The new judicial package sees the victim, but fails to see the human

With the 11th Judicial Package, a new touch is coming to fraud cases. I wrote on July 5, 2025: ''The crime of allowing the use of/renting a bank account'' (see https://12punto.com.tr/yazarlar/cenk-ozdag/banka-hesabini-kullandirmakiralama-sucu-92323) 

I had said the following: 

''Fraud cases have reached terrifying proportions. It is almost impossible to calculate the actual number of victims of this crime. People are being defrauded. Citizens are terrorized by the fear of being defrauded. There are many types of fraud, from the simplest to the most sophisticated. 

No matter how varied they are, in most of the fraud cases we encounter, the victim transfers money to a third party's IBAN. The owner of this IBAN is either unaware of the fraudulent act or it is impossible to prove that they were aware. Consequently, the real perpetrators cannot be reached. The person who allowed their IBAN to be used and the victim come face to face. At this exact point, it is possible to seek a refund of the money through private law on the grounds of unjust gain or unjust enrichment. However, since there is not much in the accounts of the people whose IBANs are used, the victim returns empty-handed from here as well.''

I had asked what should be done. My answer was as follows: ''First of all, a specific crime and penalty should be determined regarding the use of bank accounts. As is known, due to the principle of legality in crimes and penalties, citizens cannot be investigated or prosecuted, nor can any penalty be executed, based on a crime or penalty not regulated by law.'' 

Reason has prevailed on this issue. A new regulation is coming: ''According to the proposal, giving payment instruments or account information to others will be regulated as a separate crime in the Turkish Penal Code (TCK). Those who give payment instruments such as bank or credit cards belonging to themselves or others, or mandatory information or tools that allow the use of an account held with payment service providers or crypto asset service providers, to others for the purpose of providing an unfair benefit to themselves or others, will be sentenced to imprisonment from 1 to 3 years, provided that the act does not constitute another crime requiring a heavier penalty.'' (https://www.aa.com.tr/tr/gundem/haksiz-menfaat-icin-hesap-bilgilerini-baskalarina-vermek-suc-sayilacak/3706383) 

While taking a good step that will please fraud victims, an application that crushes the human, that crushes the human's existence, identity, and personality is also coming: A prison sentence of 1 to 3 years is foreseen for those who “engage in attitudes and behaviors contrary to the innate biological sex and general morality, or who publicly encourage, praise, or incite such engagement.” 

Expressions such as “encouraging,” “praising,” or “inciting” to engage in such behavior are expressions open to violating the principle of legality in crimes and penalties, and the principle of proportionality. For example, could someone who does not act in accordance with their own “innate” biological sex be interpreted as praising or inciting such attitudes and behaviors through their very existence? If we know my country, the practitioners, the informants, and the complainants, it is certain that it will be interpreted this way. Then what is the goal? Is it to fight against biology and gender? 

After all that feverish work, is this all that came out? Will we ensure trust in justice in Turkey by beating a scapegoat morning and night? May God grant wisdom.