Breach of Trust Crime

This type of crime involves the person who receives property that has been hidden or transferred to their possession, using that property for their own benefit or the benefit of another, other than the transfer of possession. The crime of breach of trust is also referred to as misuse of security.

The crime of breach of trust (abuse of trust) can occur in five different ways:

• The crime of simple breach of trust, namely using possession for purposes other than the purpose of transfer (Turkish Penal Code Article 155/1),
• Breach of trust due to service(Turkish Penal Code Article 155/2),
• Abuse of trust due to profession or trade (Turkish Penal Code Article 155/2),
• Breach of trust due to trade (Turkish Penal Code Article 155/2),
• Breach of trust regarding goods entrusted and delivered within the scope of the authority to manage another person's property (Turkish Penal Code Article 155/2)

Complaint, Statute of Limitations, and Competent Court

The crime of breach of trust can occur in simple or aggravated forms. The simple form of the crime is subject to complaint, and the complaint period is 6 months from the date the crime was committed and the perpetrator was identified. If the right to complain about the crime is not exercised within 6 months, the right to complain is lost permanently.

Since the aggravated forms of the crime are not among the offenses subject to complaint, there is no specific complaint period. However, the statute of limitations is 15 years. If the complainant wishes to participate in the case, they can exercise their right to complain within the statute of limitations period.

Trials for the crime of breach of trust are conducted by the district criminal court.

Conditions for the Crime of Breach of Trust (Misuse of Trust)

The relationship of trust that exists between people is one of the important values ​​valid in the legal system. The Turkish Penal Code (TCK) penalizes violations of this trust relationship. The conditions for the crime of breach of trust are explained in detail in Article 155 of the TCK.

The Crime of Breach of Trust and Contractual Relationships

the conditions for the crime of breach of trust is the existence of a legally valid contractual relationship between the owner of the property and the possessor. The contract must be established with the free will of the parties, without any deception. If there is no valid contractual relationship between the perpetrator and the owner of the property, the conditions for the crime are not met.

Breach of Trust Due to Service

Breach of trust due to service is one of the aggravated forms of the crime. As stated in Article 155/2 of the Turkish Penal Code, the penalty for breach of trust due to service is increased. The crime occurs when the contract established between the owner of the property and the possessor is in the form of a service relationship. There must be continuity in the service relationship between the parties. If the possessor commits the crime while fulfilling a temporary request of the owner of the property without a continuous relationship, the simple form of the crime occurs.

Crime of Breach of Trust Due to a Business Relationship

When goods are delivered to a possessor as part of a commercial relationship, using those goods for purposes other than their intended use constitutes a breach of trust due to the commercial relationship. For example, if a company that is obligated to safeguard movable property delivered to it uses it to meet another need, it commits a crime of breach of trust due to the commercial relationship.

Breach of Trust Regarding Property Entrusted to Oneself in the Course of Profession or Art

If a person engaged in a profession disposes of goods entrusted to them for purposes other than those intended, the crime of breach of trust regarding goods left to them for the performance of their profession is committed.

Breach of Trust Regarding Goods Entrusted and Delivered Within the Scope of Authority to Manage Others' Property

This aggravated form of the crime occurs when goods entrusted or delivered under the authority to manage another person's property are used in a manner contrary to the intended purpose, or when the fact of the entrustment is denied. This is particularly common when wealthy individuals entrust the management of their assets to others. If the agent to whom the management authority has been granted abuses that authority through misuse of property, this serious form of the crime is committed.

Punishment for the Crime of Breach of Trust 

The length of the sentence varies depending on whether the crime is committed in its aggravated or simple form. For the basic form of the crime, simple breach of trust, the penalty is imprisonment for 6 months to 2 years and a fine. The law states that both imprisonment and a fine must be imposed simultaneously for this crime.

Depending on the circumstances, the penalty is imprisonment for one to seven years and a judicial fine of up to three thousand days. In cases of aggravated circumstances, the perpetrator should be sentenced to both imprisonment and a judicial fine.

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STJ. AV. Burak Yıldırır