Criminal Cases - Breach of Trust Offence and Penalties | Ümraniye

Criminal Cases - Breach of Trust Offence and Penalties | Ümraniye The offence of breach of trust under Turkish criminal law may arise where property is initially delivered to another person with the owner's consent for safekeeping or a specified use, but the recipient subsequently disposes of that property contrary to the purpose of delivery or denies the transfer of possession. The offence is regulated under Article 155 of the Turkish Criminal Code No. 5237 and may arise particularly in connection with bailment, rental arrangements, commercial relationships, professional activities, service relationships and authority to administer another person's property. One of the defining characteristics of breach of trust is that possession of the property is initially transferred lawfully and voluntarily. The criminal issue generally arises from what happens after the delivery. Under Article 155/1, where possession of property belonging to another person has been transferred for safekeeping or a particular use, and the recipient disposes of it for his or another person's benefit contrary to the purpose of the transfer or denies that the transfer occurred, the basic form of breach of trust may arise. The statutory penalty is imprisonment from six months to two years together with a judicial fine. Article 155/2 provides a more serious form where the property was entrusted because of a profession, craft, commercial or service relationship, or pursuant to authority to administer another person's property. The statutory penalty is imprisonment from one to seven years together with a judicial fine of up to three thousand days. A significant amendment entered the statutory framework at the end of 2025. Under the newly added Article 155/3, where the subject matter of the offence is a motor land, sea or air vehicle, the penalty determined under the preceding paragraphs is increased by one fold. What Is Breach of Trust Under Turkish Criminal Law? The offence is based on the misuse of possession that was initially transferred for a legitimate and limited purpose. The property does not initially enter the offender's possession unlawfully. Instead, the owner or lawful possessor voluntarily transfers possession for safekeeping, use or another defined purpose. The criminal issue may arise where the recipient subsequently: uses the property outside the purpose of delivery, disposes of it as if he were the owner, sells it, transfers it to another person, consumes it, refuses to return it in circumstances demonstrating an unlawful disposition, denies that possession was ever transferred. Not every contractual breach or failure to return property automatically constitutes a criminal offence. All statutory elements of Article 155 must be established. What Are the Elements of the Offence? The principal elements include: property belonging to another person, transfer of possession to the offender, transfer for safekeeping or a specified use, disposition contrary to the purpose of the transfer or denial of the transfer, benefit for the offender or another person, criminal intent. The circumstances of the original delivery are therefore central to the legal analysis. Why Is Voluntary Delivery Important? Voluntary delivery distinguishes breach of trust from several other property offences. In theft, for example, property is generally taken without the possessor's consent. In breach of trust, possession initially passes with consent. The alleged illegality develops later when the recipient exceeds the limits of the entrusted possession. Does Every Failure to Return Entrusted Property Constitute a Crime? No. The mere fact that property has not been returned does not automatically establish Article 155. The court or prosecution must consider the purpose of delivery, contractual relationship, date on which return became due, subsequent dealings with the property and the offender's intent. The distinction between a civil dispute and criminal conduct is essential. Is Every Breach of Contract a Criminal Breach of Trust? No. Failure to perform a contractual obligation or pay a debt does not by itself establish criminal liability. There must be conduct satisfying the statutory elements of Article 155. Criminal proceedings should not be used merely as a substitute for civil debt collection. What Is the Difference Between Breach of Trust and Fraud? Fraud generally involves deceptive conduct causing another person to act to his detriment and resulting in an unlawful benefit. Breach of trust is structurally different because possession is initially transferred voluntarily for a legitimate purpose and the misuse occurs afterwards. The circumstances existing at the time of delivery are therefore particularly important. What Is the Difference Between Breach of Trust and Theft? The key distinction is consent to possession. In theft, property is taken without the possessor's consent. In breach of trust, possession is initially transferred voluntarily. What Is Aggravated Breach of Trust Due to a Service or Commercial Relationship? Article 155/2 applies where the entrusted property was delivered because of: a profession, a craft, a commercial relationship, a service relationship, authority to administer another person's property. The special relationship between the parties forms the basis for the aggravated statutory treatment. What Is the Penalty Under Article 155/2? The statutory penalty is one to seven years' imprisonment and a judicial fine of up to three thousand days. The existence of a service or commercial relationship alone is not necessarily sufficient. The property must have been entrusted in connection with the relevant relationship. Can an Employee Commit Breach of Trust Against an