T.R.
Supreme Court
11. CRIMINAL DEPARTMENT
E. 2018/1686
K. 2018/1857
T. 1.3.2018
* CRIME OF FORGERY IN OFFICIAL DOCUMENT (The document that constitutes the subject of the crime is a writing written on something that can be moved and serves to prove an event that expresses a legal provision – it is not necessary to have written paper to accept the existence of the document / vehicle license plates should also be accepted as official documents since writing on a metal plate can be considered a document in the presence of other elements)
* FAKE PLATE (In the Expertise Report of the Criminal Police Laboratory, it is stated that there is no trace of cold seal on the fake plate subject to the crime. – According to Article 30 of the Highway Traffic Regulation, it is mandatory to have the seals of the registration institution and the organization that carries out the plate printing process on the registration plates. – In order for the plate subject to the crime to have the quality of an official document, it must have a seal on it. required)
* DECEPTIONAL NATURE (In Crimes of Forgery of Documents, it is the judge’s discretion as to whether there is a deceptive nature or not; it is inappropriate to make a decision with an incomplete examination when the license plate alleged to be fake should be brought to the hearing and examined, its features should be recorded in the minutes, and it should be kept in the file by discussing whether it carries the legal elements and whether it has the nature of deception or not)
5237/m.204
SUMMARY: The case is about the crime of forgery of official documents.
In the expert report of the Criminal Police Laboratory, it is stated that there is no trace of cold seal on the fake license plate subject to the crime, according to Article 30 of the Highway Traffic Regulation in force on the date of the crime; It has been ruled that the registration plates must contain the seals of the registration institution that made the transaction and the organization that carried out the plate printing process, and thus, in the face of understanding that the presence of a seal on the license plate subject to the crime is mandatory for it to gain the quality of an official document, considering that the discretion of whether there is a deceptive nature in forgery crimes belongs to the judge, the characteristics of the plate alleged to be fake are brought to the hearing and examined, its features are recorded in the minutes, whether it has the legal elements and whether it has the nature of deception is discussed in a way that allows inspection by discussing the method. It is inappropriate to make a decision in writing with incomplete examination, although it should be kept in the file.
CASE: 1-) The document that is the subject of the crime of forgery of official documents is a writing that is written on something that can be moved and serves to prove an event that has a legal effect, as stated in the justification of Article 204 of the Turkish Penal Code No. 5237, it is not necessary to have a written paper to accept the existence of the document, and in the case of a writing on a metal plate, it can be considered a document in the presence of other elements, in this respect, vehicle license plates must also be accepted as official documents. For this reason, in the expert report of Kayseri Criminal Police Laboratory dated 22.01.2009, it was stated that there was no trace of cold seal on the fake license plate subject to the crime, according to Article 30 of the Highway Traffic Regulation published in the Official Gazette dated 18.07.1997 and numbered 23053, which was in force on the date of the crime; It has been ruled that the registration plates must contain the seals of the registration institution that made the transaction and the organization that carried out the plate printing process, and thus, in the face of understanding that the presence of a seal on the license plate subject to the crime is mandatory for it to gain the quality of an official document, considering that the discretion of whether there is a deceptive nature in forgery crimes belongs to the judge, the characteristics of the plate alleged to be fake are brought to the hearing and examined, its features are recorded in the minutes, whether it has the legal elements and whether it has the nature of deception is discussed in a way that allows inspection by discussing the method. Making a decision in writing with incomplete examination, although it should have been kept in the file,
2-) According to acceptance and implementation;
There is a necessity to re-evaluate the application of Article 53 of the Turkish Penal Code No. 5237, together with the decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140 Principles, 2015/85 Decision,
CONCLUSION: Since it required reversal and the defendant’s appeal objections were deemed appropriate for this reason, the verdict was based on Article 8/1 of Law No. 5320 for these reasons. It was unanimously decided on 01.03.2018 to REVERSE the request as a request in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which should be implemented in accordance with the article.