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Offence · Law 7258 art. 5 · TCK 228

A betting file in Türkiye, and the account that made you a defendant.

Most of the people we see charged under Law 7258 were not running anything. They answered a phone in a call centre, opened an account for someone who paid them for it, or let a transfer pass through a card in their name. The law reaches all of that. This page sets out what the four offences in article 5 actually say, what the sentences are, and where the argument begins.

Form A — police pocket cardTürkçe / English

“Avukatım gelmeden ifade vermeyeceğim ve hiçbir evrak imzalamayacağım.”

I will not give a statement and will not sign any document until my defence lawyer arrives.

CMK m. 147/1-e — susma hakkı · CMK m. 154 — müdafi ile görüşme hakkı

Open the full deck
for the officer
Section 01

Four offences, not one, and they are far apart

The offences sit in article 5 of Law no. 7258, in the form it took in July 2013. Every one of them opens with the same condition: the conduct is punished where it is done without relying on authority conferred by law. Games run under the Spor Toto licensing structure are lawful. Everything outside it is not.

ConductSentence
5/a — operating fixed-odds or mutual betting or games of chance on sports competitions, or providing a place or facility for them to be playedThree to five years' imprisonment and a judicial fine of up to ten thousand days
5/b — providing the means for games operated abroad to be played from Türkiye, by giving access over the internet or by any other routeFour to six years' imprisonment
5/cintermediating in the transfer of money in connection with such betting or gamesThree to five years' imprisonment and a judicial fine of up to five thousand days
5/ç — encouraging people to play, by advertising or otherwiseOne to three years' imprisonment and a judicial fine of up to three thousand days
5/dplayingAdministrative fine of five thousand to twenty thousand lira, imposed by the senior civil administrator of the locality

Read the first four rows again. Only 5/d concerns the person placing a bet, and it is not a criminal offence at all. The criminal paragraphs are aimed at the people around the operation: the site, the access, the money, the marketing.

What a judicial fine of ten thousand days means

Under TCK 52, a judicial fine is a number of days multiplied by a daily amount fixed by the court according to the person's economic and personal circumstances, currently between one hundred and five hundred lira per day. The Code's ordinary ceiling is seven hundred and thirty days — but only where the law provides no different figure, and here it does. The day counts in article 5 are set separately and they are large. The court may allow up to one year to pay, or instalments over no more than two years in no fewer than four parts; an unpaid judicial fine is converted into imprisonment.

Section 02

Gambling is a different article: TCK 228

Betting on sport is Law 7258. Gambling is TCK 228, and prosecutors sometimes charge both out of the same raid.

TCK 228/6 defines gambling for the purposes of the Code: games played for gain in which profit and loss depend on chance. Card games, roulette, slot software and casino-style sites fall inside it; a sports market does not, because the outcome is not purely chance-based. That distinction is doing real work, and it is worth checking which article the file is actually built on.

  • 228/1 — providing a place and facility for gambling: one to three years' imprisonment and a judicial fine of not less than two hundred days.
  • 228/2 — where the place and facility is provided for children to gamble: the sentence is doubled.
  • 228/3 — where the offence is committed through the use of information systems: three to five years' imprisonment and a judicial fine of one thousand to ten thousand days.
  • 228/4 — where it is committed within the activity of an organisation: the sentence is increased by half.
  • 228/5 — security measures specific to legal persons are ordered against companies.

The third and fourth paragraphs were added by decree in August 2017 and adopted by statute in February 2018. An online gambling operation therefore starts at three years, and a finding of organisational activity takes the top of the range to seven and a half.

Section 03

The account: why a transfer is an offence in itself

This is the paragraph that catches foreign nationals who have never seen a betting site.

Article 5/c punishes intermediating in the transfer of money connected with unlicensed betting or games of chance with three to five years' imprisonment and a judicial fine of up to five thousand days. That is the same imprisonment range as running the operation itself. It does not require you to have organised anything, taken a bet, or profited beyond whatever you were paid for the use of the account.

Renting out a bank account is not a minor thing here. People are told it is a favour, a commission, a way of receiving a salary, a friend's cash-flow problem. In the file it becomes article 5/c, and the exposure starts at three years. If money that passed through the account is treated as proceeds, TCK 282 can be added on top: three to seven years and a judicial fine of up to twenty thousand days for concealing the origin of assets derived from an offence carrying six months or more, and two to five years for knowingly acquiring, holding or using them. Where laundering is found to have been committed within the activity of a criminal organisation, that sentence is doubled. Two people using one account for the same purpose can end up in very different positions depending on what they knew and what they can show they knew.

