“Money will be deposited into your account, you just withdraw it and send it to us, five percent of each transaction is yours.” “Give your IBAN, we will deposit your salary here.” “Give your card for a week, I’ll pay 3,000 lira rent.” These offers circulating on social media, job postings, and messaging groups lead to thousands of people being charged as defendants in high criminal courts every year.

Renting an IBAN or allowing someone else to use your bank account can be subject to various crimes such as aggravated fraud, money laundering, facilitating money transfers in illegal betting, and violating Law No. 5549, depending on the purpose for which the account is used. Law No. 7589 (12th Judicial Package), which came into force on July 31, 2026, brought a significant change in this area: the punishment for those whose participation in fraud is limited solely to providing account or card information is now reduced by half.

In this article, we meticulously examine the legislation, the new TCK article 158/4 provision, and the decisions of the Court of Cassation and regional courts of appeal that determine the outcome in these cases.

1. Applicable Legislation and Legal Framework

Renting out bank accounts, IBAN numbers, or linked cards and passwords for profit, or allowing third parties to use them, is subject to sanctions under Turkish criminal and financial legislation, both as independent crime types and under provisions for complicity in principal crimes. Which provision will be applied is determined by the purpose for which the account was used and whether the account holder was aware of this purpose.

2. Participation in Aggravated Fraud (TPC Art. 158/1-f and 158/3)

The use of accounts belonging to others for money transfer in acts of fraud is considered qualified fraud committed “by using information systems, banks, or credit institutions as a means” within the scope of Article 158/1-f of the Turkish Penal Code (TPC). The penalty stipulated by law for this paragraph is imprisonment from four to ten years and a judicial fine not less than twice the benefit obtained from the crime. If the crime is committed jointly by three or more persons, the penalty is increased by half in accordance with Article 158/3 of the TPC.

Even if the account holder has never spoken to the victim or prepared the fake advertisement, if it is accepted that they knowingly and willingly provided their account to fraudsters, they are often held responsible for this crime as a co-perpetrator (TPC Art. 37) or an accessory (TPC Art. 39).

3. Current Legal Amendment: Half Reduction with TPC Article 158/4

With Article 13 of Law No. 7589, adopted on July 16, 2026, and published in the Official Gazette dated July 31, 2026, numbered 33326, entering into force on the same day, a fourth paragraph has been added to Article 158 of the TPC:

Elements of the Provision

• Covers all types of simple and qualified fraud: The paragraph applies to participation in offenses under both TPC Article 157 and Article 158.
• Purpose of unfair advantage: The act must have been committed with the purpose of obtaining an unfair advantage for oneself or another.
• Belonging to oneself or another: This also includes individuals who transmit card or account information belonging to others, not just their own, to the organization.
• Broad definition of instruments: This includes payment instruments such as debit and credit cards, as well as access information or instruments for accounts held with banks, intermediary institutions, payment service providers (including electronic money institutions), and crypto-asset service providers.
• Condition of being “limited to the act of giving”: This is the key element for the discount. If the account holder has gone beyond merely giving, the discount is not applied.
• Mandatory discount: The phrase “discounted by half” leaves no room for discretion; if the conditions are met, the discount must be applied.

Who benefits and who does not?

Impact on Punishment: A Calculation Example

For example, for a defendant whose participation is limited solely to providing their account and who was sentenced to 4 years imprisonment from the lower limit under TPC article 158/1-f, the punishment according to article 158/4 decreases to 2 years; the judicial fine is also reduced by the same rate. This situation allows for the discussion of the conditions for the deferment of the pronouncement of the verdict (HAGB) concerning the 2 years or less imprisonment limit in CCP article 231, which was re-regulated by Law No. 7589. For HAGB, other conditions such as full restitution of damages must also be met; the new regulation also allows for the payment of damages in installments during the probation period. In cases where the crime is considered to have been committed by three or more people and the increase under article 158/3 is applied, the outcome will be different. In each case, the calculation must be made separately according to the specific penalty determination.

