Forgery of an Official Document (TCK Article 204/1) – Decision to Dismiss

The court decisions published in this section were obtained in cases in which Attorney Mert Sönmez personally acted as counsel and defense counsel.

REPUBLIC OF TÜRKİYE

*** COURT

CASE NO: ***

DECISION NO: ***

REASONING

REASONING

Upon a joint assessment of the allegation, the complainant’s statement, the manner in which the incident occurred, the evidence collected and the entire case file:

Although a criminal action was brought seeking punishment of defendant *** for forgery of an official document pursuant to Article 204/1, the date of the offense was 10.10.2006, the statutory limitation period prescribed for the offense was eight years, and the extended limitation period was four additional years, equal to one half of the ordinary period. It was therefore decided, pursuant to TCK Articles 66 and 67, to dismiss the criminal action brought against defendant ***; to sever the proceedings against defendant ***, register them under a new case number and continue the trial under that case number; and judgment was rendered as follows.

JUDGMENT

JUDGMENT: For the reasons set forth above:

1–Although a criminal action was brought seeking punishment of defendant *** for forgery of an official document pursuant to Article 204/1, since the date of the offense was 10.10.2006, the statutory limitation period prescribed for the offense was eight years and the extended limitation period was four additional years, equal to one half of the ordinary period, the criminal action brought against defendant *** is DISMISSED pursuant to TCK Articles 66 and 67.

2–The proceedings against defendant *** are severed, registered under a new case number and shall continue under that case number.

3–The original cheque registered under entry *** at the Büyükçekmece Judicial Depository shall be requested for transmission for expert examination.

Upon receipt of the original cheque, it shall be delivered to an expert for examination without awaiting the hearing date.

4–A writ shall be sent to the Yalova Provincial Police Directorate requesting an address inquiry in respect of witness ***.

As regards ruling no. 1, an appeal lies before the Istanbul Regional Court of Appeal; as regards interim ruling no. 2, an objection lies before the Bakırköy *** High Criminal Court. These remedies may be sought within seven days from pronouncement or service by a petition submitted to this Court or by a statement made to the court clerk and entered in the record. If no appeal or objection is filed within seven days from pronouncement or service, the decision shall become final. The unanimously rendered decision, consistent with the Public Prosecutor’s opinion, was read aloud and duly explained in the absence of the parties and with the participation of the Public Prosecutor. 02/05/2019