Crime of use of free notes

The crime of using free promissory notes is a type of crime regulated in the crimes against property section. Article 156 of the Turkish Penal Code regulates the crime of using free promissory notes. According to the article, the crime is committed by using an unpaid bill.

The fact that the bill remains free of charge refers to the situation where the bill is paid or does not need to be paid.

Using the promissory note refers to situations such as subjecting the promissory note to enforcement proceedings or a debt lawsuit, transferring the promissory note, subjecting the promissory note to a protest process, or submitting the promissory note to the clearing house. In other words, for a crime to occur, the bill must be used before official authorities.

According to the Supreme Court, "In order for the crime of using a free bill to occur, the defendant must have a bill whose price has been paid in whole or in part by the debtor, and must collect it as if it had not been paid in whole or in part, or transfer it to someone else. The act of the defendant who uses the bill, which has been partially paid and holds for the remaining amount, for all or more than the remaining amount, will also constitute the crime of using a free bill."

The legal value protected by crime is the security of people's transactions in commercial life.

ELEMENTS OF THE CRIME OF USE OF FREE NOTES

The legal subject of the crime is a free promissory note. The promissory note may have remained free of charge through payment, or it may have remained free of charge for any reason in lieu of payment. As long as the right contained in the document has expired. In order for a crime to occur, it is not necessary to understand from the text of the bill that the bill is free of charge.

It does not matter who pays the bill. If a third person pays instead of the debtor, the bill will remain free of charge. If the price is partially paid, the promissory note creditor can use the promissory note for the remaining part. However, if the creditor demands more than the amount, he will be committing a crime. As a matter of fact, the Supreme Court of Appeals said on the subject, "The act of the defendant who uses the promissory note, which has been partially paid and holds for the remaining amount, for all or more than the remaining amount, will also constitute the crime of using free promissory notes." There is a decision as follows.

Perpetrator and Victim of the Crime

No specific characteristics are required for the perpetrator and victim of the crime. Anyone can be the perpetrator or victim of this crime.

Action

As we mentioned above, the action in the crime of using a free bill is to use a bill. Use refers to situations such as requesting payment again, placing the note under enforcement proceedings, and transferring the note.

The Spiritual Element of Crime

Intent constitutes the moral element of the crime. The crime of using free promissory notes is a crime that can only be committed intentionally.

Attempted CRIME OF USE OF FREE BONUS

In order to constitute the crime of using a free bill, it is sufficient to use a free bill. Additionally, it is not required that the perpetrator has benefited. Again, it is not important for the crime to occur whether the victim suffered any harm or not.

From this perspective, although attempting a crime is theoretically possible, it does not seem possible in practice.

THE CRIME OF USE OF FREE BENEFITS, THE CRIME OF CHAINING

Chain crime occurs when a crime is committed against the same person more than once at different times or when a crime is committed against more than one person with a single act. If the crime is committed as a chain crime, the penalty to be given to the perpetrator will be increased in accordance with Article 43 of the Turkish Penal Code.

In cases where bills belonging to different people are used in a single act or free bills belonging to the same person are used at different times, the penalty to be given to the perpetrator is increased from one quarter to three quarters, in accordance with the chain crime provisions.

PUNISHMENT FOR THE CRIME OF USE OF BONUS BONUS BONDS

As we mentioned above, the crime of using free bonds is regulated in Article 156 of the Turkish Penal Code.

According to the relevant article, the penalty for the crime is imprisonment from 6 months to 2 years and a judicial fine. Imprisonment and judicial fine are applied together.

There is no qualified form of the crime regulated by law. For this reason, the basic penalty cannot be reduced or increased, taking into account the manner in which the crime was committed.

COMPLAINING PERIOD FOR THE CRIME OF USE OF FREE NOTES

TCK has introduced a complaint requirement for some crimes to be punished. We have mentioned more detailed information about the crimes subject to complaint in our review titled Right to Complain and Waiver of Complaint . Here we will content ourselves with making a brief evaluation in terms of crime.

The prosecution of the crime of using free stock depends on the complaint of the victim. The complaint period is 6 months. The period starts from the date the victim learns that the bill was used.

CONCILIATION FOR THE CRIME OF USE OF FREE BENEFITS

The crime of using free bonds is one of the crimes within the scope of mediation. The investigation or prosecution of the crime depends on the precondition of mediation.

PROOF OF THE CRIME OF USE OF FREE BONUS

HMK includes the rule of proof against the promissory note. Considering this regulation, the obligation to prove the free of charge of the bill with written evidence has been introduced. The person who claims that the bill remained free of charge can only prove his claim with written evidence. If the requirement of proof is not met, the perpetrator cannot be punished.

As a matter of fact, in one of its decisions, the Supreme Court said, "Although it is mandatory to prove with written evidence that the bill remained free of charge or was used contrary to the agreement, the defendants should be acquitted because the participant could not submit written evidence that he had paid his debt." He ruled as follows.

THE COURT IN CHARGE OF THE CRIME OF USE OF FREE NOTES

The trial of crimes with a sentence of less than 10 years is carried out by the Criminal Courts of First Instance. For this reason, the crime of using free bonds is prosecuted by the criminal courts of first instance.

The statute of limitations for the crime is 8 years.