26 Jul Situation Where Lawyers Do Not Hand Over The Money They Collect or Receive To Their Client, Who Owns The Business, and Acquire The Property For Himself
Supreme Court Republic Of Turkey
5.Criminal Division
Basis: 2015/11443
Decision: 2016/352
Decision Date: 14.01.2016
CRIME OF ABUSE OF TRUST DUE TO SERVICE – FAILURE TO HAND OVER THE MONEY COLLECTED OR DELIVERED BY LAWYERS TO THE CLIENT OF THE BUSINESS OWNER AND ACQUISITION OF PROPERTY – FAILURE TO MAKE AN ACQUITTAL DECISION ON INCOMPLETE EXAMINATION AND INSUFFICIENT GROUNDS – VIOLATION OF THE PROVISION
SUMMARY: the accused by lawyers sent a cease and desist letter to participate were taken into consideration and the date of the complaint, and the lawyers have the powers and duties after the date of 01/01/2009, due to the business owner is not charged or received money and goods delivered to the client in the form of the acquisition of the crime of embezzlement of actions that would constitute the crime of abuse of office, apartment resident with the application of punishment is one of the conditions in terms of the objective concept of victimhood, which has a broader meaning that the concept of individual economic loss, social, political, the violation of civil rights movements cause injury being caused by any of the issues that should be considered as well, after considering the determination of the legal status of the defendants and appreciation instead of separate crimes is missing and thrown their decision to review the acquittal of isabetsiz on insufficient grounds.
(1136 P. K. m. 34, 166, 171) (5271 P. K. m. 223)
Case and decision: the provisions given by The Local Court were appealed and the file was examined and considered necessary:
File review; 22/10/2004 days and 0023863 days of Notary Public Office for the purpose of collecting the receivables of the participant, which are subject to the execution files of the Executive Directorate 2004/5275 and 5762 no.lu in this context, both defendants are duly authorized and responsible for the collection of receivables of the participant in the execution follow-up files subject to trial., in contrast, the accused lawyers are the debtors of the follow-up files without the knowledge and instructions of the participant …’a…registered in the deed in the neighborhood of 2872 Islands 19 parcels and 28931 islands 3 parcels are listed in the Land Registry of real estate because of the execution files to remove the foreclosures, additionally, the following files due to owe’skin externally collected by hand 15.000 TL creditor to participate they did not give the alleged misconduct and abuse of trust and responsibility they held that crimes be punished because of public demand for the service separately opening the case, the defendants denied the accusations thrown in the phase of the defence, witness statements received …’s £ 15,000 in real estate foreclosures a shareholder in exchange for property records for the removal of two files because you made a deal with the defendant imposed … , in this context, the money, the other defendant, lawyer, was delivered by hand at the door of the Executive Office, then the defendant’s lawyer foreclosures removed, participating in …’s the glory of the defendant charged from the borrower itself does not 15.000 TL if, on the debtor’s immovable property without the consent of foreclosures if you removed the files except for the executive in question, the defendant followed the lawyers declared the file exists, one of the Defendants …’s money order in the petition dated 15/07/2013, …’s Executive Directorate of creditors with other clients 2004/5418-5793-6027 Main numbered to the files itself is approximately £ 15,000, paid the relevant files in the files of continuing these payments, the debtor makes a partial payment, reporting all the rights, and when a promise to pay the rest when you sell real estate from foreclosure on real estate that have agreed to remove themselves, she won’t have to pay to participate in the rest of the law of 166. it is clearly regulated in the article, the other defendant has made every transaction in accordance with the law and in accordance with his instructions, and he has reported the numbers of the Enforcement, Legal and criminal files that they follow on behalf of his client, who participated in the petition, joy from the defendants has given both enforcement files 05/07/2011 with a request for the removal of foreclosures placed on real estate registered in the name of the debtor … on this request … the Land Registry Office 07/07/2011, 22593 and 22852 no.lu 2872 Island 19 parcel with 28931 Island 3 parcel numbered real estate with articles on execution foreclosure abandonment process was made … the execution Directorate was notified, participating … by … Notary 14/09/2011 date and 15952 yevmiye no.lu on the same date, the defendant’s lawyers were dismissed by applying to both enforcement files., except for the knowledge and consent of the registered immovable property on behalf of the borrower, stating that on foreclosures was removed in accordance with the request of the request to place a lien on immovable property by the executive bureau and moved to the Land Registry Office No. 3 written by muzekker island 28931 parcel premises in line with the demand, it was reported that the process was conducted executive property foreclosures that, in return for the land registry office for the day and 22/07/2011 24402 Journal no.2872 Lu No. 19 on sales with the article name on immovable property registered in the name of executive stock … 49/2400 parcel foreclosures that are made while in the process, however, it is understood that the sale transaction was made with the date of writing and the number of hours, again from the Defendants …’s … the Executive Directorate separately reported on 23/09/2011 that they charged $ 3,500 externally from the debtor in the file 2004/5275, and separately from the debtor in the file 2004/5762, they charged $ 2,000 externally from the debtor in the file 23/09/2011,
