The embezzlement crimes regulated by the banking law no. 5411

The banking embezzlement crime regulated in Article 160 of the Banking Law No. 5411 is in fact composed of two different offences. The doctrine defines the first as the banking embezzlement crime. With the aim of protecting the trust held towards banks, fraudulent actions intended to cloak the act of embezzlement forms the qualified state of the crime of banking embezzlement. The second offence regulated is defined by the law as hypothetical embezzlement, or embezzlement-like crime, or dominant-shareholder embezzlement. Embezzlement is defined by doctrinal and case law as the act of the use of goods as if the user was the beneficial owner, or the acquiring of goods. The Banking Law applies the banking embezzlement crime provisions to persons who unlawfully gain possession of the goods owned or held by the bank. In order to better understand the banking embezzlement crimes, the first of the three chapters of this study examines some general concepts about banking law and the historical development of the crime. The second chapter will look at the elements of the crime in its qualified and non-qualified form, as well as the offence's application in the field of credit agreements. The final chapter focuses on the crime defined in section three of article 160, as well as the relevant provisions concerned with the reasoning to be applied to effective remorse.