T.C. THE DECISION OF THE SUPREME COURT
23.Criminal Department
Base: 2015/11475
Decision: 2016/5775
Date of Decision: 04.05.2016
QUALIFIED FRAUD OFFENCE – THE DEFENDANTS HAVE NO ACTION TO CREATE A FRAUD – THE WRONGFUL PAYMENT MADE BY THE INSTITUTION IS REIMBURSED BY THE DEFENDANTS TOGETHER WITH THEIR INTEREST – THE ELEMENTS OF THE CHARGED OFFENCE ARE NOT FORMED – THE APPROVAL OF THE PROVISION
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 Decision: The case was examined and considered as necessary,
The defendants, the father of the I…. Despite the fact that S… died on 13.10.2009, a total of JUL 1,296.54 deposited in the Ziraat Bank account by the participating Social Security Institution withdrew their old age pension from the ATM on 19.10.2009 and 19.11.2009 in a concrete incident in which they allegedly committed a qualified fraud offense by obtaining unfair benefits;
article 55 / last of the Social Insurance and General Health Insurance Law No. 5510 and article 73 of the Social Insurance Survey Regulation. article 6 of the communiqué on and 7. “In order to determine those who died or lost the necessary conditions while receiving income or monthly in a timely manner, first stop the payments made on behalf of them, and then cut off the income / pension and recover the inappropriate payments, if any, polling operations are carried out within the procedures and principles set out in the second paragraph of this article. For those who receive death income or a death pension, the insured; the fact that the widow is not married is determined by the polling procedures to be carried out by the Social Security Institution.
6 Of the communiqué on income or monthly fields and their parents, guardians, trustees and proxies by the methods that the institution will determine when and where it deems necessary. may conduct a survey to determine the information contained in the article. The polling process can also be made to banks and PTT branches that pay income or monthly. Authority income/monthly import necessary to determine whether conditions continue, recording or registering the institution according to its own legislation, organization, Unity, and room service may be requested from the tax office with the document duly edited. The Institution’s Payments Log and the population logs of the General Directorate of Population and Citizenship affairs contain provisions such as ”Income / monthly payments of insured and eligible persons who have been found to have lost the right to receive income and monthly due to gender change, death or marriage are stopped by comparing the population logs with certain periods not exceeding 15 days each month”.
Article 96 of the Law No. 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. it is said that “.
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 results of the trial, the evidence collected and shown at the place of decision, the opinion and discretion of the court formed in accordance with the results of the prosecution, the scope of the file being examined, the APPROVAL of the verdict was unanimously decided on 04.05.2016 by rejecting the appeals of the participating deputy that were not seen on the spot.
