Abuse of trust in the Palestinian Penal Code and the Turkish Penal Code

The crime of breach of trust is regulated in law 155 of the Turkish Penal Code No. 5237 and also regulated in law 422 of the Palestinian Penal Code. In Article 155 of the Turkish Penal law states that "On property belonging to someone else, whose possession has been transferred to him for preservation or use in a certain way, for the benefit of himself or someone else..." In Article 422 of the Palestinian Law it is defined as the crimes "If the goods possession, money, goods, any deed containing a commitment or release, or all of them are in the possession of the person for the purpose of display and return by way of display or in certain ways or for the purpose of preservation or for the execution of the business - either for a fee or free of charge.''.- The breach of trust; it could be that the suspect or the accused seizes the property or something entrusted to someone due to the existence of a trust relationship established between him and the complainant through an escrow contract, by betraying the trust given to that person under this contract or by transferring the possession of the property to someone else, by transforming the property from deficient property into full ownership. The legal value protected with this crime is the right to property and the relationship of trust between individuals. In terms of the subject of the crime of breach of trust, there are some differences between the Turkish Penal Code and the Palestinian Penal Code regarding the commission of the crime on movable or immovable property. According to the Palestinian penal code, it is not possible to commit the crime of breach of trust on immovable property. In other words, immovable property does not constitute the subject of this crime. According to the Turkish Penal Code, the crime could be happened to movable or immovable property can be the subject of the crime of breach of trust. The punishment for the crime breach of trust, both Palestinian law and Turkish law are imprisonment and a judicial fine with a varying duration. According to the Palestinian Penal Code, a judicial fine of ten to one hundred dinars is foreseen, while according to the Turkish Penal Code, there is a prison sentence of six months to two years and no judicial fine has been determined in Turkish penal code. Contrary to the Turkish Penal Code, in the Palestinian Penal Code, effective remorse is not clearly stated as one of the reasons for reducing the sentence in terms of breach of trust.