What is Usury?
Usury is the act of lending money to individuals in exchange for interest with the aim of making a profit.
The Crime of Usury
The crime of usury is regulated under Article 241 in the Ninth Chapter of the Turkish Penal Code No. 5237, titled “Crimes Related to Economy, Industry, and Trade.” According to Article 241 of the law:
“A person who lends money to another for the purpose of making a profit shall be punished with imprisonment from two to six years and a judicial fine ranging from five hundred to five thousand days.”
Aggravated Circumstances
According to Article 241/2 of the Turkish Penal Code, “If the crime is committed within the framework of the activities of an organization, the imposed penalty shall be increased by one fold.”
Is the Crime of Usury Subject to a Complaint?
The investigation or prosecution of the crime of usury is not subject to a complaint and is pursued ex officio.
Is the Crime of Usury Subject to Mediation?
The crime of usury is not subject to mediation.
Statute of Limitations
Since the crime of usury is not subject to a complaint, it falls under the general statute of limitations, which is 8 years.
Suspension of Sentence
According to Article 51 of the Turkish Penal Code, “The sentence of a person convicted to imprisonment for two years or less for the crime they committed may be postponed.” Therefore, if the sentence for the relevant crime is at the lower limit, a suspension of the sentence may be granted.
Judicial Fine
The penalty for the crime of usury is regulated as imprisonment from two to six years and a judicial fine ranging from five hundred to five thousand days. Since imprisonment and judicial fines are prescribed together, it is not possible to convert the relevant prison sentence into a judicial fine.
Postponement of the Announcement of the Verdict (HAGB)
If a prison sentence at the lower limit—two years—is imposed for the relevant crime, the announcement of the verdict may be postponed. In order for a HAGB decision to be granted;
- The defendant must not have a prior conviction for an intentional crime.
- The court must be convinced, taking into account the defendant’s personality traits and behavior during the trial, that they are unlikely to commit another crime.
- Any damage caused to the victim or the public by the commission of the crime must be fully remedied, either by restitution, restoration to the previous state, or compensation.
Precedent Decisions
“In light of the understanding that the defendants conducted usury in a chain-like manner by withdrawing money via credit card transactions from POS devices at their workplaces, keeping a portion of the withdrawn amount as commission, and giving the remaining money to the card users, with the aim of making a profit under interest or any other pretext, the appeal objections were rejected.”
(Court of Cassation, 5th Criminal Chamber, Case No: 2012/11217 E., 2013/325 K., 14.01.2013)
“In the statements given by the complainant M. K. during the hearing and to the tax inspector, it was stated that he borrowed 35,000 TL from the defendant in 2007 and 25,000 TL in 2008 in exchange for a monthly interest rate of 10%, and in return he provided one promissory note and two checks, and although he repaid his debt with interest, he was subjected to enforcement proceedings. In the defendant’s defense during the hearing, he stated that he lent 60,000 TL to the complainant, who was his friend, by using his own credit cards on the POS device, and in return he received a promissory note worth 35,000 TL and two checks worth 25,000 TL; the checks were dishonored, and when the promissory note was not paid, enforcement proceedings were initiated. In the statement taken by the Public Prosecutor’s Office on 17/06/2010, the complainant also declared that he gave cash to the defendant in addition to using his own credit card. According to the simple report dated 16/10/2010, numbered 2010/1800-29, the total amount of transactions conducted on the complainant’s POS device with the defendant’s two credit cards in 2007, 2008, and 2009 without any goods or services being provided was 442,670.95 TL, and the total amount returned by the complainant via EFT and wire transfer was 330,558.50 TL, noting that no interest income was earned. In the subsequent tax technical report dated 30/05/2012, numbered 2012-A-2203/18, it was accepted that a loan of 60,000 TL was given to the complainant, without mentioning the POS transactions, and that the complainant made a total payment of 228,374.50 TL to the defendant via EFT and wire transfer, with the difference being considered interest income. Additionally, it was understood that the defendant earned interest income from individuals named C. S., S. B., H. U., T. B., M. B., S. N. A., and F. K.”
“First, a detailed statement should be taken from the complainant M. K. regarding whether he borrowed money by allowing the defendant to use his credit cards on his own POS device, and whether he received any cash loans in person, and whether interest was agreed upon at the time of borrowing. The addresses of the witnesses T. A. and H. G., reported by the complainant’s attorney, should be determined, and their knowledge and observations about the incident should be obtained. It should be investigated whether a case has been filed against the defendant for actions involving the other individuals mentioned in the tax technical report, and if a case has been filed but no decision has been made, the files should be consolidated and the evidence evaluated together. It should be verified with the relevant enforcement office whether the complainant made any payments in the enforcement files numbered 2009/8309 and 2010/2778. Subsequently, the file should be submitted to a certified public accountant expert to report on whether the defendant earned interest income from the loans he provided. Considering that the crime of usury is completed by lending money to another person for the purpose of making a profit, and that whether the interest or principal is repaid does not affect the formation of the crime, all these matters should be considered and evaluated as a whole to determine and assess the defendant’s legal situation. Failing to do so and issuing an acquittal based on an incomplete investigation is contrary to the law.”
(Court of Cassation, 5th Criminal Chamber, Case No: 2012/15663 E., 2014/5151 K., 08.05.2014)
“For the crime of usury defined in Article 241 of the Turkish Penal Code to occur, it is sufficient that money is lent to another person with the aim of making a profit. Furthermore, it is not required as an element of the crime that money is systematically lent to multiple people in exchange for interest. Considering the economic conditions of the day, lending a substantial amount of money without repayment between individuals who are not closely related or in a business relationship is not consistent with the ordinary course of life. Taking into account the statements of the complainants …, …, … and the witnesses, it is evident that the defendant committed the crime of usury by lending money for the purpose of making a profit. Therefore, instead of convicting the defendant, relying on defenses that are inconsistent with the ordinary course of life and the facts of the case, and issuing an acquittal based on a misjudgment and insufficient reasoning, is contrary to the law.”
(Court of Cassation, 9th Criminal Chamber, Case No: 2020/3423 E., 2021/2036 K., 07.04.2021)
Lawyer. Gökhan AKGÜL & Lawyer. Züleyha APAYDIN
Usury and Antalya Lawyer Support
Usury and Antalya Lawyer Support
Usury is a serious crime that violates the rights of victims through high-interest lending and illegal debt collection methods. If you have fallen victim to usury, it is crucial to seek support from an experienced Antalya lawyer to protect your rights and manage the legal process correctly. A specialized lawyer provides professional guidance in collecting evidence related to the crime of usury, filing complaints, and following up on court proceedings. This way, you can prevent loss of rights and ensure legal protection. If you are looking for a usury lawyer in Antalya, our reliable and experienced legal team is at your service. You can contact us through the contact section to schedule an appointment or consultation.
