Crime of Tampering with a Promissory Note

Negotiable instruments (promissory notes, bills of exchange, checks), frequently used in various fields today, are special documents regulated under the Turkish Penal Code. If the conditions necessitating alterations to a negotiable instrument arise, the consent of both parties is required. Either the original instrument is destroyed by mutual agreement, or, to prevent loss of rights on an endorsed instrument, the instrument can be altered with the debtor's signature. Furthermore, according to the Turkish Penal Code, unilateral alterations or manipulations made to special negotiable instruments are considered a crime of forgery of an official document.

Scope of the Crime of Forgery in Documents

The crime of forgery of a promissory note is not considered a crime subject to complaint. Indeed, the victim is the state, and the lawsuit is filed by the state against the perpetrator. The crime of tampering with a promissory note generally involves:

• Changing the number on the promissory note
• The promissory note was forged
• Altering the promissory note in a way that deceives others
• This is committed by using a forged document.

Punishment for the Crime of Tampering with a Document

According to Article 204 of the Turkish Penal Code, a person who falsifies an official document, alters a genuine official document in a way that deceives others, or uses a forged official document shall be punished with imprisonment from 2 to 5 years.

Negative Declaratory Action in the Crime of Tampering with a Promissory Note

A victim whose debt has been increased through alterations to a promissory note, or who has been falsely accused of owing money, can file a negative declaratory judgment lawsuit to prove their innocence and investigate the existence of the crime of tampering with a promissory note.

Statute of Limitations for the Crime of Forgery of a Document

In the case of forgery of a promissory note, which is not subject to complaint, there is no complaint process that would lead to a statute of limitations. However, the statute of limitations for forgery of an official document is 8 years. Nevertheless, the statute of limitations for forgery of a promissory note reported to the prosecutor's office by the complainant will also be 8 years.

For more information on this matter, you can consult with our firm's experienced criminal defense lawyers.

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