Employer? Potentially, yes. Where an employee receives money or property as part of his duties and subsequently appropriates or disposes of it contrary to the purpose for which it was entrusted, Article 155/2 may become relevant. The employee's authority, duties and circumstances of delivery must nevertheless be established through evidence. Can Breach of Trust Arise in a Commercial Relationship? Yes. Property entrusted as part of a commercial relationship may fall within Article 155/2. However, an unpaid commercial debt is not automatically a criminal offence. The prosecution must establish conduct involving the entrusted property that falls within the statutory definition. What Changed for Vehicles in 2025-2026? A new third paragraph was added to Article 155 on 24 December 2025. Where the subject matter of breach of trust is a motor land, sea or air vehicle, the penalty determined under Article 155/1 or 155/2 is increased by one fold. This is particularly important for current disputes involving automobiles, motorcycles and other qualifying motor vehicles. Is Failure to Return a Rental Vehicle Automatically a Crime? No. Failure to return a rented vehicle must be examined in light of the rental agreement, termination, return obligations, notices, communications between the parties and the alleged offender's intent. However, conduct exceeding the agreed scope of possession may potentially fall within Article 155. For offences falling within the new vehicle provision, Article 155/3 must also be considered. What If an Entrusted Car Is Sold? Where a vehicle was delivered only for safekeeping or limited use but the recipient sells it as if he were the owner, the conduct may constitute a disposition contrary to the purpose of transfer. If all statutory requirements are satisfied, the vehicle-specific enhancement under Article 155/3 may also become relevant for offences to which the new provision applies. Does Initial Consent Prevent Criminal Liability? No. Initial consent is in fact characteristic of breach of trust. The key issue is the scope and purpose of that consent. Consent to use a vehicle does not necessarily constitute consent to sell or permanently transfer it. Are Motor Sea and Air Vehicles Included? Yes. Article 155/3 expressly refers to motor land, sea and air vehicles. Is Intent Required? Yes. The offence requires intentional conduct. The prosecution must establish the mental element in addition to the physical acts. A genuine misunderstanding, negligence or contractual interpretation dispute should not automatically be transformed into criminal liability. Can Selling Entrusted Property Constitute the Offence? Potentially, yes. Selling property that was entrusted solely for safekeeping or limited use may constitute a disposition inconsistent with the purpose of transfer. The precise authority granted to the recipient must nevertheless be examined. What If the Recipient Denies Receiving the Property? Article 155 expressly includes denial of the transfer of possession as an alternative form of the offence. Accordingly, knowingly denying that entrusted property was delivered may satisfy the statutory conduct requirement where the remaining elements are present. Must the Property Be Physically Damaged? No. The offence is not limited to physical destruction or damage. Unauthorized sale or transfer may be legally relevant even where the property remains physically intact. What Evidence May Be Used? Depending on the case, relevant evidence may include: contracts, delivery records, custody forms, invoices, bank records, payment documents, notarial notices, messages, e-mails, CCTV recordings, vehicle delivery documents, registration records, commercial books, company records, witness statements, expert reports, enforcement files. Evidence showing why and when possession was transferred is often particularly important. Is a Written Contract Mandatory? No. Article 155 does not universally require a written contract. However, where no written agreement exists, proving the purpose and limits of the transfer may become more difficult. Messages, witnesses, payment records and other evidence may therefore become important. Can WhatsApp Messages Be Evidence? Communications between the parties may help establish the purpose of delivery, requests for return and admissions concerning possession. Digital evidence must nevertheless have been lawfully obtained, and authenticity may need to be examined where disputed. Is a Notarial Notice Mandatory? No general rule requires a notarial notice in every breach of trust case. Nevertheless, a notice may provide important evidence concerning termination of a contractual relationship, the date on which return was requested and the recipient's knowledge of the demand. Does Returning the Property Later Eliminate the Offence? Not automatically. If the offence had already been completed, subsequent return does not necessarily mean that no offence ever occurred. However, restitution, compensation and reconciliation may have separate consequences under criminal law. Is Breach of Trust Subject to Mediation/Reconciliation in Criminal Proceedings? Under the current version of Article 253 of the Criminal Procedure Code, breach of trust under Article 155 is included within the reconciliation regime except for paragraph three. Accordingly, offences under Article 155/1 and Article 155/2 may fall within reconciliation procedures. A 2026 Court of Cassation decision also applied the reconciliation rules to aggravated breach of trust arising from a service relationship. The vehicle-specific provision in Article 155/3, however, is expressly excluded from this scope under the current statutory wording. Why Is This Distinction Important in 2026? The distinction has become especially important following the addition of Article 