The Offence of Breach of Trust in Turkey and Its Penalty (TCK Article 155)

Breach of trust is an offence that occurs when a person entrusted with property for safekeeping or a specific use, uses that property outside the purpose for which it was entrusted or fails to return it; it is commonly encountered in commercial relationships and agency arrangements.

Elements of the Offence

Under Article 155 of Turkish Criminal Code No. 5237 (TCK), for the offence to occur, movable property must exist; possession of that property must have been lawfully transferred for a specific purpose such as a loan, lease, agency, safekeeping, or pledge; and the perpetrator must exceed the purpose of the transfer by using the property for their own or another's benefit, or by denying the fact of the transfer.

Penalty for the Basic Form

Under Article 155/1 of the TCK, a person who uses property belonging to another, whose possession was transferred to them for safekeeping or a specific use, outside the purpose of that transfer, or who denies the fact of the transfer, is punished, upon complaint, with six months to two years' imprisonment and a judicial fine.

Penalty for the Aggravated Form

Under Article 155/2 of the TCK, where the offence is committed by misusing trust arising from a professional, artistic, commercial, or service relationship regarding entrusted or delivered goods, the penalty is one to seven years' imprisonment and a judicial fine of up to 3,000 day-units. Under Article 155/3, where the object of the offence is a motor land, sea, or air vehicle, the penalty is increased by half again.

Complaint Deadline

The basic form of the offence of breach of trust is subject to a complaint requirement; the complaint must be filed within six months of learning of the act and the perpetrator. Aggravated forms are not subject to a complaint requirement and are investigated by the prosecutor's office of its own motion.

Difference From Fraud

In breach of trust, the property is obtained by the perpetrator through a lawful transfer, not through deception; the offence arises from the act of misuse that occurs after the transfer of the property. In fraud, by contrast, the very act of obtaining the property is based on deceptive conduct.

Practical Recommendations

When establishing a safekeeping or agency relationship, documenting the purpose and conditions of the transfer in writing makes it easier to prove a breach-of-trust claim; remember that your right to file a complaint is limited to a six-month period.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.