24 Feb The Crime of Abuse of Trust-The Decision of the Supreme Court
T.C THE DECISION OF THE SUPREME COURT
15.Criminal Department
Base: 2016/ 199
Decision: 2018 / 530
Date of Decision: 18.01.2018
Case: Defendant …’s service because of the judgment of conviction of the defendant for the crime of breach of trust and falsifying official documents by the attorney and legal defender participating defendant’s conviction for the purpose of debt collection fraud, given the exclusion of decisions about the disclosure provisions of the accused …’s acquittal on charges of forgery terms for participating in an appeal by the attorney is not resolved by examining the file:
It has been decided to reject the appeal by the relevant authority regarding the decisions to withdraw the disclosure of the verdict given about the defendant … and it is understood that no remedy has been appealed against this decision in any way, but the examination conducted is limited to the provisions established about the defendant …;
The attendee, it passes the name of the called party 110 USD worth of bonds given because you purchased the computer, the computer passed the name of the attendee’s Father receives a portion of the debt stocks, it pays in order, but the incident in the history of …’S that you would get from attending the workplace and employee accused claiming …’s one of these stocks to hold by taking the bond price will change when 6.110 TL, then this is the defendant lawyer of the stock …’s, but about opening the case does not mandate any, the accused later …’s other defendants …’s a crime without knowledge and consent of the subject is acting in a year …click Add payee as participating in enforcement proceedings initiated against, subjected to execution proceedings and enforcement proceedings in case of Abolish from the bureau from joining 3.500 TL paying the money on offer in addition to the attendee’s sister-in is located in a case where the accused …’a paid attendee’s last name defendant …’06/01/2010 edit and dated you have a debt equity acquaintance about whether to participate in the issue of crime gave, however, it is claimed that the defendant charged 3500 TL tampering hold the money in a concrete case the creditor actually fake on the subject of the crime that made the Act a non-payee …click Show as participating in enforcement proceedings against it by initiating, participating well getting to hold the money that is collected from the acts that occur in the form of 204/1 of the Turkish Penal Code. in the official document issued in Article 158/1-d of the Turkish Commercial Code on forgery and provision of an acquittal for forgery in an official document without regard to the fact that it constitutes fraud offences by using the public institution regulated in the article as a vehicle, and a conviction for abuse of trust due to service by making an error in the nature of the crime,
According to acceptance; in the event that a judicial penalty of imprisonment is transferred from the lower limit and without sufficient legal reasoning when determining the same reasons and more full of refraining from the minimum of the number of days determined by the determination of criminal defendants,in violation of the law, the objections of the attorneys appellate counsel and defendant is seen participating in this regard, since the law of the provisions of Article therefore 5320 8/1.article 321 of CMUK No. 1412, which must be implemented in accordance with its article. its DETERIORATION in accordance with the article was decided unanimously on 18.01.2018.
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