155/3. Older materials explaining that Article 155 offences are generally subject to reconciliation may no longer fully describe the current statutory structure for vehicle-related cases. For current offences, the applicable paragraph must therefore be identified before determining the procedural consequences. Is the Basic Form Subject to Complaint? Yes. Article 155/1 expressly states that the basic offence is prosecuted upon complaint. The general six-month complaint period becomes relevant, beginning from the point at which the person entitled to complain learns of the act and the identity of the offender, subject to the applicable statutory rules. Court of Cassation decisions have treated failure to file a timely complaint in Article 155/1 cases as a ground for dismissal of the proceedings. Is Article 155/2 Subject to Complaint? Article 155/2 does not contain the "upon complaint" wording found in paragraph one. Accordingly, the prosecution regime for the aggravated form differs from the basic form. At the same time, Article 155/2 remains within the reconciliation framework under the current Article 253 of the Criminal Procedure Code. Complaint requirements and reconciliation should therefore not be confused. Which Court Tries Breach of Trust Cases? Proceedings under Article 155 are generally heard by the Criminal Court of First Instance, subject to the final legal characterization of the conduct. If the facts constitute a different offence carrying different jurisdictional rules, the competent court may change. How Is Territorial Jurisdiction Determined? Territorial jurisdiction is determined under the general rules of the Criminal Procedure Code. The place where the offence was committed is generally central. Depending on the case, the place where the property was entrusted, where the unlawful disposition occurred or where the transfer was denied may become relevant to the jurisdictional analysis. What Should Be Included in a Criminal Complaint in Ümraniye? A complaint should clearly explain: who owns the property, when possession was transferred, why it was transferred, what the recipient was authorized to do, how that authority was allegedly exceeded, whether and when return was requested, when the conduct was discovered, what evidence is available. This assists in distinguishing a contractual dispute from conduct potentially falling within Article 155. What Are Common Mistakes in Breach of Trust Cases? Common problems include treating every unpaid debt as a criminal offence, assuming every failure to return property automatically constitutes breach of trust, confusing the offence with theft or fraud, failing to distinguish Article 155/1 from Article 155/2, overlooking the complaint period and failing to apply the updated vehicle rules introduced at the end of 2025. The last point is especially important in 2026 because Article 155/3 now provides a specific penalty enhancement for motor land, sea and air vehicles. Ümraniye Criminal Lawyer and Breach of Trust Cases In an alleged breach of trust occurring in Ümraniye, the legal analysis should identify: ownership of the property, the recipient of possession, the purpose of delivery, the recipient's authority, the alleged unauthorized disposition, the existence of a professional, commercial or service relationship, whether authority to administer another person's property existed, whether the subject matter is a motor vehicle, whether a complaint requirement applies, whether reconciliation procedures apply, the available evidence. These issues are particularly relevant to searches concerning Ümraniye criminal lawyer, breach of trust lawyer in Ümraniye, Article 155 Turkish Criminal Code, aggravated breach of trust, failure to return entrusted property, failure to return a rental vehicle, vehicle breach of trust offence and criminal lawyer on the Asian side of Istanbul. Conclusion Breach of trust is a property offence arising where possession of another person's property is initially transferred lawfully for safekeeping or a specified purpose but is subsequently misused for the benefit of the recipient or another person, or where the transfer of possession is denied. Article 155/1 provides the basic form of the offence and prescribes imprisonment from six months to two years together with a judicial fine. Where the offence concerns property entrusted because of a profession, craft, commercial or service relationship or authority to administer another person's property, Article 155/2 provides imprisonment from one to seven years together with a judicial fine of up to three thousand days. For 2026 cases, the new Article 155/3 is particularly important. Where the subject matter is a motor land, sea or air vehicle, the penalty determined under the preceding paragraphs is increased by one fold. The current reconciliation rules also distinguish the new third paragraph. Article 253 of the Criminal Procedure Code includes breach of trust within reconciliation except for Article 155/3. Accordingly, a proper assessment of an Ümraniye breach of trust case requires examination of the original purpose of delivery, the legal relationship between the parties, the scope of the recipient's authority, subsequent dealings with the property, criminal intent, complaint requirements, reconciliation rules, the evidence available and, for vehicle cases, the new statutory framework applicable in 2026. For matters concerning an Ümraniye criminal lawyer, Ümraniye breach of trust lawyer, breach of trust offence and penalties, Article 155, aggravated breach of trust, entrusted property not returned, rental vehicle not returned, motor vehicle breach of trust and Istanbul Asian Side criminal lawyer, each case should therefore be assessed according to its individual facts and the current legislation.