How Is the 'Offense Date' Determined in Intermediating Illegal Betting Money? The Critical Detail Affecting the Statute of Limitations

Illegal betting files have become one of the most frequently encountered matters in Turkish criminal proceedings in recent years. In most of these files, defendants find themselves making statements such as "I let someone else use my bank account" or "money was deposited into my account and I later tried to withdraw it." Yet in files of this kind there is a critical technical detail that is often overlooked and directly affects the course of the case: exactly which day counts as the date of the offense.

The offense date is the fundamental element that determines the statute-of-limitations calculation, the applicable statutory provision, and in some situations even which court will hear the case. In this article, we examine, in light of current court rulings, how the offense date is determined in the crime of "intermediating betting money" under Law No. 7258.

Why Does This Matter?

Most people facing an accusation of intermediating betting money transfers assume their accounts were used long ago and for a single, one-off transaction. When the bank account records are examined, however, it may turn out that the transactions were spread over a period of months. In that case, the answer to the question "when was the offense committed" sits at the very center of the defense strategy and the statute-of-limitations calculation.

Summary of the Situation (A General Scenario)

In a typical scenario, an amount alleged to be betting money is deposited into a person's bank account on a certain date. Months later, when the account holder tries to withdraw this money, it draws the attention of the bank or the relevant authorities, and a suspension/review decision is issued regarding the transaction. Two different dates stand out in the investigation file: the date the money entered the account, and the date the account holder attempted to withdraw it. Which date is deemed the "offense date" directly affects the course of the case.

The Point of Legal Dispute

Article 5/1-c of Law No. 7258 criminalizes intermediating the transfer of money in connection with betting and games of chance based on sports competitions. However, the text of the law does not expressly state which precise moment counts as the offense date in such "continuing" transactions. This gap has been filled by judicial precedent.

What Do the Court of Cassation and the Regional Courts of Appeal Say?

The rulings on the subject consistently adopt the "date of the last transaction" criterion:

• Adana Regional Court of Appeal 17th Criminal Chamber (T. 2023, E. 2022/1632, K. 2023/832): It expressly stated that the offense date must be accepted as the date of the last money transfer in which the defendant intermediated in connection with betting, as ascertainable from the bank account records.
• Konya Regional Court of Appeal 5th Criminal Chamber (T. 2023, E. 2023/544, K. 2023/1198): It emphasized that the offense date must be determined "according to the last transaction carried out," and found it unlawful to treat the date of the report (denunciation) as the offense date.
• Yargıtay (Court of Cassation) 8th Criminal Chamber (T. 2023, E. 2021/18703, K. 2023/7850): It stated that the transaction dates in the bank account records established by expert report are decisive, and that the offense covers a process extending from the beginning up to the date of the last transaction.
• Yargıtay (Court of Cassation) 7th Criminal Chamber (T. 2023, E. 2021/24130, K. 2023/10070): It stated that the intensive deposit-and-withdrawal activity in the accounts constitutes the material element of the offense, and that the time span in which those transactions took place must be assessed as the period during which the offense was committed.

Taken together, these precedents yield the following general principle: the offense date is determined not by a single transaction moment, but by looking at the account activity as a whole and, in particular, the last transaction. As much as the date the money entered the account, the date of a subsequent withdrawal attempt or of the related official finding/suspension decision may also be significant.

Points to Watch Out For

• Obtain a full statement of all account activity. Not only the first incoming payment but all subsequent movements (including withdrawal attempts) play a role in determining the offense date.
• Calculate the statute of limitations accordingly. If the offense date is accepted as a later date, the limitation period also starts running from that date; this can work both for and against the defense.
• Use your right to object to the expert examination. Since interpreting account activity is a technical matter, submitting a reasoned objection to the date findings in the expert report is of great importance.
• Do not confuse the "report date" with the "offense date." Court rulings specifically emphasize that the date on which an offense was reported cannot automatically be deemed the offense date.
• Pay attention to the concept of a continuing offense. The fact that the offense extends over a process rather than a single moment can produce consequences both in your favor and against you; the file must therefore be assessed as a whole.

Conclusion: What Should You Do?

For those facing an accusation of intermediating betting money, the most critical step is to obtain a complete statement of the account activity and to correctly determine which date counts as the "last transaction." The offense date is not merely a theoretical detail; it is an element that determines concrete outcomes such as the statute of limitations, applicable sentence reductions, and even what stage the proceedings are at.

• Review your bank account statements and any suspension/finding decisions together with a lawyer.
• Carefully check the date findings in the expert report and object where necessary.
• Assess with a criminal lawyer, based on the concrete data in your file, whether the offense date can be interpreted in your favor or against you.