Two provisions matter alongside this. Under TCK 39, a person who merely aids an offence has the sentence reduced by half, with a ceiling of eight years — so whether you are a principal or an aider is not a label but a range. Under TCK 282/6, a person who, before prosecution begins, enables the assets to be recovered or tells the authorities where they are is not punished for the laundering offence. That door closes when the prosecution starts.

Call centre work

Where the allegation is that you worked for the operation — taking calls, handling customer accounts, translating, processing payments — the prosecution is usually built under 5/a or 5/b, sometimes with TCK 228/3, and often with an organisation allegation attached. Under TCK 220, membership of an organisation formed to commit offences carries two to five years' imprisonment on its own, and an organisation requires at least three people and a structure, membership and means capable of committing the intended offences. Whether what the file describes is an organisation or a group of employees is one of the most consequential contested questions in these cases.

Section 04

What the state can do with a betting file

Article 5 does more than set sentences. Four further consequences run alongside the prosecution.

  • Confiscation. Everything allocated to or used in the games, the property forming the subject of the offence, and every asset staked or obtained through the games, is confiscated under the Turkish Penal Code's rules on confiscation of property and of gains.
  • Blocking. The access-blocking provisions of Law no. 5651 apply to these offences.
  • The premises. A workplace where one of these offences was committed is sealed and closed for three months by the senior civil administrator, without any prior warning. Where the business holds an operating licence, the licence-issuing authority cancels it within five working days of being notified.
  • Legal persons. Security measures specific to legal persons are ordered against companies involved.

The investigative powers attached to these offences

A paragraph added in 2017 makes the following measures available for the offences in 5/a, 5/b, 5/c and 5/ç, and for TCK 228/3 and 228/4:

  • CMK 128 — seizure of immovable property, rights and receivables, which expressly includes any kind of account at a bank or other financial institution, shareholdings and safe deposit contents.
  • CMK 135 — detection, interception and recording of communications.
  • CMK 139 — appointment of an undercover investigator, and the article says this applies whether or not the offence was committed within the activity of an organisation.
  • CMK 140 — surveillance by technical means.
This is why the file is usually older than the arrest. Interception and technical surveillance run for months before anyone is detained. By the time a person gives a first statement, the prosecutor already holds call records, transcripts, account movements and, in some files, the account of an undercover investigator. A statement given without counsel is not being measured against nothing. It is being measured against material the person giving it has not seen.

One further feature is specific to this Law. The Spor Toto Teşkilat Başkanlığı may apply directly to the public prosecutor where it finds evidence of these offences; it is served with any decision not to prosecute and may object to it; and where a case is brought, the court serves it with a copy of the indictment and, on application, it is admitted to the case as an intervener. There is an institutional party in the courtroom with its own interest in a conviction.

Section 05

Where a defence starts

Nothing below is a strategy. A strategy comes from a specific file. These are the questions that decide these cases.

  • Which paragraph. The gap between 5/ç and 5/b is three years at the bottom of the range. Whether conduct is operating, providing means, transferring money or promoting is a question of fact, and the indictment's choice of paragraph is not binding on the court.
  • Knowledge. Under TCK 30/1, a person who does not know the material elements of the offence as legally defined has not acted intentionally. These offences have no negligent form. What you were told the account was for, what the job was advertised as, and what you were shown, are the case.
  • Principal or aider. TCK 39 halves the sentence for aiding, with an eight-year cap.
  • Repetition. Where the same offence is committed more than once on a single decision to offend, TCK 43 produces one sentence increased by one quarter to three quarters — rather than separate sentences for each transfer or each shift worked. Which structure the court adopts changes the total substantially.
  • Organisation, or not. TCK 220 requires three or more people and a structure. Employment is not membership.
  • The lawfulness of the evidence. Interception, technical surveillance and undercover work all rest on specific judicial authorisations with conditions. Those authorisations are examined, not assumed.

Where the sentence can go after conviction

Two provisions matter, and both have the same threshold. Under TCK 51, a sentence of two years or less may be suspended, subject to the person not having been sentenced previously to more than three months for an intentional offence. Under CMK 231 as amended in July 2026, where the sentence imposed is two years or less, announcement of the judgment may be deferred; that brings a five-year supervision period, and a sentence whose announcement is deferred cannot be suspended or converted into alternative sanctions.

Both thresholds sit below the starting point of 5/a, 5/b, 5/c and TCK 228/3. They become reachable only through the reductions in the Code, and only in some files. That is the honest position, and it is the reason the work is done at the characterisation stage rather than at sentencing.

