Embezzlement & Abuse Of Trust – Court Of Cassation Decision
T.C.
Supreme Court
5th Criminal Chamber
No :2012/12683
Decision No :2014/47
K. Date :
5th Criminal Chamber 2012/12683 E. , 2014/47 K.
“Case Law Text”
Notification No: 15 – 2012/42078
COURT : Üsküdar 2nd (Istanbul Anatolia 6th) Assize Court
HISTORY : 16/11/2009
NUMBER : 2009/319 Main, 2009/397 Decision
CRIME : Embezzlement
The file was examined upon the appeal of the verdict given by the local court;
Pursuant to Article 260/1 of the Code of Criminal Procedure, 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 for a legal remedy and the judgment was appealed by its attorney with the petition dated 30/11/2011, based on the authority granted by Article 18 of the Law No. 3628 and Article 237/2 of the Code of Criminal Procedure, it was decided to accept the Treasury’s request for participation, and then it was considered:
As of the date of the offense, the defendant, who was employed as a contracted janitor at the Legal Advisory Department of the Grid Installation 2nd Group Directorate of Türkiye Elektrik İletişim A.Ş. in accordance with the Decree Law No. 399. The defendant who is employed as a contracted servant in the Legal Counseling Department of the Group Directorate and who actually performs the duty of litigation follow-up officer in accordance with the verbal instruction, Deciding to eliminate the public case due to the statute of limitations by accepting it as abuse of trust due to service as a result of an erroneous legal evaluation, without considering that the actions in the form of appropriating the amount of advances closed by submitting the expense documents approved by the unit lawyers to the accounting department in duplicate during the offsetting of the work advances received for the fees and judicial expenses in the courts and execution offices to which the institution is a party constitute the crime of simple embezzlement in chains,
And according to the acceptance;
Deciding to abolish the public case due to statute of limitations instead of dismissing it pursuant to Article 223/8 of the Code of Criminal Procedure No. 5271,
Since it is contrary to the law and the appeal objections of the participant and Treasury attorneys have been deemed appropriate in this respect, the verdict will be DISMISSED in accordance with Article 321 of the Code of Criminal Procedure by taking into consideration Article 8/1 of the Law No. 5320, and it was unanimously decided on 06/01/2014