Resmi belgede sahtecilik - Yargıtay 11. Ceza Dairesi 2016/10762 Esas 2017/3980 Karar Sayılı İlamı
Esas No: 2016/10762
Karar No: 2017/3980
Resmi belgede sahtecilik - Yargıtay 11. Ceza Dairesi 2016/10762 Esas 2017/3980 Karar Sayılı İlamı
Özet:
An Asliye Ceza Court ruled on a case of counterfeit official document resulting in a conviction. In implementing Article 53 of Law No. 5237, the court considered a Constitutional Court decision on the matter during the execution phase. After examining evidence and files, the court rejected non-related appeals but found that the document in question should have been kept as evidence instead of being confiscated. Consequently, the court ordered the correction of the judgment by removing the confiscation part and keeping the document as evidence. The corrected judgment was upheld via unanimous vote on May 23, 2017. The relevant law articles and their explanations are as follows:- Law No. 5237, Article 53: Counterfeit official document
- Constitutional Court decision 2014/140 Esas, 2015/85: related to Article 53
- Law No. 5237, Article 54: Confiscation of counterfeit official document
- Law No. 5320, Article 8: Applicable procedural law for appeal
- Criminal Procedure Code (CMUK) Article 321: Annulment of judgment
- CMUK Article 322: Correction of judgment
