Republic of Turkey
Supreme Court
21st Criminal Chamber
Case No: 2015/1191
Decision No: 2015/1692
Date of Decision:
21st Criminal Chamber 2015/1191 E., 2015/1692 K.
“Case Law Text”
In the case filed with the request for punishment of the defendant for the crime of forgery of official documents due to preparing and signing promissory notes in the name of his wife, Ü.. O.., without her knowledge and giving them to the plaintiff company, it was stated that the workplace he actually managed was registered in his wife’s name, and therefore, he signed the promissory notes in his wife’s name by stamping the workplace stamp on the promissory notes issued in return for the goods he received from the plaintiff company, and given that he did not deny the commercial relationship with the plaintiff and the signature on the promissory notes; The written conviction decision was rendered based on an erroneous assessment, without considering that there was insufficient evidence to convict the defendant of acting with the awareness of harming the victim or with the intent to commit a crime.
Since the defendant’s appeals are deemed justified in this respect, the judgment is hereby REVERSED, contrary to the request, in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which should be applied pursuant to Article 8/1 of Law No. 5320, on June 3, 2015, by unanimous decision.