12 Mar EMBEZZLEMENT & ABUSE OF TRUST- SUPREME COURT DECISION
T.C.
THE DECISION OF THE SUPREME COURT
5. CRIMINAL DEPARTMENT
Base No:2012/12683
Decision No :2014/47
Date :
5. Criminal Department 2012/12683 E. , 2014/47 K.
“text of jurisprudence”
Communiqué No: 15 – 2012/42078
COURT : Uskudar 2. (Istanbul Anatolia 6.) Severe Criminal Court
DATE : 16/11/2009
NUMBER : Based on 2009/319, The Decision of 2009/397
CRIME : Embezzlement
The verdict given by the local court was appealed, and the file was examined;
CMK’s 260/1. according to article 18 of the Law No. 3628, in the face of the fact that the Treasury, which has been damaged by the crime in such a way that it can take the title of participant, has the right to apply to the law and the provision is appealed by the deputy with a petition dated 30/11/2011. article 237/2 of the CMK. after the decision was made to accept the Treasury’s request to participate based on the authority granted by the article, the need was considered:
According to the Decree No. 399 as of the date of the crime, Turkey Electric Communications Comp. the network of Plant 2. The defendant, who is employed in the contracted service staff of the Legal Consultancy Office of the Group Directorate and who actually performs the duty of a case tracking officer in accordance with oral instructions,, the institution is a party for the deduction of fees and expenses and court costs in the Executive Office and talk to their lawyers during an advance by giving the documents to the accounting unit closes the advance amount that goes to their repeated acquisition cost disregarding the chain of actions that creates the crime of embezzlement in the form of simple yanilgili legal evaluation as to the safety of service due to abuse as a result of the acceptance due to the statute of limitations, litigation be decided to eliminate public,
By admission, too;
223/8 of CMK No. 5271 due to the statute of limitations of the public case. making a decision to eliminate it instead of dropping it in accordance with the article,
Contrary to the law, since the appeals of the participating and Treasury deputies have been considered in place as of this date, the provision is 8/1 of the Law No. 5320. according to Article 321 of the CMUK. its DETERIORATION in accordance with the article was decided unanimously on 06/01/2014
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