T.C. SUPREME COURT 11. CRIMINAL DEPARTMENT E. 2013/755, K. 2015/22745, T. 23.02.2015
5237/m. 204
ABSTRACT: A public lawsuit has been filed against the defendant, who is a lawyer, for allegedly committing the crime of forgery of an official document by his client, knowing that the price was increased by falsifying the deed and putting it into execution. The defendant argued that he did not know that the deed subject to the crime had been tampered with during the stages. Except for the abstract statement of his client, which changes in stages and is not considered sincere, it is necessary to decide on the acquittal of the defendant, given that sufficient definite, concrete and clear evidence cannot be obtained for his conviction, and his acquittal must be decided.
THE CASE : The file was examined and considered necessary:
DECISION : 1-The defendant, who is a lawyer, is A. Y. as a proxy, the creditor is A. Y., the debtor victim A. He. you have a 2800 TL bond that is A. Y. in the public case filed by the defendant for allegedly committing the crime of forgery of an official document by putting it into execution knowing that the price was increased to TL 12,800 by falsifying the part of the price, the defendant argued that he did not know that the deed subject to the crime was falsified at stages, A. Y.in addition to the abstract statement, which changes at different stages and is not considered sincere, the conviction of the accused cannot be determined on insufficient grounds instead of acquittal, given that sufficient concrete, concrete and clear evidence cannot be obtained,
2-According to the decision; TCK No. 5237, which is the legal result of a conviction for a prison sentence for a deliberate crime, is also accepted.nun 53. Article 1. failure to provide for deprivation of rights written in paragraph,
CONCLUSION: It is against the law that the appeals of the accused have been considered on the spot because of this reason, the provision is 8/1 of Law No. 5320. CMUK No. 1412, which should be applied in accordance with the article.nun 321. its violation in accordance with the article was unanimously decided on the day of 23.02.2015