Debit crime according to article 160 in banking code and article 247 in Turkish Criminal Code

Debit crime, a type of offense committed against public goods, is adjudicated in the Turkish Criminal Law, numbered 5237, articles between 247-249. In fact, debit is a crime, a kind of abusing duty. For this reason, it is a criminal offense for the abuser to abuse his influence because he is a special aspect of the crime of abuse and abuse of goods that have been handed over because of the misdemeanor charge was committed as a separate offense. For this reason, this crime is a special aspect of the offense of abuse The perpetrator of the criminal offense, which is specially defined in law and works in the public domain. Because embezzlement is a committed crime, it is possible for a non-public officer to participate in this crime. According to article 247 Turkish Criminal Code, objective elements of the offense of Debit Penalty is "the property of the public officer in possession or under the protection and supervision of the embezzlement of the person himself or someone else", and the subjective element of the offense is the general intent. In the field of Banking Law, it was initially accepted that the banks, other than the state banks, are private legal entities, but because of the main constituent of the economy and the deposits of the people, the assets of the banks are also protected for public purposes. For this reason, in Article 160 of the Banking Law No. 5411, it is a criminal offense that bank employees, bankers and deposit owners will be subjected to embezzlement at the expense of their owners. This crime is regulated under the Banking Law as a specified crime. This crime was constituted as a crime of abuse of security and it was regulated as a separate offense because of its importance starting from the Banking Law No. 4389. However, since the employees of state banks are not subject to retirement and they are in the same status as those employed in private banks, they are no longer responsible for embezzlement but are responsible for the banking under the Banking Law No. 5411. Embezzlement offense is from crimes committed against the credibility and functioning of the public administration however Banking embezzlement offense is an economic crime affecting the social area in a more general sense. In addition to the common characteristics of these two crimes organized under the Penal Code and the Banking Law, protection of public goods is aimed at general embezzlement, and protection of the assets of banks and deposit owners in accordance with the public good is constitutional issue of separation of embezzlement crime in the field of banking is the theme of the thesis.