Pending and Finalized Cases: Transitional Provisions

According to TPC article 7/2, if the law in force at the time of the crime and the law that came into force later are different, the one that is more favorable to the offender is applied. Since TPC article 158/4 is a favorable regulation, it also applies to acts committed before its effective date. Additionally, the provisional article of Law No. 7589 has established a special transitional arrangement for these cases:

• Cases pending in the court of first instance: If the conditions are met, article 158/4 is directly applied in the verdict.
• Files at the appellate and supreme court review stages: According to published evaluations, the provisional article stipulates that for defendants to whom Article 158/4 will be applied, files at the appellate stage should be overturned and sent to the first instance court, and files at the Supreme Court Chief Public Prosecutor’s Office should also be returned to the first instance court.
• Files at the finalization and enforcement stages: An adaptation trial comes into question due to the law favoring the accused. Additionally, the provisional article stipulates that for convicts to whom Article 168 of the Turkish Penal Code (TCK) was not previously applied, the effective repentance discount in Article 168/2 shall be applied if the victim’s damage is completely compensated within six months from the court’s warning. Enforcement cannot be postponed or suspended on this ground until the damage is compensated.

The paragraph numbers and details of the provisional article should be checked from the official gazette’s legal text before making an application.

4. Laundering of Asset Values Derived from Crime (TCK art. 282)

The crime of money laundering arises if an account is used to circulate criminal proceeds in order to conceal their origin or make them appear legitimate:

• TCK Art. 282/1: A person who takes assets derived from a predicate crime abroad or subjects them to various transactions with the aim of concealing their illicit origin or creating the impression that they were acquired through legitimate means shall be punished with imprisonment from three to seven years and a judicial fine up to twenty thousand days.
• TCK Art. 282/2: A person who, without participating in the predicate crime, knowingly acquires, accepts, possesses, or uses an asset that is the subject of this crime shall be punished with imprisonment from two to five years.

The most significant debate in money laundering crimes is whether the account holder knew that the money originated from a crime. In practice, irregular and high-value transfers from unknown individuals to an account, and their rapid transfer to other accounts, are considered indicators of such knowledge.

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

TCK Art. 245 regulates the unauthorized use of another person’s card and counterfeit cards. A person who seizes or possesses another person’s card and uses it to gain benefit without the cardholder’s consent shall be punished with imprisonment from three to six years and a judicial fine up to five thousand days (Art. 245/1); while using a counterfeit or altered card to gain benefit requires imprisonment from four to eight years and a judicial fine up to five thousand days (Art. 245/3). The acts of producing, selling, transferring, and accepting counterfeit cards are also separately sanctioned under Art. 245/2.

In IBAN rental cases, since the account holder gives their card with their own consent, the “without consent” element of Article 245/1 often does not materialize. The Supreme Court has also clearly made this distinction:

6. Law No. 5549, Article 15: Failure to Disclose that a Transaction is Made on Behalf of Another

Article 15 of Law No. 5549 on the Prevention of Laundering of Criminal Proceeds regulates a type of crime independent of fraud or betting offenses:

Banks are “obliged parties” within the meaning of this Law. A person who opens or uses an account for someone else’s use, without notifying the bank in writing, may be subject to investigation and prosecution under this provision. In practice, when the intent of the account holder to participate in fraud or betting crimes cannot be proven, this type of crime is evaluated separately.

This crime carries a much lighter penalty compared to the main offenses, with imprisonment and a judicial fine being alternative options. Whether Article 15 or complicity in the main offense will be applied in a given case is determined by concrete facts such as how the account was opened, and by whom and for whose account the transactions were made. Therefore, correctly identifying the nature of the crime in the defense is of great importance.

7. Facilitating Money Transfer in Illegal Betting (Law No. 7258, Article 5/1-c)

One of the most common uses for rented accounts is for the money traffic of illegal betting sites. In this case, Law No. 7258 on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions applies:

The assets that are the subject of this crime may be confiscated, and accounts may be seized during the investigation in accordance with Article 128 of the CCPC (Criminal Procedure Code). The half-reduction specified in Article 158/4 of the TPC (Turkish Penal Code) does not apply to this crime; because the paragraph is only foreseen for participation in fraud crimes. For details on this topic, you can refer to our article illegal betting money transfer and advertising crime.

8. Law No. 5464, Article 37: False Statement of “I Lost My Card” or “My Card Was Stolen”

Giving one’s card to someone else and then notifying the bank that “my card was stolen” or “I lost it” constitutes a separate crime:

This provision poses a serious risk, especially for account holders who panic after an investigation has begun and resort to the defense of “my card was stolen.” A false report of loss/theft not only constitutes a new crime but also undermines the credibility of the defense in the main file.

9. Comparison of Crimes and Punishments

10. Determination of the Will to Participate and the Mental Element in Judicial Practice

In IBAN cases, the outcome is often determined by a single question: did the account holder know that their account would be used in a crime? The approach of the Supreme Court and regional courts of justice to this question is concretized in the following decisions.

