Paylaş: Abuse of Blank Signature Offense
This offense is regulated under Article 209 of the Turkish Penal Code (TPC).
Statutory Definition: If a person fills in a signed, partially or completely blank document delivered to them to be filled and used in a certain way, but instead uses it in a manner different from the intended purpose, they shall be punished with imprisonment of three months to one year, upon complaint.
If a person unlawfully obtains or possesses a signed, partially or completely blank document and fills it in a way that produces legal consequences, they shall be punished according to the provisions on forgery of documents.
Application and Court Precedents
One of the most debated topics in practice is the completion of missing parts in promissory notes that were delivered with only a signature or in an incomplete form. Debtors often claim that the notes have been filled contrary to their agreement with the creditor when the notes become subject to execution proceedings. However, such cases rarely result in criminal proceedings due to the Court of Cassation’s Unified Decision requiring written evidence to prove the claim that the promissory note was completed contrary to the agreement.
Definition and Elements of the Offense
The offender completes the missing parts of a document that has not yet attained the status of an official document but was delivered to them. However, the completion is contrary to the trust placed in them, benefiting either themselves or a third party involved in the offense, rather than adhering to an agreement with the victim.
If the offender resorts to illegal means to obtain the incomplete document, provisions related to document forgery will apply. If the incomplete document is obtained through coercion or threats, it could constitute robbery.
Relation to Other Offenses
Fraud: If the offender obtained the incomplete document through actions that could be considered fraudulent, the offense constitutes fraud.
Theft: Obtaining an incomplete document through theft is also possible.
Lesser Penalty: If the offense is committed to prove a claim based on a legal relationship or to document a real situation, a lesser penalty may be imposed.
Written by Attorney Hüseyin Bayar for Bayar Law Firm. All rights reserved. The article cannot be copied or used elsewhere without permission.
