Written Application Requirement in Banking Embezzlement Off ense within the Scope of the Decision of the Criminal General Assembly of the Court of Cassation and the Practice of the Aggregation

Paragraph 2 of Article 160 of the Banking Law No. 5411 regulates the qualified form of the off ense of banking embezzlement. According to the relevant provision, if the embezzlement is committed with fraudulent behavior to ensure that the embezzlement is not revealed, the penalty is increased. Paragraph 1 of Article 162 of the Law stipulates that the investigation and prosecution of the perpetrator for the off ense of banking embezzlement is subject to a written application to the Chief Public Prosecutor’s Off ice by the Institution or the Fund. In the evaluations regarding the decision of the Criminal General Assembly of the Court of Cassation subject to review, the nature of the judgment condition in question was tried to be explained on the axis of different opinions in the doctrine, the applicability of the condition was evaluated according to the crime occurred in the incident and the criminal responsibility of the perpetrators was determined. Finally, the view that the forged documents used in the incident should be considered as an element of the crime and not be subject to separate punishment and the view that they should be evaluated according to the provisions of real aggregation and subject to separate punishment have been discussed.