Introduction

Opening a bank account in your own name and making this account available for use by other individuals is an action frequently encountered today, especially in cases such as fraud, illegal money transfers, and money laundering. Such behaviors can lead to various types of offenses, both within the scope of Article 15 of Law No. 5549 on the Prevention of Laundering Proceeds of Crime and under the framework of the Turkish Penal Code (TCK). The important point is that in such transactions, there is no need for definitive evidence regarding the source or purpose of the money for the crime to be constituted. In other words, a person making a bank account opened in their own name available for use by others and not reporting this to the authorized institution effectively constitutes a crime.

Liability Under Article 15 of Law No. 5549

Law No. 5549, Article 15 is regulated as follows: “In transactions requiring identity verification carried out with or through obliged parties, any person acting in their own name but on behalf of another, shall be punished with imprisonment from six months to one year or a judicial fine of up to five thousand days, if they fail to notify the obliged parties in writing on whose behalf they are acting before performing these transactions.” This article of the law regulates the crime of “failure to declare that a transaction is made on behalf of another” and clearly states that this crime is a formal offense. That is, it is not investigated whether the money subject to the transaction is proceeds of crime; the crime is completed if the transaction is not declared to be made on behalf of another. Among the elements required for the crime to occur are that the transaction must be one requiring the identification of the person performing the transaction, and that the transaction must be carried out at a bank or an authorized obliged institution. Courts specifically consider the act of the account holder acting in their own name but on behalf of another, and failing to notify this situation in writing before the transaction, as a fundamental element of the crime.

In practice, the most frequently encountered situation is the act known as “account rental”. A bank account opened in one’s own name is used by other individuals or companies without any notification. In the decision numbered 2023/3979 of the 31st Penal Chamber of the Istanbul Regional Court of Justice, the conviction decision was upheld on the grounds that the defendant making the bank account opened in the company’s name available for others’ use constituted the elements of the crime. Furthermore, when determining whether a crime has been committed, courts do not only look at the intensity of account activities; they ascertain whether the transaction requires identity verification with expert witness reports. In the decision numbered 2024/1952 of the 15th Penal Chamber of the Istanbul Regional Court of Justice, it was also emphasized that heavy money traffic alone is not sufficient for conviction.

Liability Under the Turkish Penal Code

Allowing an account opened in one’s own name to be used by others can lead to different criminal consequences, depending on what crime and how the account was used.

Fraud (Turkish Penal Code Art. 157-158)

TCK Article 157: “A person who obtains an unjust benefit by deceiving another commits the crime of fraud.” TCK Article 158: Regulates aggravated fraud cases; for example, defrauding banks or credit institutions, or using forged documents. If an account is used as a tool in fraudulent acts aimed at deceiving victims, the account holder is held responsible for complicity in the crime of fraud. In the decision of the 9th Criminal Chamber of the Adana Regional Court of Justice, the transfer of money from someone else’s account to the defendant’s own account through a person who introduced themselves as a bank officer was considered fraud, and the account holder was held responsible. The 11th Criminal Chamber of the Supreme Court of Appeals also rendered a conviction decision in similar cases, accepting that the defendant aided the crime of fraud.

Crime of Misuse of Bank or Credit Cards (TCK Art. 245)

TCK Article 245: “It is a crime to use another person’s credit or bank card without consent or to obtain a card using another person’s information.” If an account facilitates the unauthorized use of another person’s bank or credit card information, this crime occurs instead of fraud. The 15th Criminal Chamber of the Supreme Court of Appeals has stated that transactions made with the victim’s identity and card information should be evaluated under TCK Art. 245 instead of aggravated fraud.

Crime of Theft through Information Systems (TCK Art. 142/2-e, Art. 141/1)

Turkish Penal Code (TCK) Article 142/2-e: “Damaging property through information systems.” Turkish Penal Code (TCK) Article 141/1: “Taking property obtained through fraudulent acts without consent constitutes the crime of theft.” If an account is used via internet banking or mobile applications without the knowledge and consent of the victim, the act is classified as cyber theft. In the decision of the 9th Criminal Chamber of the Antalya Regional Court of Justice, the seizure of the victim’s internet banking password and the transfer of money from their account without their consent were deemed the crime of theft. The General Criminal Assembly of the Supreme Court of Appeals has also stated in similar cases that fraud does not occur when money is not delivered with consent obtained through fraudulent behavior, but rather, the person who takes the money without consent commits the crime of theft.

