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Tarih
2023Yazar
Aydoğan, Deniz
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Deception has a wide usage area in legal science. In the field of private law, it appears as
a state of “invalidity of will power” that frees the deceived party from commitment to the
contract and causes compensation for the person performing it, and in the scope of
criminal law, it appears as a necessary element for the formation of the basic or qualified
form of many crimes regulated in the Turkish Penal Code and some other laws.
Although deception is considered to have a special importance in terms of criminal law,
since it contains a very wide set of behaviors and constitutes an element of the crime that
protects many different legal values, the law does not include any definitions or
explanations for the concept. With this aspect, deception is accepted as a concept that
develops around doctrine and practice. However, even today, no concrete solution has
been reached regarding exactly what should be understood from the concept of deception
in criminal law, whether the meaning of the concept and the scope it contains are different
from those in private law, if it is different, how to make a distinction in this direction.
In this study, the issue of deception in criminal law has been discussed. Firstly, the
concepts of deception and fraudulent behavior in general and the relationship of deception
with similar concepts were examined. Then, the historical evolution of deception and its
current regulations in which the concept is included were examined. In addition, judicial
deception and deception in private law are discussed. Afterwards, the distinction between
deception in private law and deception in criminal and the issue at which stage the lie will
turn into criminal deception are examined. Finally, deception in Turkish criminal law and
crimes that involves deception as an element are discussed.