
Esas No: 2012/22183
Karar No: 2014/9407
Karar Tarihi: 14.05.2014
Resmi belgede sahtecilik - zimmet - sahte parayı bilerek kabul etmek - Yargıtay 11. Ceza Dairesi 2012/22183 Esas 2014/9407 Karar Sayılı İlamı
Özet:
An Ağır Ceza Mahkemesi made a ruling on a case involving forgery, embezzlement, and knowingly accepting counterfeit money. One defendant was acquitted of charges of possessing counterfeit money while four others were found guilty and sentenced to prison terms ranging from 1 year 3 months to 2 years 1 month. The court considered the charges laid out in the indictment as the basis for the ruling. The defendants had conspired to print counterfeit railway tickets and sell them to passengers for personal gain. The court ruled that their actions constituted embezzlement, and therefore applied penalties under Article 247/1 of the Turkish Penal Code. The ruling also referred to a Yargıtay Yasası, modified by a 6110 law, which clarifies that in cases where the felony charges are inconsistent with the case description, the description should take precedence.
Relevant Turkish Penal Code articles:
- Article 247/1: Embezzlement
- Article 158/1-e-son, 168/2, 62 and 52: Fraud
- Article 43/1, 62 and 204/1: Forgery