Forgery of Official or Private Documents (TCK Art. 204, 207)

Turkish Penal Code (TCK) Article 204: regulates the crime of forgery of official documents, Turkish Penal Code (TCK) Article 207: regulates the crime of forgery of private documents. If fake identity, power of attorney, or other documents are used during the account opening or usage process, the perpetrator is also held responsible for the crime of forgery. The 23rd Criminal Chamber of the Supreme Court of Appeals emphasized that defendants who conduct banking transactions with fake documents can be held responsible for both aggravated fraud and forgery.

Practical Recommendations and Points to Consider Regarding the Act of Opening a Bank Account and Making It Available for Others’ Use

Providing a bank account opened in one’s own name for others to use carries serious risks and can lead to criminal liability even if one is unaware. Account holders must thoroughly evaluate the legal consequences of this situation before allowing others to use their accounts. If a transaction is made on behalf of another person, making a written notification to the competent authority both prevents the commission of a crime and reduces potential legal problems in the future.

Courts meticulously examine the distinction between fraud, theft, and bank card crimes. Therefore, it is important to keep detailed transaction records and for suspicious or unusual activities to be reported immediately by the bank. Furthermore, during the court process, obtaining an expert report to determine whether the transaction requires identity verification is a mandatory procedural rule.

Conclusion

Providing a bank account opened in one’s own name for others to use, leads to serious criminal liability under both Law No. 5549 and the TPC. For the crime to occur, the source or purpose of the money’s use is not important; what is sufficient is that the transaction made on behalf of another person is not reported to the competent authority. The crime for which the account was used, the perpetrator’s intent, and the manner in which the act was committed determine the criminal liability. Different types of crimes such as fraud, bank card misuse, cyber theft, or forgery may be involved. Therefore, it is critically important for lawyers, when determining defense strategies, to thoroughly analyze the client’s intent, the manner in which the account was used, and whether the victim’s will was deceived. An article suggestion.

Why is Tuzla Lawyer Support Necessary?

Providing a bank account opened in one’s own name for others to use is an action that can lead to complex legal consequences. At this point, obtaining Tuzla lawyer support is of critical importance. We can summarize the reasons as follows:

Legal Investigation and Defense Strategy: In such cases, courts evaluate both the provisions of Law No. 5549 and the Turkish Penal Code (TCK) together. The purpose for which the account was used, the elements of the crime, and the perpetrator’s intent are meticulously examined. An experienced lawyer in Tuzla accurately analyzes the client’s intent and the nature of the act, developing an effective defense strategy.

Monitoring Expert Reports: As frequently emphasized in judicial decisions, whether banking transactions require identity verification and whether they were carried out on behalf of another person are reported by expert witnesses in the field. Lawyer support ensures that the necessary expert reports are prepared and submitted to the file during this process.

Determination of Criminal Liability: Depending on how the account is used, crimes such as fraud, misuse of a bank card, cyber theft, or forgery may arise. The lawyer clearly defines the client’s liability limits and strives to minimize potential penalties.

Protection of Rights in Legal Processes: When a crime is alleged, an individual may suffer loss of rights during both the investigation and trial processes. A Tuzla lawyer protects the client’s rights throughout the entire process, ensuring that documents and evidence are presented correctly.

In summary, allowing a bank account opened in one’s own name to be used by others carries serious legal risks. Therefore, in regions such as Istanbul, Tuzla, Pendik, Kartal, Maltepe, Aydınlı, Orhanlı, Gebze, Çayırova, Tepeören, Darıca, Bayramoğlu, the guidance of an expert lawyer is critically important for protecting the client’s rights against criminal accusations and reducing possible penalties.