07 Jun The Absence Of Fraudulent Acts By The Defendants-The Unwarranted Payment Made By The Institution Was Repaid By The Defendants Along With Their Interest-Did Not Constitute Elements Of The Charged Crime
Supreme Court of the Republic of Turkey
23.Criminal Division
Basis: 2015/11475
Decision: 2016/5775
Decision Date: 04.05.2016
CRIME OF QUALIFIED FRAUD – THE DEFENDANTS DO NOT HAVE THE ACT OF CHEATING – THE UNWARRANTED PAYMENT MADE BY THE INSTITUTION IS REPAID BY THE DEFENDANTS ALONG WITH THEIR INTEREST – THE ELEMENTS OF THE CHARGED CRIME ARE NOT FORMED – THE PROVISION IS UPHELD
SUMMARY: the deceased was examined by the population of the participating institution of record, if the requirement can be easily identified due to death, losing monthly import, where the payment is being made that are caused by the defendants negligence of the institution, the trick is to form action in the absence of the defendants, the defendants also paid back with interest by the undue payment made by the agency, therefore, are the elements of the alleged crime, whether or not misses, because it is understood in acquittal has seen.
(5510 P. K. m. 55, 96)
Case and verdict: dossier reviewed and deemed necessary,
The defendants, the father of … Although S … died on 13.10.2009,a total of TL 1,296. 54 old age pension deposited in the Agricultural Bank account by the participating Social Security Institution, withdrawing from the ATM on 19.10.2009 and 19.11.2009, in a concrete incident in which they are alleged to have committed the crime of qualified fraud by providing unfair interests;
55/final article 5510 of the law on social insurance and General Health Insurance and 73 of the regulation on social insurance polling et al. 6 substance of the related communiqué. and 7. articles; ” in order to determine the time of those who died or lost the necessary conditions while receiving income or monthly, first stop the payments made on behalf of them, and then cut the income/monthly and return the improper payments, if any, in accordance with the procedures and principles specified in the second paragraph of this article, polling operations are performed. For those receiving death income or death pension, the insured; matters in which the widow does not marry are determined by the polling procedures to be carried out by the Social Security Institution.
6 of the notification of their parents, guardians, trustees and proxies with income or monthly fields by methods that the institution will determine when and when it deems necessary. it can conduct a survey to determine the information contained in the article. Polling can also be done by banks and PTT branches that pay income or monthly. If it is deemed necessary by the institution to determine whether the income/monthly receipt conditions continue, the relevant institution, organization, Union and Chambers and tax authorities that register or register in accordance with their legislation may request a duly issued document. The corporate payments log and the population logs of the General Directorate of Population and Citizenship Affairs are compared with certain periods not exceeding 15 days each month and the income/monthly payments of insured and rights holders who have been found to have lost their right to receive income and monthly due to gender change, death or marriage are stopped.”
96 of law 5510. in the article, “authority employers, insured, or the insured person receiving a pension income to the ones who were optional and their rights owners, general health, those who are policyholders and their dependents, any payments shall be made as, or more out of place under this law; was born from intentional or grossly negligent behavior if an incorrect operation over a ten year period from the date of the determination of a maximum backward payments, these payments from the date of; the institution resulted from incorrect operation, incorrect operation in the five year period from the date of the determination of a maximum backward to twenty-four months from the date of notification related to the sum of payments for payments to be made within the interest-free twenty-four-month period for payments to be made after the date when it expires, which will be calculated from the end of this period, with legal interest from the institution concerned if they are offset against receivables, receivables, or general, you are taken back in accordance with the provisions.” is called.
According to this explanation, the population is examined by the participating institution of record of the deceased, if the requirement can be easily identified due to death, losing monthly import, where the payment is being made that are caused by the defendants negligence of the institution, the trick is to form action in the absence of the defendants, the defendants also paid back with interest by the undue payment made by the agency, therefore, are the elements of the alleged crime, whether or not misses, because it is understood in acquittal has seen.
According to the court’s opinion and discretion formed in accordance with the results of the prosecution, according to the scope of the file examined, the decision was unanimously decided on 04.05.2016 to approve the decision with the rejection of the appeals not seen in place of the participating deputy.
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