"Turkish Penal Code Article 155: The Crime of Breach of Trust and its Penalties"

Article 155 of the Turkish Penal Code regulates the crime of breach of trust. This crime occurs when property belonging to an individual is entrusted to another person within a specific relationship of trust, and this trust is abused. The basis of the crime is the relationship of trust established between the victim and the perpetrator. Material Elements of the Crime : 1. Perpetrator and Victim: The perpetrator of the crime of breach of trust is the person to whom the property is entrusted or who is responsible for its protection. The crime is committed when the person receiving the property uses it in a manner contrary to the owner's will. The victim is the owner or possessor of the property. 2. Subject of the Crime: The subject of the crime may be movable or immovable property belonging to the victim. The perpetrator obtains the property by acquiring a right of possession within a specific relationship of trust. This property may have been entrusted to the perpetrator's disposal through a deposit, loan, lease, or other means. 3. Act (Action): The crime of breach of trust occurs when the perpetrator uses the property entrusted to them without the owner's consent and in an unlawful manner. The perpetrator may use the property unlawfully for their own benefit or transfer it to third parties. For the crime to occur, disposition or use of the property is necessary. 4. Trust Relationship: For the crime to be committed, there must be a trust relationship between the perpetrator and the victim. This relationship is based on a reason that makes the perpetrator's disposition of the property lawful (deposit, agency, business relationship, etc.). Criminal Sanctions : According to Article 155 of the Turkish Penal Code, the criminal sanctions for the crime of breach of trust are determined in two stages:  Simple Form: The simple form of the crime occurs when the perpetrator unlawfully disposes of the property . In the simple form, the perpetrator is punished with imprisonment from three months to two years or a judicial fine.  Aggravated Form: The more serious and aggravated forms of the crime occur when the perpetrator misuses the property within a specific profession or business relationship. Crimes based on professional trust require heavier penalties because the perpetrator causes more serious harm through the breach of trust . The penalty for aggravated offenses is imprisonment for one to seven years and a judicial fine . Aggravated Circumstances (Turkish Penal Code Article 155/2): The second paragraph of Article 155 of the Turkish Penal Code regulates the aggravated circumstances of the crime of breach of trust . In these aggravated circumstances , the perpetrator's responsibility is more severe. Aggravated circumstances refer to situations where the perpetrator has a stronger relationship of trust and professional responsibility to commit the crime . In these cases, it is considered that the perpetrator has abused the trust relationship more seriously . Examples of Aggravated Circumstances:

 The crime is committed during a professional, artistic, or commercial relationship.  The crime of breach of trust is committed based on a service or agency relationship.  The perpetrator uses property for their own benefit when they are obligated to protect it. In these cases, the criminal penalty is more severe than in the basic crime. The increase in punishment is directly proportional to the magnitude of the responsibility borne by the perpetrator. Statute of Limitations A specific statute of limitations is stipulated for initiating a criminal case for the crime of breach of trust . In the basic form of this crime, the statute of limitations is 8 years. This period begins from the date the crime was committed. However, in cases involving aggravated circumstances , the statute of limitations may be extended. In these cases, the criminal statute of limitations can be increased up to 15 years, depending on the severity of the crime. Supreme Court Decisions on the Crime of Breach of Trust The Supreme Court has established many precedents regarding the crime of breach of trust, evaluating the elements of this crime through concrete cases. Below are examples of the crime of breach of trust supported by Supreme Court decisions. The 6th Criminal Chamber of the Court of Cassation, Case No. 2017/2327 E., Decision No. 2018/3845 K., ruled that the defendant used company equipment for personal purposes, exceeding the authority granted to him. The Court of Cassation determined that the existing trust relationship between the employer and the defendant was abused, and that the crime of breach of trust was committed through the unlawful use of the employer's property . Conclusion: The commission of the breach of trust within the scope of employment relations was considered an aggravated offense, and the defendant was given an increased sentence. The 15th Criminal Chamber of the Court of Cassation, Case No. 2020/1456 E., Decision No. 2020/3456 K., ruled that the defendant sold a property belonging to the victim to third parties using a power of attorney. The Court of Cassation determined that the power of attorney relationship is based on trust, and that the abuse of this trust constituted an aggravated offense. Conclusion: Cases of breach of trust based on power of attorney relationships have consistently resulted in harsher penalties by the Court of Cassation. Breach of trust is met with more serious penalties in cases involving responsibility, such as agency relationships. The 15th Criminal Chamber of the Supreme Court of Appeals, in case number 2018/4354 E., 2019/725 K., found that the defendant unjustly sold the vehicle entrusted to him by the victim and used the proceeds for his own benefit. The Supreme Court determined that the vehicle was given to the defendant on loan and that the defendant misused this trust to obtain unjust enrichment. In conclusion , the Supreme Court, considering the unjust use of entrusted property as a crime of breach of trust, ruled that the perpetrator should be punished in such cases .

The crime of breach of trust occurs particularly when goods entrusted within a relationship of trust between property owners and employers are misused. The perpetrator's unlawful disposition of the property and the fact that this act is carried out within a relationship based on trust are the fundamental elements of the crime. Supreme Court precedents emphasize the serious consequences of abusing trust relationships . If the perpetrator gains unfair advantage by abusing trust arising from an employment relationship, agency, or escrow relationship , this leads to increased criminal penalties. Consequently, the crime of breach of trust holds a significant place in the legal system for both property owners and individuals bearing professional responsibilities based on trust relationships