İhaleye fesat karıştırma - Yargıtay 5. Ceza Dairesi 2018/3258 Esas 2021/4488 Karar Sayılı İlamı

Özet:

An Ağır Ceza Mahkemesi issued a verdict in a trial concerning corruption in tender processes. The court stated that according to the Article 17 and 18 of the Law No. 3628, the Ministry of Treasury is the victim of this crime and has the right to participate in the trial and exercise its other rights. The court further added that according to the Article 260/1 of the same law, those who have suffered damage as a result of the crime in question and have not been informed about the trial have the right to appeal. However, since it was found that there was no information or document indicating that the Ministry of Treasury was informed about the trial, the court ruled that information and documents proving the notification should be added to the case file, and in the absence of such notification, the notification deficiency should be remedied. The court also stipulated that a notice and, if given, the appeal and response petitions should be added to the case file before returning the case to the local court. Finally, the court instructed the Chief Public Prosecutor's Office of the Court of Cassation to send the case to the local court for examination of the case if necessary.
The relevant law articles are 3628 Law Article 17 and Article 18, which state that the Ministry of Treasury is the victim of crimes involving the corruption of tenders, and Article 260/1, which requires informing those who suffer damage from crimes about the trial.