Criminal Forgery of Private Document TCK
The crime of Forgery of Private Document is to create a private document that does not actually exist. In addition, making changes on an existing document by deleting, changing or adding is also a crime of falsification in a private document. In order for the said crime to be committed, it is obligatory to use documents as well as to prepare documents. The purpose of using the document is to ensure that the document is taken into account in all legal relations or transactions. Even if a person does not falsify a private document, it is still a crime to knowingly use it even though he knows that it has been falsified.
What is Private Document?
Like official documents, private documents are also documents that have the quality of evidence and can have legal consequences. Private documents are documents that the officer does not give due to public office. In other words, written documents other than official documents are also considered as private documents. Parts of a special document; It must be in writing, its content must be protected by law, and it must know who the organizer is. The evidential power of a private document is not as strong as that of an official document. Because the content of an official document is considered correct until proven otherwise in an official document.
Supreme Court Decision Regarding Fraud in Private Document
In order to benefit from the campaign, the Forgery of Private Document accused put his photo on the identity photocopy of the victim, who is a friend of …, went to the authorized dealer of …, declared that he was the owner of the line number belonging to the victim, and bought a laptop from the workplace named … with the voucher given by … within the scope of the campaign. In the case where it is alleged that the money for the shopping is paid every month by reflecting on the victim’s phone fee, the accused signed the campaign commitment letter dated 24.02.2011, dated 24.02.2011, with the name of the victim, while purchasing a computer using the telephone line on behalf of the victim; Since there was no mistake in the court’s acceptance that the defendant’s act constituted the crime of forgery in a private document, the opinion requesting annulment in the communiqué was not attended. phase was considered possible.
It is understood from the scope of the whole file that the trial was conducted in accordance with the law, the issues put forward in the claim and defense were shown and discussed in the reasoned decision, the evidence obtained by lawful methods was evaluated and it was determined that the act was committed by the accused, the character of the crime was determined correctly, the punishment was applied within the legal margin of appreciation, the reasons for the appeal of the accused It was unanimously decided on 09.11.2021 that the judgment be APPROVED.