Abuse Of Trustee Duty
What is the Crime of Abuse of Trustee Duty? (TCK 289)
The crime of abuse of custody duty, in other words, abuse of trustee duty; Article 289 of the Turkish Penal Code No. 5237 is regulated in the “Crimes Against the Courts” section as follows:
Article 289 – (1) A person who disposes of pledged or seized property or property seized for any reason, which has been officially delivered to him for safekeeping, other than for the purpose of delivery, shall be sentenced to imprisonment from three months to two years and a judicial fine up to three thousand days. If the person is the owner of this property, the penalty to be imposed shall be reduced by half.
(2) Four-fifths of the penalties to be imposed on the person who returns the property which constitutes the subject matter of the offense defined in the first paragraph before the prosecution commences, or if this is not possible, pays the price, shall be reduced.
(3) Any person who causes the loss or deterioration of the pledged or seized goods or goods seized for any reason, which have been officially delivered to him for safekeeping, due to his breach of the obligation of care and attention, shall be punished with a judicial fine.
(4) Any person who uses the goods seized within the scope of an investigation or prosecution regarding a crime for purposes other than its purpose shall be punished with imprisonment up to one year.
Abuse of Trustee Duty
… To the Chief Public Prosecutor’s Office
COMPLAINANT :
AGENT :
SUSPECT :
CRIME : Abuse of Fiduciary Duty.
DATE OF CRIME : …/…/…
EXECUTION FILE : …/…
EXPLANATIONS
1- Our client initiated an execution proceeding against the defendant with the above-mentioned execution file, and after the proceeding was finalized, upon non-payment of the debt …/…/…, a seizure was made on …/…/… and a television and stereo set seized was delivered to the debtor defendant as a trustee.
2- Upon the debtor defendant’s failure to make a payment to the enforcement file after the seizure, the debtor’s address was visited to take the seized goods under custody, but it was determined that the goods delivered to him as a trustee were missed from the address and this situation was written by the officer in charge in the seizure record.
LEGAL GROUNDS : 5237 S. K. art. 289.
CONCLUSION AND REQUEST
For the reasons we have explained above, we respectfully request and demand that the necessary investigation be made in order to punish the defendant in accordance with Article 289 of the Turkish Penal Code No. 5237. …./…./….
Representative of the Complainant