revocation
According to the decisions of the 10th and 4th Chambers of the Council of State, the following administrative sanctions are applied to workplaces found to have committed crimes under Article 5 of Law No. 7258:
Authority of the Highest Civil Administrator: The highest civil administrator of the locality can seal and close the workplace for a period of three months without any warning and revoke its business license.
Condition for Finalization: The 4th Chamber of the Council of State emphasized that for severe sanctions such as the closure of the workplace and the revocation of its license to be applied, the result of the relevant criminal proceedings must be finalized, and therefore cited as grounds for annulment any actions taken before this process was completed.
Competent Jurisdiction: The 10th Chamber of the Council of State stated that these closure operations constitute an administrative sanction under Law No. 5326 on Misdemeanors and that appeals against these decisions should be made to the magistrate courts.
5. Secondary Information Sources
The following points include additional contexts obtained from secondary sources due to the limited information found in the decision texts:
Broadcaster Responsibility: In RTÜK decisions, it was emphasized that broadcasting organizations are responsible for all their broadcasts, including content provided by third parties (Law No. 6112, art. 6/4), and that their failure to immediately intervene in illegal betting advertisements constitutes a violation.
Virtual Advertising Techniques: It was stated that advertisements for illegal betting sites are often placed on stadium billboards or next to goals using virtual advertising techniques, and that these sites are illegal platforms not licensed by the Spor Toto Organization Presidency.
Examples of Criminal Enforcement: In some Supreme Court decisions (7th Criminal Chamber 2025/1218), it is seen that defendants transferred illegal betting money by claiming “we are collecting online sales site payments”, but these defenses were rejected due to the presence of criminal intent, and the conviction judgments were upheld. Furthermore, the legality of collecting evidence through law enforcement officers posing as test customers was discussed, and it was stated that such evidence, combined with the confessions of the defendants, could form the basis for conviction.
Yasa dışı bahis kapsamında para nakline aracılık etmek ne anlama gelir?
7258 sayılı Kanun m.5/1-c kapsamında para nakline aracılık; yasa dışı bahis sitelerine ait para transferlerinin gerçekleştirilmesi, başkası adına banka hesabı kullandırılması, “cep bank”, kripto transfer veya üçüncü kişiler üzerinden para akışının sağlanması gibi eylemleri kapsar. Yargıtay uygulamasına göre, kişinin bu faaliyetleri bilerek sürdürmesi halinde 3 yıldan 5 yıla kadar hapis ve adli para cezası ile cezalandırılması söz konusudur.
Yasa dışı bahis reklamı yapmak suç mudur? Sosyal medyada paylaşım da cezaya girer mi?
Evet. 7258 sayılı Kanun m.5/1-ç kapsamında yasa dışı bahis sitelerinin reklamını yapmak veya insanları bu sitelere yönlendirmek suçtur. Bu kapsamda;
Sosyal medya paylaşımları
Influencer reklamları
Link paylaşımı
Bonus kampanyası tanıtımı
gibi eylemler de suç teşkil edebilir. Bu durumda 1 yıldan 3 yıla kadar hapis ve adli para cezası uygulanabilir. Ayrıca RTÜK tarafından idari para cezaları ve yayın durdurma yaptırımları da uygulanmaktadır.
Yasa dışı bahis suçlarında banka hesaplarına el konulabilir mi?
Evet. Ceza Muhakemesi Kanunu (CMK) m.128 uyarınca, yasa dışı bahis gelirleriyle bağlantılı olduğu değerlendirilen banka hesaplarına el konulabilir. Özellikle MASAK raporları, para transfer kayıtları ve iletişim içerikleri bu süreçte belirleyici olur. Ancak el koyma işleminin hukuka uygun yapılması gerekir; aksi halde itiraz ve iptal yolları mümkündür.
Why Should You Seek Support from an Expert Criminal Lawyer?
Illegal betting crimes are cases that, in practice, involve very severe sanctions and technical evidence evaluations. Especially in money transfer and advertising crimes, even a seemingly minor transaction can lead to serious prison sentences.
Expert legal support is critically important for the following reasons:
✔ Correct analysis of MASAK reports and bank transactions
✔ Accurate evaluation of whether the element of “intent” exists
✔ Scrutiny of the legality of evidence
✔ Prompt objection to account seizures and asset freezing measures
✔ Formulation of a defense strategy against RTÜK and administrative sanctions
Especially in cases centered in Istanbul, considering the differences in practice and the intensity of investigations, professional management of the process provides a great advantage. At this point, 2M Hukuk Law Office, with its experience in illegal betting crimes and economic criminal law, provides effective legal protection from the beginning to the end of the process.
