THE INADMISSIBILITY OF DECIDING ON THE CONVICTION OF THE ACCUSED WITHOUT REGARD TO THE FACT THAT HIS ACT FALLS WITHIN THE SCOPE OF USELESS FORGERY AND DOES NOT OCCUR IN ACCORDANCE WITH THE LEGAL ELEMENTS OF THE BREAKTHROUGH CRIME

T.C. SUPREME COURT DECISION

21.Criminal Department
Base: 2015/5637
Decision: 2016/1463
Date of Decision: 18.02.2016

FORGERY OFFENCE – THE INADMISSIBILITY OF DECIDING ON THE CONVICTION OF THE ACCUSED WITHOUT REGARD TO THE FACT THAT HIS ACTION FALLS WITHIN THE SCOPE OF USELESS FORGERY AND DOES NOT OCCUR IN ACCORDANCE WITH THE LEGAL ELEMENTS OF THE BREAKTHROUGH OFFENCE

SUMMARY: It is against the law for the accused to be convicted otherwise rather than acquitted without regard to the fact that his act falls within the scope of “useless forgery” and does not occur in accordance with the legal elements of the breakthrough crime.

(403 Pp. K. m. 29)

Case and Verdict: Not directly harmed by the crime ………………’ since it is understood that there is no right of appeal, the deputy on behalf of the complainant must request an appeal against the decision established due to the aforementioned offense in accordance with Section 8/1 of Law 5320. article 317 of CMUK No. 1412, which must be implemented in accordance with its article. according to the article, with such a REFUSAL as a request, the defendant’s defense will appeal in the examination;

The accused, who acquired Turkish Citizenship by birth and subsequently acquired German Citizenship by obtaining permission to leave the Ministry of Internal Affairs, was assigned to the Commercial Registry Office when establishing the company, …..The Province …………..By submitting official documents from the Office of population wallet instance committing the crime of perjury in the event of the acceptance of the regulation; 403 29 of Turkish citizenship law in force on the date of the event. article “In accordance with this Law, persons who have lost their Turkish citizenship are subject to foreign treatment starting from the date of loss. However, those who are Turkish citizens by birth and who have obtained a naturalization permit from the Ministry of Internal Affairs and their underage children registered in the naturalization certificate; Without prejudice to the provisions of the national security and Public Order of the Republic of Turkey, and vote and to be elected shall be obligated to perform military service, and legal questions related to entering public office, vehicle or household goods to import the rights relating to social security in the use of the relevant laws and these rights are without prejudice to the acquired rights in the same subject to the provisions of Turkish citizens on the condition that it shall continue to benefit rights that” the defendant to establish his company in accordance with the provision of a crime, the subject of the preparation of the document is not mandatory, Build a company with retained rights issued by the Ministry of the Interior relating to the use of the defendant’s actions, because it is understood that the “useless forgery” enters into the scope of, and out of the elements of the crime of conviction of acquittal instead of disregarding whether in writing legal,

Contrary to the law, since the appeals of the defendant’s defense are considered to be in place as of this date, the provision is therefore 8/1 of the Law No. 5320. article 321 of CMUK No. 1412, which must be applied in accordance with the article. in accordance with the article, it was decided, unanimously, on 18.02.2016, that it would be involuntarily OVERTURNED.