Crime and Punishment of Counterfeiting in Private Document (TCK 207)
The crime of forgery in a private document is laid down in the Turkish Criminal Code No. 5237 Crimes Against Public Trust in its category, regulated in article 207.
Forgery in the specific document is defined in the law as follows “” A person who issues a private document as a fake or modifies and uses a real private document in such a way as to deceive others is punished.
Whoever knowingly uses a forged special document of this nature shall also be punished in accordance with the provision of the paragraph above.”
A distinction is made in paragraph 1 of the article of the law in which the crime takes place, persons who edit or modify the document, and in paragraph 2 who knowingly use the forged document.
As an element of the crime of forgery, it is sought that the document that is the subject of the crime has the ability to deceive. Whether there is the ability to deceive in the special document is determined not by the personal characteristics of the victim of the crime, but by the objective characteristics of the special document.
The crime of forgery in the special document can be committed on the written document. Also, the crime of forgery in private paperwork can be committed on the document having legal value. That is, there must be a written document in the middle and that document has a legal value.
How the Crime of Counterfeiting in a Private Document is Committed
The crime of forgery in the special document is one of the types of elective movable crime. The movements that constitute the crime in question, that is, the legal elements are as follows;
- issuance and use of a special document as a fake,
One of the actions that constitute the crime in question is to issue the special document as a fake. It is produced as a fake as if it is not available on the basis of a special document. The thing to note here is that it is manufactured as if it existed without any documents in the middle. E.g.; a fake lease agreement, such as a contract of sale.
- making changes to the document in such a way as to deceive others,
The crime can also be committed by altering a real private document in such a way that it deceives others. With this selective action, changes are made by deleting or adding to the specific document that exists in essence. In order to be able to speak of forgery on the specific document that is available, the modification made must be of a deceptive nature. Otherwise, the crime of tampering with the special document occurs. For example, increasing the rental figure in an existing lease or lowering or increasing the sale price in a sales contract.
In order for the crime in question to be completed, it is necessary to use the issued forged document, in addition to the realization of one of these two electoral actions.
For the crime to occur, its use as an element must take place.Without use, the purpose is to try to ensure that this forged document is taken into account in any legal relationship or in any legal process facility.That is, this forged document, which is issued or modified, must surely be used.
- Deliberate use of forged document
In the second paragraph of the article, the use of a special document, which was issued by others as a fake, is defined as a crime. In order for this offense to occur, the person using it must know that the document is a fake. That is, this crime can only be committed with direct intent. So this crime is a crime that can be committed knowingly and willingly.
With the commission of any of the above three electoral acts, the crime of forgery in the special document is formed.A single penalty is also imposed on the perpetrator if the above three acts are committed by the same perpetrator at separate times, but with the same special document.
Some documents that can be an example of a crime of forgery in the private document; lease agreement, invoice, subscription agreement, sales contract, employment contract, private doctor's report, declaration of entry into work, etc.
Punishment of the Crime of Counterfeiting in a Private Document
A person who edits a private document as a fake or modifies and uses a real private document in such a way as to deceive others, punishable by imprisonment from one year to three years. (TCK 207/1)
-The person who uses a fake private document knowing this feature is also punished in accordance with the provision of the above paragraph. (TCK 207/2)
Requires Less Punishment
In accordance with Article 211 of the TCK,
- Proof that you will receive based on a legal relationship, or
- The penalty will be reduced in case of commission of a crime of forgery in the document with the aim of documenting a factual situation.
Is the crime of forgery in private documents a crime linked to the complaint?
The crime of forgery in the special document is not one of the offenses connected with the complaint. Therefore, if it is found out by the investigating authority within the limitation period of the case (for 8 years), the investigation of the crime will be carried out.
Conversion of the Punishment for the Crime of Forgery in the Special Document into Option Sanctions
For the punishment to be issued as a result of the crime of forgery in the Special Document, this penalty is met if the legal conditions have been met can be translated into a judicial fine.
- For the punishment to be issued as a result of the crime of counterfeiting in the Special Document if the legal conditions have been met Procrastination provisions may apply.
- For the punishment to be issued as a result of the crime of counterfeiting in the Special Document if the legal conditions have been met the decision to withhold the disclosure of the provision may be enforced.
Competent and Competent Court for the Crime of Counterfeiting in Private Document
The court in charge of the crime of forgery in the Special Document is the Administrative Criminal Courts. In accordance with the rules of jurisdiction contained in the Code of Criminal Procedure from the point of view of the competent court, the court where the crime was committed shall be the competent court.
Counterfeiting Lawyer in Private Document
In the Special Document, it will certainly be in your favor to file your defense together with a criminal lawyer, since they are crimes punishable by law as criminal offenses. It does not matter where the lawyer who handles the criminal cases you will work with is located or where the crime was committed. It does not make any difference if your case is heard in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses. The important criterion here is that the lawyer with whom you are going to work effectively defends. That is why you do not need to search for criminal lawyer Istanbul, criminal lawyer Bakırköy, criminal lawyer Çağlayan, criminal lawyer Kartal.