Principle of the Ordinary Course of Life

Renting out an account for a benefit: principal perpetration

Joint Perpetration and Factual Cooperation

Need for conclusive evidence

11. Legal and Financial Responsibility

Independent of criminal proceedings, account holders also face serious legal and financial consequences.

Unjust Enrichment and Compensation

Bank account closure and suspicious transaction report

12. If Your Account Was Used in a Crime: First Steps and Defense Strategy

• Immediately disable access. Cancel the card, change internet and mobile banking passwords, and notify the bank in writing. However, if you personally gave the card to someone else, do not report it as “lost/stolen”; this may constitute a separate crime under Law No. 5464, Article 37.
• Preserve the evidence. Save correspondence with the person who requested your account, the job advertisement, phone numbers, any payments made to you, and the account statement without deleting them.
• Consult with a defense attorney before giving a statement. You have the right to remain silent at the police or prosecutor’s office (CMK Art. 147) and can benefit from legal counsel. As seen in the decision of the Istanbul Regional Appellate Court 21st Criminal Chamber, a statement such as “I rented it” can determine the course of the file.
• If you were deceived, document it. If your account was taken over under the guise of a fake job advertisement, a promise of a loan, or a cargo pretext, a criminal complaint detailing this will both strengthen your defense and contribute to identifying the real perpetrators.
• Plan for restitution. Restitution for the victim’s damages, when considered in conjunction with Article 168 (effective remorse), HAGB (Postponement of the Announcement of the Verdict), and Article 158/4 of the Turkish Penal Code (TCK), can significantly reduce the penalty.
• Discuss the offense’s qualification. The correct classification of the same act among Articles 158, 245, 282, 5549 Article 15, and 7258 Article 5; whether the conditions for the increase under Article 158/3 are truly met; and the application of Article 158/4 are the main headings of the defense.

13. Why Is It Important to Manage the Process Correctly in These Cases?

IBAN cases are one of the most technical areas of criminal law. The same account transaction can be qualified as participation in qualified fraud, money laundering, brokering money transfer for betting, or merely opposition to Law No. 5549, and this qualification changes the penalty by years. After Law No. 7589, a new one was added: whether participation is “limited to the act of providing.”

Main headings of the defense

• Lack of intent: Demonstrating that the intent for benefit and participation cannot be proven, in line with the established jurisprudence of the 11th Criminal Chamber of the Court of Cassation, which seeks conclusive evidence.
• Rebuttal of the presumption of the ordinary course of life: Documentation that the account was given to the known person with a legitimate reason or that the person was deceived.
• TCK art. 158/4 reduction: Demonstrating with concrete evidence that the participation was limited solely to providing an account or card; identification of who made the ATM records and money transfers.
• Objection to art. 158/3 increase: Verification of whether it has been proven that three or more people acted together.
• Objection to duplicate qualification: Citing the decision no. 2021/35446 E. of the 11th Criminal Chamber of the Supreme Court of Appeals against the joint application of art. 245 and art. 158 for the same act.
• Transitional provisions: Timely utilization of annulment, adaptation, and six-month effective repentance opportunities for cases under appeal and finalized cases.
• Compensation for damages and Suspension of the Pronouncement of the Verdict (HAGB): Structuring effective repentance and the possibility of compensation for damages in installments under the new CMK art. 231 together.

Regions we serve

2M Law Office is located in Tuzla. In investigations and prosecutions concerning IBAN rental, account lending, qualified fraud, and illegal betting, we follow cases in the serious criminal courts and general criminal courts of the Istanbul Anatolian Courthouse (Kartal), and the courthouses of Gebze and Kocaeli. On the Anatolian Side, we work on cases from Tuzla, Pendik, Kartal, Maltepe, Kadıköy, Ataşehir, Ümraniye, Sancaktepe, and Sultanbeyli; on the European Side, from Bakırköy, Bahçelievler, Esenyurt, and Küçükçekmece; and in Kocaeli, from Gebze, Darıca, Çayırova, Dilovası, and İzmit. If your account was used in an investigation opened in a different province, it is also possible for your statement to be taken by instruction at the Public Prosecutor’s Office in your current location.

14. Frequently Asked Questions

Is renting an IBAN a crime?

Yes. Providing account, card, or internet banking information to another person for a fee; if the account is used in fraud, it may constitute participation in aggravated fraud (TCK Art. 158/1-f), if used in illegal betting, it may constitute facilitating money transfer (Law No. 7258 Art. 5/1-c), and if used to conceal proceeds of crime, it may constitute money laundering (TCK Art. 282). Additionally, an investigation may be carried out under Law No. 5549, Art. 15.

