Forgery Of Official Documents And Abuse Of Trust
T.C JUDGMENT
15th Criminal Chamber
Main: 2017/ 35155
Decision: 2018 / 1282
Decision Date: 26.02.2018
At the end of the investigation phase against the suspects … and … for the crimes of forgery of official documents and abuse of trust, at the end of the investigation phase against the suspects … and …, at the end of the investigation phase against the decision of the Konya Chief Public Prosecutor’s Office dated 04.01.2016 and numbered 2014/6022 investigation, 2016/104 regarding the rejection of the objection to the decision of the Konya 1st Criminal Judgeship of Peace dated 10. 03.2016 dated 03.03.2016 and numbered 2016/808 different business, based on the request for reversal in favor of the law dated 22.05.2017 and numbered 94660652-105-42-3882-2017 given by the Supreme Ministry of Justice, the case file was sent to our office with the notification of the Supreme Court of Appeals Chief Public Prosecutor’s Office dated 05.06.2017 and numbered 2017/34497 and read.
In the notification requesting reversal in favor of the law;
According to the scope of the file, upon the death of the deceased … …, the husband of the complainant … and the father of his son … born in 2011, in 2013, the attorney of the complainants gave a power of attorney to his brother-in-law … to follow up the movable and immovable properties and company affairs inherited from … …, and the suspect … abused this power of attorney and transferred the company shares to his father, the other suspect … … As a result of the investigation carried out on the allegations of abuse of trust by transferring it to … … and forgery of the bond dated 25/12/2012 allegedly signed by the deceased … …, the Konya Chief Public Prosecutor’s Office decided that there was no ground for non-prosecution on the grounds that there was not enough evidence to file a public case and the authority Konya 1. Criminal Judgeship of Peace has decided to reject the objection;
A power of attorney was given by the complainant … to the suspect … at Konya 8th Notary Public on 26/07/2013, and the suspect … misused this power of attorney four days after the date of the power of attorney and misused the power of attorney to obtain 1.5 million shares of … Tarım Hayvancılık Hizmet Taahhüt San. ve Tic. Ltd. Şti. of 1.250. 000.00 Turkish Liras to the other suspect …, who is his father, with the transfer decision dated 30/07/2013 in the file, the complainant’s consent was not obtained in this regard and there was no agreement on the transfer, this situation was admitted in the statement of the suspect …, “…there was no agreement between us that the company would be transferred to me, he just wanted to transfer it and get rid of it…”, again, the allegedly issued by the deceased, 25/12/2012 issuance, 31/05/2013 payment dated 500. 000,00 Turkish Liras dated 25/06/2015, which was allegedly issued by the deceased, in summary, it was stated that three different pens were used in the bill in question, a part of it was previously arranged using a pencil, in the section where the amount was written in writing, in the writing “five hundred thousand”, there was a tightness in the phrase “hundred” and a difference in position in the phrase “thousand”, and in the 12/02/2014 expert report received from the graphology expert in the file, in summary, different pens were used in the bill in question, It was stated that the writing “five thousand” was falsified as “five hundred thousand” by adding “one hundred” between the writing “five thousand”, and that there were remnants of letters and numbers belonging to the writings and numbers that were tried to be erased, and for the reasons explained above, the evidence against the suspects is of a nature that requires the opening of a public case, and that these evidences should be appreciated and evaluated by the court, instead of accepting the objection, it was not deemed inappropriate to decide to reject the objection in writing, instead of accepting it. Pursuant to Article 309 of the Code of Criminal Procedure No. 5271, the need for reversal of the aforementioned decision has been notified based on the request for reversal in favor of the law.
IT IS CONSIDERED NECESSARY: Since the opinion in the notice issued with reference to the reversal for the benefit of the law is deemed appropriate, it was unanimously decided on 26.02.2018 that the decision of Konya 1st Criminal Judgeship of Peace dated 10.03.2016 and numbered 2016/808 amended business be reversed pursuant to Article 309 of the Code of Criminal Procedure No. 5271, and that the subsequent proceedings be carried out by the objection authority in accordance with subparagraph (a) of paragraph 4 of the same article.