Allowing a bank or Papara account to be used does not always mean fraud. The recent decisions of the Supreme Court and the Constitutional Court give hope to those who are tried as defendants in fraud crimes and allow their accounts to be used.of the second nature.
Decision of the 11th Criminal Chamber of the Supreme Court
Court of Cassation 11th Criminal Chamber, dated 04.06.2024, 2021/16966 E., 2024/7470 K.
- Criminal Intent and Unfair Gain Will Be Investigated in Account Usage
The 11th Criminal Chamber of the Supreme Court of Appeals has made an important decision and has been a guide in practice. It was emphasized that in the incident that is the subject of the decision, the defendant, who had his account used by the other defendant who said his card was canceled with the trust stemming from acquaintance and whose share of the money that came to the account could not be proven, should be acquitted.
This decision sets an important precedent, especially in the evaluation of account use actions in fraud crimes. The Supreme Court emphasized that it should be meticulously investigated whether the defendant had criminal intent and made an unjust profit while allowing his account to be used.
- Importance of the Supreme Court Decision:
- It brings a new perspective to account use actions in fraudulent crimes.
- It emphasizes the importance of investigating the defendant's criminal intent and whether he has gained unjust profits.
- It could set a precedent for similar cases.
Constitutional Court Decision
- Right to Defense and the Principle of Equality of Arms
During the trial process, it is of great importance that the defendant's defense regarding the purpose for which the bank account was used is taken into consideration and that the court conducts the necessary investigation in this direction. Making a conviction decision without conducting the necessary investigation in line with the defendant's demands means restricting the right to defense and is contrary to the principle of equality of arms.
Constitutional Court, Application No: 2021/10332, Date: 18.07.2024
Conclusion:
The decisions of the Supreme Court and the Constitutional Court are an important development for those who have their accounts used in fraudulent crimes. These decisions will protect the rights of those who were convicted without charge and contribute to the provision of justice.
