TCK Article 155: A person who uses the property in someone else's possession for purposes other than the purpose for which it was delivered to him or who gives it free of charge for his own benefit/for the benefit of someone else.
Penalties
- Simple: 6 months - 2 years imprisonment + judicial fine
- Goods delivered in accordance with the service contract: 1-3 years
- As a proxy: 1-3 year
Typical Examples
- Selling entrusted vehicle
- Using customer money
- Personal use of company property
- Seizure of rent payment by lawyer
- Property given for safekeeping
Difference from Theft
- Theft: Property belongs to the victim in possession
- Abuse of trust:The property is in the possession of the perpetrator (but the property belongs to the victim)
Complaint
- Based on the complaint (simple)
- Ex officio (as per the service contract)
- Complaint period is 6 months
Supreme Court 11. CD
11. CD adopts that in the crime of breach of trust, the "purpose of delivery" must be clear and that use against the intended purpose constitutes a crime.
Criminal defense counsel is recommended.