Crime of Forgery in an Official Document – The Nature of Deception Supreme Court Decision

T.C.
SUPREME
11. CRIMINAL DEPARTMENT
E. 2018/1686
K. 2018/1857
T. 1.3.2018

* CRIME OF FORGERY IN AN OFFICIAL DOCUMENT ( The Document That Constitutes the Subject of the Crime Is Written on Something That Can Be Transported and Serves to Prove an Event That Expresses a Legal Provision – It Is Not Necessary to Have Written Paper to Accept the Existence of the Document / If Writing Is Written on a Metal Plate, Vehicle License Plates Should Also Be Accepted as an Official Document, Since the Document Can Be Mentioned in the Presence of Other Elements)

* FAKE LICENSE PLATE (In the Expertise Report of the Criminal Police Laboratory, It Is Stated that There Are No Cold Seal Marks on the Fake License Plate Subject to the Crime – 30 of the Highway Traffic Regulations. According to the Article, It Is Mandatory To Have the Seals of the Registration Organization That Performs the Registration Process on the Registration Plates And the Organization That Performs The Plate Printing Process – The Plate Subject to the Crime Must Have A Seal On It In Order to Qualify As an Official Document)

* The nature of deception ( documents, forgery, deception of the nature of crimes of the discretion of the judge whether it belongs to Fake the alleged plate elements and characteristics are recorded and brought to trial and examined the legal and does not move, and the nature of deception and the file should be kept between yonteminc discussed with the presence of missing when the decision is inappropriate Review )

5237/m.204

SUMMARY : The case relates to the crime of forgery in an official document.

In the expert report of the Criminal Police Laboratory, it is stated that there are no cold seal marks on the fake license plate subject to the crime, 30 of the Highway Traffic Regulations in force at the time of the crime. according to the article; in the case of registration plates, the registration organization that performs the transaction and the organization that performs the plate printing process are obliged to have seals, in this way, the presence of a seal is mandatory in order for the plate subject to the crime to become an official document, considering that the discretion of whether there is a quality of deception in forgery crimes belongs to the judge, the alleged fake plate is brought to the hearing and examined, its characteristics are recorded in the minutes and, while it should be discussed by the method whether it carries legal elements and whether there is a Decency of deception and it should be kept among the files in a way that allows for audit, it is inappropriate to make a decision in writing with incomplete examination.

CASE : 1-) The document that constitutes the subject of forgery crimes in the official document is the article that is written on something that can be moved and serves to prove an event that expresses a legal provision, ARTICLE 204 of the Turkish Penal Code No. 5237. as stated in the justification of the article, the document is not mandatory for the acceptance of the existence of the presence of a written paper, written on a sheet of metal in the case of in the case of the presence of other elements from the document can be mentioned, in this regard, vehicle license plates, also adoption as the official document that would have the reason for the appraisal report dated 22.01.2009 Kayseri Criminal Police Laboratory in fake plates, cold seal, specifying whether the subject of a crime is allowed to any, 30 of the Highway Traffic Regulation published in the Official Gazette dated 18.07.1997 and numbered 23053, which is in force on the date of the crime. according to the article; in the case of registration plates, the registration organization that performs the transaction and the organization that performs the plate printing process are obliged to have seals, in this way, the presence of a seal is mandatory in order for the plate subject to the crime to become an official document, considering that the discretion of whether there is a quality of deception in forgery crimes belongs to the judge, the alleged fake plate is brought to the hearing and examined, its characteristics are recorded in the minutes and, whether it carries legal elements and whether there is a quality of deception should be discussed by the method and kept among the files in a way that allows for audit, while making a decision in writing with incomplete Decisionexamination,

2-) According to acceptance and application;

53 of the TCK No. 5237. there is an obligation to re-evaluate the application of this article together with the decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140 Basis, 2015/85 Decision,

CONCLUSION: It required an annulment, and since the defendant’s appeals were considered on the spot for this reason, the verdict is based on 8/1 of Law No. 5320 for these reasons. 321 of the CMUK No. 1412, which must be applied in accordance with Article. in accordance with the article, it was decided unanimously on 01.03.2018 to be overturned as requested.

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