Although the charges are denied, the essence of the defense is based on the right to imprisonment, No. 166 of the law on lawyers 1136. defined in Article imprisonment the right, only the attorney’s fee claims and expenses can be used at the rate, the lawyer, on behalf of his client receivable that has been collected and the costs, fees, and costs more than a set amount of “right to jail under the name of” listening to the trickle of holding this right of it is contrary to the purpose of the law as it is against the rules of professional lawyers, and also using the right lawyer to prison, claims he collected on behalf of his client, without delay, to the business owner reports, because of what work and what amount of wages and expenses he will receive, and after informing the opposite party about the matter and the reckoning to be made if necessary, he must exercise his right to imprisonment at the rate he will receive, in fact, this is the result of the obligation of the lawyer to answer to his client, as a matter of fact, 34 of the law on lawyers. “lawyers are obliged to perform their duties in a manner befitting the sanctity of this duty with care, accuracy and honor, and to act in accordance with the respect and trust required by the title of lawyer and to comply with the professional rules established by the Turkish Bar Association.”, 43 Of The Professional Rules Of The Turkish Bar Association. in the article,” money and other values received on behalf of the client are announced and given to the client without delay.”although there is no clear provision in the law as to when the attorney’s fee will be muaccel, the lawyer’s law 171/1. “The Lawyer follows the work he receives in accordance with the provisions of the law and until the end, even if there is no written contract.“and ” 2 of the minimum wage tariff for lawyers. “…the attorney’s fee is the equivalent of the lawsuit, business and transactions fee until the final provision is obtained.” in accordance with the provisions of the attorney’s fee, the work undertaken with the completion of the muaccel has to be accepted, accordingly, the lawyer, on the contrary, if there is no contract to follow the work to the end and finalize the fee can not ask for the right to imprisonment at this point, as a legal action has been taken in accordance with the single attorney’s contract during the follow-up of multiple cases made based on a generally regulated power of attorney, although it is possible to use the right of imprisonment to deduct the power of attorney arising from all cases, the right of imprisonment should also be possible separately for each case/contract, since each of the power of attorney issued separately for each case will be a separate attorney’s contract,
In this respect, so that the material truth can be revealed in the case subject to trial; witness …’s, the defendant gave the money just for participating …’s Main Directorate of the executive and the executive … 5762 2004/5275 the following files are numbered for the purpose of the collection of receivables that are the subject of shareholder No. 3 with 19 2872 name in real estate foreclosures parcel 28931 island as proxies for the removal of the other creditors of the defendant, or attorney with regard to the removal of foreclosures koydurduk given for re-receipt of the statement, C.Attorney general’s office received 01/02/2012 Day statement and last statements between the exchange of the conflict decontamination, Defendants … ‘ s 15/07/2013 transfer dated petition mentioned … 2004/5418-5793-6027 execution, in which they declare that they follow on behalf of the participant in the same petition, with the provision of a certified and legible copy of Juliette’s files, civil and criminal exchanged between files on the file above to prison and the case is also taken into account the explanations on the right, which was accused of money on 05/07/2011 as of the date of witnesses collected from …’S join is whether the attorney’s fee has become due and will receive, if there is in the matter of the amount for expert report after the money have been collected from the debtor externally, because this is reported to the execution file, upon notification to the accused of azilname, the creditor Enforcement Agency of their position in the statement of the defendants resides, a cease and desist letter sent by lawyers to participate the date of the complaint and the accused were taken into consideration, and the lawyers have the powers and duties after the date of 01/01/2009, due to the business owner is not charged or received money and goods delivered to the client in the form of the acquisition of the crime of embezzlement of actions that would constitute the crime of abuse of office in our apartment with applications built with the objective of punishment in terms of the concept of victimhood is one of the conditions of economic loss which the concept has a broader meaning that individual, social, political, the violation of civil rights movements cause injury being caused by any of the issues that should be considered as well, after considering the review and appreciation instead of separate determination of the legal status of the defendants and acquitted of crimes to be decided on insufficient grounds thrown missing,
By admissions;
Although the accused were acquitted because the legal elements of the crimes laid on them were not formed, the sentence was not included in Article 223/2-a of the CMK and was not included in Article 232/6 of the same law. opposition to the article,
Conclusion: since it is against the law and the appeals of the participant have been seen in place in this respect, 8/1 of law 5320. article 321 of the Cmuk. a unanimous decision was made on 14.01.2016 to overturn the provisions in accordance with the article.
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