Supreme Court of the Republic of Turkey
21. Criminal Chamber
Basis: 2015/5637
Decision: 2016/1463
Decision Date: 18.02.2016
FAKE CRIME – IMPOSSIBILITY OF HIS CONSCIOUSNESS, WITHOUT CONSIDERING THAT THE ACTION OF THE DEFENDANT IS COVERED BY USEFUL FRAUD AND IT WAS NOT ESTABLISHED IN ACCORDANCE WITH THE LEGAL ELEMENTS OF THE ATTENDED CRIMIN.
SUMMARY: It is against the law to decide to convict the accused in the opposite way instead of being acquitted, without considering that the act of the accused is within the scope of “useless forgery” and that it is not formed in terms of the legal elements of the alleged crime.
(403 S. K. Art. 29)
Case and Decision: Since it is understood that ………………, who has not been directly harmed by the crime, does not have the right to appeal, the appeal request of the attorney on behalf of the complainant against the judgment established due to the aforementioned crime is stated in Article 8/1 of the Law No. 5320. In the examination made only for the appeal of the defendant’s counsel, as per the 317th article of the CMUK numbered 1412, which should be applied in accordance with the article, REJECTING the request;
The defendant, who gained Turkish citizenship by birth and later gained German citizenship by obtaining permission to leave the Ministry of Internal Affairs, is guilty of false declaration in the preparation of the official document by presenting a copy of the identity card obtained from the … in the event that it is accepted to have committed; Article 29 of the Turkish Citizenship Law No. 403 in force on the date of the incident states: However, those who are Turkish citizens by birth but who have obtained a permit to renounce their citizenship from the Ministry of Interior and their underage children registered in the certificate of renunciation; Without prejudice to the provisions regarding the national security and public order of the Republic of Turkey, the acquired rights regarding social security, excluding the obligation to perform military service and the right to elect and be elected, to enter public duties and to import vehicles or household goods, are reserved, and the use of these rights is subject to the provisions of the relevant laws. They continue to benefit from the rights granted to Turkish citizens, provided that they are subject to the same provision”, since it is understood that the preparation of the document subject to the crime is not mandatory for the accused to establish a company, and it is understood that he can establish a company with the document regarding the exercise of the reserved rights given to him by the Ministry of Interior, the act of the accused falls within the scope of “useless forgery” and to be sentenced in writing instead of acquittal, without considering that the alleged crime is not constituted by its legal elements,
It is against the law, since the objections of the defendant’s defense counsel are deemed appropriate in this respect, the verdict is stated in the 8/1 of the Law No. 5320 for this reason. It was unanimously decided on 18.02.2016 that it should be overturned, contrary to the request, pursuant to article 321 of the CMUK numbered 1412, which should be implemented in accordance with the article.