What this page cannot tell you

It cannot tell you what will happen in your case. It cannot tell you whether the court will treat a set of transfers as one chained offence or many, whether your file will carry an organisation allegation, or what a particular court will do with a particular set of facts. Anyone who tells you those things from a description over the phone is guessing. What can be established quickly, and what actually changes outcomes, is which paragraph the file is built on, what the evidence consists of, and what has already been said.

Section 06

What is different because you are a foreign national

The first twenty-four hours. Under CMK 91, custody may not exceed twenty-four hours from the moment of arrest, excluding the time strictly necessary to bring the person before the nearest judge, which cannot itself exceed twelve hours. Where the offence was committed collectively, the prosecutor may extend custody in writing by up to three days, one day at a time. Betting files are frequently treated as collective.

An interpreter is a right, not a courtesy. Under CMK 202, where a defendant or victim does not know Turkish well enough to express themselves, the essential points of the accusation and the defence are translated by a court-appointed interpreter. This applies at the investigation stage too, to suspects, victims and witnesses, with the interpreter appointed by the judge or prosecutor. Separately, a defendant may give oral defence in another language they say they can express themselves in better, at the reading of the indictment and after the final opinion — but the cost of that interpreter is not met by the State.

Remand. These offences are not in the CMK 100/3 catalogue, so no ground for detention is presumed. A prosecutor must show concrete facts under CMK 100/2 — flight, or interference with evidence or witnesses. In practice the absence of a settled address, an expiring residence permit and a passport are used to build the flight argument, so the answer to it has to be built the same way: address, family, employment, sureties, surrendered passport. The alternative is judicial control under CMK 109, whose first listed obligation is not leaving the country.

How long remand can last. Because the maximum sentence in article 5 is six years and ağır ceza jurisdiction begins above ten years, these cases go to the asliye ceza mahkemesi. Under CMK 102/1, remand in cases outside ağır ceza jurisdiction is a maximum of one year, extendable by six months with reasons; at the investigation stage alone CMK 102/4 caps it at six months — but where the offence is treated as one committed collectively, the same paragraph raises that ceiling to one year and six months, extendable by a further six months with stated reasons. Betting files are frequently opened as collectively committed offences, so this is the figure that usually governs.

The travel ban outlives the hearing. A judicial control order barring departure continues until it is lifted. People are released, believe the matter is over, and discover at the airport that it is not.

Immigration. Under Law no. 6458, article 54, a deportation decision is taken — the wording is mandatory — in respect of, among others, foreigners assessed as constituting a threat to public order or public security, those who have earned their living by illegitimate means while in Türkiye, and those found to have worked without a work permit. That last ground catches call-centre staff independently of the criminal outcome. Article 54 also covers those in respect of whom deportation is considered necessary under TCK 59, which requires that a foreigner sentenced to imprisonment be reported to the Ministry of the Interior immediately once conditional release or supervised execution is ordered, and in any event once the sentence has been served.

Consular notification. Under CMK 95/2, where the person apprehended or taken into custody is a foreign national, the consulate of the state of which he is a national is notified unless he objects in writing. It is a default, not a request you have to make. The consulate will not provide a lawyer or pay for one, and it will not intervene in the case. What it can do is confirm where you are, which is often the only thing your family needs on day one.

The administrative fine, if you were only playing. An article 5/d fine is a kabahat, not a conviction, and it does not create a criminal record. Under the Law on Misdemeanours it is challenged before the sulh ceza judge within fifteen days of notification; miss that and the decision becomes final. The figure in the Law is increased each calendar year by the official revaluation rate, so the amount demanded will be higher than the five to twenty thousand lira printed in the text. Paying within the payment period attracts a twenty-five per cent reduction, and payment does not affect the right to challenge the decision.

