FAQ · Research

Our company has been defrauded; should we pursue the criminal route or the compensation route?

In most fraud matters this is not an either/or. The two routes work better together and in step. The criminal route rests on the offence of fraud in the Turkish Criminal Code (No. 5237); th…

Updated · July 20261 min readCategory · Research
Short answer

In most fraud matters this is not an either/or. The two routes work better together and in step. The criminal route rests on the offence of fraud in the Turkish Criminal Code (No. 5237); the prosecutor’s investigation makes evidence easier to reach and puts real pressure on the other side. The civil route aims at actually recovering your loss, through a dam…

In most fraud matters this is not an either/or. The two routes work better together and in step. The criminal route rests on the offence of fraud in the Turkish Criminal Code (No. 5237); the prosecutor’s investigation makes evidence easier to reach and puts real pressure on the other side. The civil route aims at actually recovering your loss, through a damages claim under the tort provisions of the Turkish Code of Obligations (No. 6098) and the instruments of the Enforcement and Bankruptcy Law; obtaining a preliminary attachment or an injunction early stops assets being moved out of reach.

What decides the outcome is the order and the timing. A process started before the assets are secured, for instance, can weaken the recovery. We build the right combination, and the right sequence of steps, around the evidence in your file, the amount at stake and what the other side actually owns.

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