DoctorateOpen Access

Abuse of trust in Turkish Penal Code

2019
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Advisor: Prof. Dr. Ümit Kocasakal

Abstract (EN)

The abuse of trust offense is arranged in the Turkish Penal Code (TPC) article 155. This article corresponds to abrogated article 508 in TPC no.765. In the abrogated TPC, this crime was called as "abuse of security" (emniyeti suistimal) as an Arabic counterpart. In old turkish language and arabic language "security" (emniyet) also means "confidence or trust". In the Turkish Constitution, the name of this offense is known as abuse of faith (İnancın kötüye kullanılması). In special laws, there are special kinds of embezzlement and qualified embezzlement offenses in Turkish Banking Law (article 160) and Turkish Military Penal Code (article 130,131) These are most known offenses similar to abuse of trust offense. However, it is a big mistake to think that there were no any other similar types of offenses that are shown in any other special laws. In Turkish Commercial Code (TCC), violation of the prohibition of borrowing debt to joint stock corporations (TCC article 358, article 395/2, article 562/5-b, c); in Turkish Insurance Law (TIL), embezzlement and qualified embezzlement (TIL article 35-3,4) and violation of the prohibition of asset reducing transactions (TIL article 19 and 35/17), embezzlement in Turkish Central Bank Law (TCBL article 68/II-b), embezzlement in The Individual Pension Savings and Investment System Law (IPSISL article 23/2) are another special kind of offenses.

Author

Dr. Çağatay Çınar

How to Cite

Çağatay Çınar (Doctorate thesis). Abuse of trust in Turkish Penal Code, 2019, Galatasaray University.

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