Section 07

Questions we are asked most

I only let someone use my bank account. Is that really a criminal offence?
Yes. Article 5/c punishes intermediating in the transfer of money connected with unlicensed betting with three to five years' imprisonment and a judicial fine of up to five thousand days — the same imprisonment range as running the operation. Whether you knew what the account was for is the central question, and it is answered with messages, payment records and the account of how you were recruited, not with an assertion.
I placed bets on a foreign site. Will I be prosecuted?
Playing is dealt with in article 5/d as an administrative fine imposed by the senior civil administrator, not as a criminal offence. Providing the means for a foreign-operated site to be played from Türkiye is a different matter and carries four to six years under 5/b. Which of the two your file describes is the first thing to establish.
I worked in the call centre but I never touched the betting system.
That is a defence to some paragraphs and not to others, and it is a defence about knowledge and role rather than about job title. What the position was advertised as, what you were trained to do, what systems you had access to, and what you were paid and how, are the material. Under TCK 39 an aider's sentence is halved with an eight-year ceiling, so the principal-or-aider question is worth several years on its own.
My account has been frozen and I have not been charged with anything.
CMK 128 is expressly available for these offences, and it permits seizure of any kind of account at a bank or financial institution. Seizure is possible even where the asset is held by someone other than the suspect. Do not move whatever remains; establish first what order the freeze was made under.
If I am convicted, will I be deported?
Deportation is decided under immigration law, separately from the criminal court. Article 54 of Law 6458 provides that a decision is taken in respect of foreigners assessed as a threat to public order or public security, those who earned a living by illegitimate means, and those who worked without a work permit — and TCK 59 requires that a foreigner sentenced to imprisonment be reported to the Ministry of the Interior. The immigration consequence therefore has to be addressed as its own case, not assumed to follow the verdict.
Sources

Legislation this page relies on

  • Law no. 7258, article 5 (as amended 12 July 2013 by Law no. 6495) — The opening condition that the conduct be carried out without authority conferred by law; three to five years and up to ten thousand days for operating games or providing a place or facility (5/a); four to six years for enabling games run abroad to be played from Türkiye by internet or other access (5/b); three to five years and up to five thousand days for intermediating in the transfer of money (5/c); one to three years and up to three thousand days for encouraging play by advertising or otherwise (5/ç); an administrative fine of five thousand to twenty thousand lira imposed on players by the senior civil administrator (5/d); confiscation of property used in or derived from the games; security measures for legal persons; application of the access-blocking provisions of Law no. 5651; sealing of the workplace for three months without warning and cancellation of the operating licence within five working days; the availability of CMK 128, 135, 139 and 140 for 5/a to 5/ç and TCK 228/3 and 228/4, with undercover investigators available whether or not an organisation is involved; and the Spor Toto Teşkilat Başkanlığı's right to apply directly to the prosecutor, to object to a decision not to prosecute, and to be admitted as an intervener.
  • TCK 228 (Law no. 5237) — One to three years' imprisonment and a judicial fine of not less than two hundred days for providing a place and facility for gambling; doubling where the facility is provided for children; three to five years and a judicial fine of one thousand to ten thousand days where the offence is committed through the use of information systems; an increase by half where it is committed within the activity of an organisation; security measures for legal persons; and the definition of gambling as games played for gain in which profit and loss depend on chance.
  • TCK 39 · 43 · 51 · 52 · 59 · 220 · 282 — Halving of sentence for aiding with an eight-year ceiling; the one-quarter to three-quarters increase for a chained offence; suspension where the sentence is two years or less; the calculation of judicial fines by day count and a daily amount of one hundred to five hundred lira, with instalments and conversion on non-payment; notification of a sentenced foreigner to the Ministry of the Interior; five to ten years for forming or directing a criminal organisation and two to five years for membership, with a minimum of three members; and money laundering at three to seven years with up to twenty thousand days, two to five years for knowingly acquiring or using, doubling within an organisation, and no punishment where recovery is enabled before prosecution begins.
  • CMK 91 · 95 · 100 · 102 · 109 · 128 · 202 (Law no. 5271); Law no. 6458 art. 54; Law no. 5326 art. 17 and 27 — The twenty-four hour custody limit with a twelve-hour transport allowance and extension by up to three days for collectively committed offences; consular notification to the state of which the person is a national unless he objects in writing; the requirement of concrete grounds for remand and the absence of these offences from the presumption catalogue; a one-year remand ceiling extendable by six months outside ağır ceza jurisdiction, with six months at the investigation stage, raised for collectively committed offences to one year and six months extendable by a further six months with stated reasons; judicial control including the bar on leaving the country; seizure of accounts, rights and receivables including where held by another person; the right to a court-appointed interpreter at investigation and trial and the unfunded right to defend in a chosen language; the grounds on which a deportation decision is taken, including public order or security, illegitimate livelihood and working without a work permit; and the annual revaluation of administrative fines, the twenty-five per cent reduction for payment within the period, the preservation of the right to challenge despite payment, and the fifteen-day period to apply to the sulh ceza judge.

Read against the consolidated text published by mevzuat.gov.tr on 29 August 2026. Turkish legislation is amended frequently and monetary penalties are revalued; where a figure decides something for you, it should be read from the decision served on you rather than from this page.

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