KÜHEYLAN HUKUK
Summary: Allowing someone else to use a bank account or IBAN information is not an independent crime on its own; however, if the account is used by criminal networks, the account holder is tried as a perpetrator or accomplice of the crime of qualified fraud under Article 158, first paragraph, subparagraph (f) of the Turkish Penal Code and faces imprisonment for 4 to 10 years. The 12th Judicial Package, adopted in 2026, introduced a 50% reduction in punishment for individuals who merely provide their account information to third parties without intent to commit fraud.
Why is the defense "I only gave my IBAN" insufficient?
Sharing IBAN information at a friend's request or for a small commission may seem like an insignificant gesture to many. However, the moment fraud or money laundering is carried out through this account, the account holder may find themselves as a defendant in a high criminal court. Judicial authorities do not accept the defense "I trusted my friend" as a justification on its own.
This guide addresses which crimes may constitute IBAN usage, the penal reduction regulation that came into force in 2026, and how to lift a placed block on an account.
Is Allowing Someone Else to Use a Bank Account a Crime?
Simply giving IBAN information to someone does not constitute a crime on its own. However, when illegal betting, qualified fraud, or money laundering activities are carried out through this account, the account holder becomes central to high criminal proceedings. Three separate legal provisions may come into play:
Qualified fraud (TCK Art. 158/1-f): This is fraud committed by using banks and credit institutions as tools. Criminal organizations transfer money obtained from victims not to their own accounts but to rented "custody" accounts. According to the established jurisprudence of the Supreme Court, a person who gives their account to another must foresee that this account may be used in a crime and is considered to have participated in the crime with possible intent. The penalty is 4 to 10 years of imprisonment. Identity concealment (Law No. 5549 Art. 15): A person who allows another to use an account opened in their own name and fails to notify the bank is punished with imprisonment from 6 months to 1 year or a judicial fine. Money laundering of criminal proceeds (TCK Art. 282): Those who mediate transfers knowing or ought to have known that the source of the money in the account is illegal are prosecuted with imprisonment from 3 to 7 years.
12. What Does the Judicial Package Bring?
A significant legal development occurred in 2026 for the group known as "IBAN victims" in the public, exceeding 50,000 people, the majority of whom are students and citizens with low financial literacy. The 12th Judicial Package, submitted to the Grand National Assembly of Turkey Presidency on June 22, 2026, and accepted by the Justice Commission of the Grand National Assembly of Turkey on June 25, 2026, aims to change the balance of punishment in this area.
In the current practice, the main swindler who personally commits the deception and the person who only provides their account out of goodwill or for a small commission received the same penalty (at least 4 years of imprisonment). With the new regulation, in accordance with the fourth paragraph added to Article 158 of the Turkish Penal Code, the penalty for individuals who are unaware of the fraud mechanism, are not involved in the planning stage of the crime, and whose actual contribution is limited to making their account or card information available to third parties, is reduced by half.
A temporary regulation has also been introduced for convicts whose cases have become final or are in the execution phase: if the damage to the victim is fully compensated within 6 months from the notice to be given by the court, the way for their retrial may be opened, and they may be released by benefiting from the repentance reduction to the maximum extent.
Payment of damages in prosecution (effective repentance, 1/2) 2 years imprisonment 1 year imprisonment
Good conduct reduction (TCK Art. 62, 1/6) 1 year 8 months imprisonment 10 months imprisonment (not imprisoned with HAGB)
The first concrete sanction faced by a person who allows another to use their IBAN is the sudden blocking of their bank accounts. This block can have two different sources: The Financial Crimes Investigation Board (MASAK) imposes a temporary block under Law No. 5549 when it detects unusually rapid money movement in an account; upon a victim's complaint, the Public Prosecutor's Office may request a block decision under Article 128 of the Criminal Procedure Code to seize money obtained from a crime.
To lift the block, the authority that placed the block (which courthouse or prosecutor's office file number) must first be learned from the bank. Then, a written defense petition must be submitted to the relevant investigation file; it should be presented that the person has no ties to a criminal organization, who used the account and under what pretext, and misleading messages, if any, should be presented as evidence.
I trusted a friend and gave them my IBAN, will I go to jail? If the account is used for fraud or betting purposes, the risk of receiving a penalty is high; the defense "I trusted my friend" is not considered sufficient on its own. However, if it is proven with message records and concrete evidence that there was no intent to commit fraud, the penalty amount can be reduced to a level that will not result in imprisonment by benefiting from the reductions in the 12th Judicial Package.
If I repay the victim, will the case be dropped? Qualified fraud is not a crime contingent on a complaint, so repayment of the damage alone does not drop the case. However, full compensation of the victim's damage triggers effective repentance provisions and provides a significant reduction in punishment up to half; when combined with the reduction in the new judicial package, the penalty can be converted to a judicial fine or suspended.
Can the IBAN rental penalty be suspended? In the old system, the lower limit was 4 years, so suspension or deferral of the announcement of the verdict was not possible. With the 12th Judicial Package, since the lower limit of the penalty can effectively be reduced and if effective repentance is applied, the penalty can fall below 2 years, a decision for the deferral of the announcement of the verdict can be given, or the penalty can be suspended.
Ignoring the block notification: Not seeking legal support immediately when an account is blocked can lead to the process moving from an administrative stage directly to a public lawsuit.
Defense without evidence: Abstract statements such as "I didn't know" are not sufficient; presenting message records and concrete documents indicating deception is a prerequisite for benefiting from the reduction. Conclusion
Unjust blocks placed on bank accounts and heavy criminal cases opened due to IBAN usage are liable to cause irretrievable loss of rights. In these processes requiring mastery of the current legislation of 2026 and the 12th Judicial Package, the correct application of favorable penalty reduction articles determines the course of the case.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general informational purposes and do not constitute legal advice. Since the unique conditions of each case may change the outcome, it is recommended to seek legal support from a criminal lawyer from the investigation stage onwards. © 2026 Küheylan Law Firm. All Rights Reserved.
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