THE CRIME OF MISUSE OF A SIGNATURE PLACED IN BLANK

The crime of misuse of a blank signature is regulated under Article 209 of the Turkish Penal Code. Examining the article, the conditions required in the first paragraph are as follows:

• A person who is given something to fill out in a specific style
• Signed and partially or completely blank paper
• Filling out this form in a way different from the reason it was given

Criminal aspects of the crime of misuse of a blank signature

Another point to consider here is whether this signed document was given voluntarily. In other words, the victim of this crime must have signed the document described above with their consent.

A person meeting these conditions will be punished with imprisonment for a period of three months to one year upon complaint.

• The punishment for the crime of misuse of a blank signature may be suspended , converted to a fine , or the pronouncement of the sentence may be deferred, provided certain conditions are met .
• The complaint period is six months from the date the crime is learned of. The ordinary statute of limitations is eight years.

Forgery provision in the crime of misuse of a blank signature

According to Article 209/2 of the Turkish Penal Code;

• A signed and partially or completely blank piece of paper
• Unlawful acquisition or possession of this document
• Filling in a way that will have legal consequences

A person meeting these conditions will be punished under the provisions of forgery of documents. The provisions of the crime of forgery of documents will also be evaluated in terms of statute of limitations and alternative sanctions. The crime of misuse of a blank signature is subject to reconciliation; therefore, the reconciliation procedure will be applied first. The competent court is the criminal court of first instance.

Element of Proof

the crime of misuse of a blank signature must prove their claim with written evidence. Otherwise, the case will be dismissed due to lack of evidence. The exceptions to the requirement of proof by written document, as stipulated in Article 203 of the Code of Civil Procedure, are also made here.

The same condition is not required for an allegation of illegal acquisition. In other words, there is no obligation to prove it with written evidence in this case.

What is the crime of misuse of a blank signature? What are the criminal implications of the crime of misuse of a blank signature? What is the role of legal support in the crime of misuse of a blank signature? How does the legal process work in the crime of misuse of a blank signature? You can obtain more information on these and similar issues from the lawyers in our firm.

Writer

Çiğdem KOÇAK