Did the 12th Judicial Package grant amnesty to those who rented out IBANs?

No. Article 4 added to TCK Article 158 by Law No. 7589 is not an amnesty, but a sentence reduction. The sentence of a person whose participation in fraud consists solely of providing card, account, or access information to another person is reduced by half. The act continues to be a crime.

To whom does the TCK 158/4 reduction not apply?

It does not apply to individuals who withdraw money from an ATM after providing their account, transfer it to other accounts, contact the victim, prepare fake advertisements, or manage the organization. The reduction depends on the participation being “limited to the act of giving”.

If I have a final sentence, can I benefit from TCK 158/4?

The principle of lex mitior (TCC art. 7/2) also opens the way for adaptation even for finalized judgments. Furthermore, the provisional article of Law No. 7589 stipulates the possibility of effective repentance for convicts in the enforcement stage, provided that the damage is fully compensated within six months from the court’s warning. It should also be assessed whether the file falls within this scope.

I gave my account without receiving money, just as a favor to my friend. Would I still be responsible?

You might be. In its decision numbered 2025/268 E., the 21st Criminal Chamber of Istanbul Regional Court of Appeals stated that giving the card to someone else without receiving any benefit is also unlawful and could lead to civil or criminal liability for the resulting outcome. However, for criminal liability, intent and complicity must be proven with concrete evidence.

My account was used in fraud, but I didn’t know about it. What are the consequences?

For a conviction, the intent to participate in the crime must be proven with evidence beyond a reasonable doubt. The 11th Criminal Chamber of the Court of Cassation pointed to precedents in this direction in its decision numbered 2025/552 E. How and to whom the card was given, whether any benefit was received, correspondence, and account activity form the basis of the defense.

What is the penalty for the offense under Article 15 of Law No. 5549?

A person who conducts transactions in their own name but on behalf of another and fails to notify the obliged party in writing shall be punished with imprisonment from six months to one year or a judicial fine up to five thousand days.

If my account was used in illegal betting, what penalty is applied?

According to Article 5/1-c of Law No. 7258, those who mediate money transfers related to betting and games of chance shall be punished with imprisonment from three to five years and a judicial fine up to five thousand days. Funds in the account may be seized pursuant to Article 128 of the CPC.

I gave my card to someone else, then reported it as stolen. Is this also a crime?

Yes. According to Article 37 of Law No. 5464, a cardholder who uses the card or allows another person to use it by making a false statement that their card was lost or stolen shall be punished with imprisonment from one to three years and a judicial fine of up to two thousand days.

Can the victim request the money sent to my account back?

Yes. Independent of criminal liability, the victim can file a lawsuit against the account holder based on tort or unjust enrichment provisions. In its decision numbered 2022/558 E., the 12th Civil Chamber of Istanbul Regional Court of Appeals stated that the account holder is obliged to compensate for damages if an unauthorized amount transferred to the account is withdrawn.

Can the bank close my account?

In its decision numbered 2022/894 E., the 13th Civil Chamber of Istanbul Regional Court of Appeals stated that it is reasonable to consider accounts with intense, unidentifiable money transfers as risky, and that the bank has the right to close the account within the scope of contractual freedom.

If my account was used in a crime, what should I do first?

Immediately have the bank close your card and internet banking access, keep correspondence and account statements, and consult a lawyer before giving a statement. Remember that you have the right to remain silent (CCP art. 147). If your account was used by deception, a criminal complaint detailing this situation may be considered.

15. Decisions and Conclusion Mentioned in the Article

In conclusion, renting out an IBAN and allowing someone else to use a bank account can constitute a distinct crime, as well as directly incurring liability for participation in serious crimes such as aggravated fraud and illegal betting. The fourth paragraph added to Article 158 of the Turkish Penal Code (TCK) by Law No. 7589 provides for a fifty percent reduction in penalty for individuals whose participation in fraud crimes is limited to providing account, card, or access information; however, this is not an amnesty. The account holder may also be prosecuted under Article 15 of Law No. 5549 and held legally responsible for the victim’s damages. Decisions of the Court of Cassation consider the transfer of an account for personal gain to be contrary to the ordinary course of life, while also requiring intent for conviction to be proven with conclusive evidence. The outcome of the case depends on how concretely the defense is established between these two principles.

This article is for general informational purposes only and does not constitute legal advice for specific cases. The mentioned decisions are based on the texts in their published sources; they should be confirmed from UYAP or official decision databases before being used in a petition or defense.