THE CRIME OF USURY (TCK 241)
The crime of usurping is an economic crime committed under the heading of Crimes Related to Economics, Industry and Commerce of the Turkish Penal Code.
Smuggling, which is regulated in Article 241 of the Turkish Criminal Code, is a crime consisting of “lending money” to a person directly or “forging checks, promissory notes” or “withdrawing money from a POS device with a credit card” for the purpose of making a profit.
Banditry
Article 241- (1) A person who lends money to another person for the purpose of obtaining a profit is punished with imprisonment from two years to five years and a judicial fine of up to five thousand days.
In the text of the article, banditry is defined as an actual crime.
- The crime of usury is one of those crimes that can be committed intentionally.
- It is necessary that the defendant acted with the intention of making money.
- Anyone can be the perpetrator of the crime.
- Participation in the crime of usury is possible.
- It is accepted that the crime can be committed in the form of chains.
- The person who allegedly borrowed money for interest in the Supreme Court application victim of the crime of usury is recognized as.
- In addition, in the crime of usury, the consent of the victim is not considered a reason for compliance with the law.
Forms of execution of the crime of usury
1. The Crime of Smuggling Committed by Lending Money by Lending Interest
It is the lending of money with direct interest (at exorbitantly high interest) to make a profit at the will of a person in economic distress. It does not matter how the borrowed money is issued and the Money can be given by hand delivery, wire transfer or EFT. What is to be borrowed must necessarily be money. Otherwise, there can be no mention of the crime of usury, but there is no requirement that the person who will repay it with money. In return for himself, he will be able to repay with gold, real estate, car.
2. The crime of usurpation by forging promissory notes or checks
A crime will be considered committed if an individual in economic distress is transferred for a lesser amount as a promissory note and converted into cash. With this method, a check that has not yet matured is transferred to someone else for less than the amount written on the bond or promissory note. Although it is not stated that the money was not given, there are opinions based on the fact that it does not constitute a crime of usury in practice, there are opinions in the decisions of the Supreme Court that consider it sufficient in terms of this actual usury. In the views of the Council of State, there are different opinions as to whether the act of breaking a check or promissory note is a sufficient act in terms of the crime of usury.
3. The Crime of Smuggling by Withdrawing Money by Putting a Commission from a Pos Device
It is processed by collecting money with a credit card without actually making purchases with a credit card. It is processed through the payment of a lower amount than the money withdrawn from the credit card of the person who will receive money in the credit card deposit. The payer receives a commission for the amount withdrawn from the credit card. For example, the person who needs the money appeals to the usurper and indicates that he needs 15,000 TL, while the moneylender, who will give the money, withdraws 20,000 TL from the credit card and gives 15,000 TL to the victim. This is how POS usury is processed.
Punishment for the crime of usurping (TCK 241)
The punishment for the crime of usurping is as follows:
- A person who lends money to someone else for the purpose of obtaining earnings is punished with imprisonment from two years to six years and a judicial fine from five hundred to five thousand days (TCK 241/1).
- The penalty for committing a crime within the framework of the activity of an organization is increased by one fold (TCK 241/2).
Specific security measures are provided for legal entities whose benefit is unjustified by the commission of the crime of usurping. (TCK 242)
Evidence in the Crime of Smuggling
The most important point in proving the crime of usury is to determine whether there is a relationship between the victim and the perpetrator of the crime in the ordinary course of life, other than the exchange of money. In this framework, it is investigated whether there is a close kinship relationship between the perpetrator and the victim, a long-standing friendship or neighborly relationship.
The sources that can be referred to regarding proof in the crime of usury for the reasons mentioned above are the decisions of the Supreme Court. In its decisions on this issue, the Supreme Court based the kinship and business relationship between the persons. The absence of such a relationship between persons is considered evidence of the existence of a crime of usury.
also The crime of usury The existence of documents that the suspected perpetrator lent money to others is important in proving the crime. The names written on the seized papers must be heard as witnesses.
Complaint in the Crime of Smuggling
The crime of usurping Follow-up Complaint-Related Offenses It is not between. The crime is being investigated by the prosecutor's office public case opens. Do not give up the complaintdoes not entail the result of the dismissal of the criminal case.
Settlement in the Crime of Possession
The crime of committing usury is not one of the crimes covered by the settlement.
Competent and Competent Court in the Crime of Smuggling
The task of conducting a trial on the crime of usury is carried out by the criminal court at issue. The competent court, on the other hand, is the courts where the crime was committed.
Robbery Lawyer
It will certainly be in your favor to file your defense together with a criminal lawyer, since it is a criminal offense as a criminal offense as it is a criminal offense and the penalties given are high. It does not matter where the lawyer who handles the criminal cases in which you are going to work is or where the crime was committed. It makes no difference if your case is seen 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. Therefore, when searching, you do not need to search for criminal lawyer Istanbul, Criminal Lawyer Bakırköy, Criminal Lawyer Çağlayan, Criminal Lawyer Kartal.
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