EN SUPREME COURT
Criminal Department
Originally: 2015/11475
The Verdict: 2016/5775
Decision Date: 04.05.2016
PAYING PAID – QUALIFIED FRAUD OFFENSE – THE DEFENDANT DID NOT ACT TO CREATE FRAUD – THE UNREASONABLE PAYMENT MADE BY THE INSTITUTION IS REIMBURSED BY THE JURISDICTIONS TOGETHER WITH ITS INTEREST – THE CONDITIONS OF COMMITMENT DO NOT ENTITLE
Paying paying attention to the population records of the deceased person, if the participating institution examines the population records, it will be easily determined that he lost the monthly receipt requirement due to death, the payment to the defendants was made due to the negligence of the institution, the defendants did not act with the purpose of committing fraud, the unjust payment made by the institution was paid back by the defendants with interest. Since it is understood that the elements of the charged crime did not occur, there was no error in the acquittal decision.
(5510 SK Md. 55, 96)
Case and Decision: The file has been examined and the necessary evaluations have been made,
The father of the accused I…. Although S… died on 13.10.2009, they committed the crime of qualified fraud by withdrawing the old age pension in the amount of 1,296.54 TL deposited by the Social Security Institution participating in the case to the Ziraat Bank account from the ATM on 19.10.2009 and 19.11.2009, obtaining unfair interest. In the alleged case;
article 55 / last of the Social Insurance and Universal Health Insurance Law No. 5510 and article 73 of the Social Insurance Polling Regulation. substances. 6 and 7 of the communiqué. articles; “Precautionary measures are taken in accordance with the procedures and principles set out in the second paragraph of this article in order to identify those who died while receiving income or monthly pay and those who lost the necessary conditions on time, firstly to stop payments made to their names, then to cut off their income / monthly payments and to recover unpaid payments, if any. Insured for those who receive death income or death pension; The fact that the widow is not married is determined by the Social Security Institution through the survey procedures to be performed.
The institution may conduct a survey for the purpose of determining the information contained in Article 6 of the communique, if and when it deems necessary, income or monthly areas, as well as their parents, guardians, trustees and proxies by the methods it will determine. Participation can also be provided through income or monthly paying banks and PTT branches.
If it is deemed necessary by the institution to determine whether the income / pension conditions are continuing, duly issued documents may be requested from the relevant institutions, organizations, unions and chambers that register or register in accordance with their own legislation, as well as tax offices. Paying paid income/monthly payments of insured and eligible persons who are determined to have lost the right to receive income and monthly payments due to gender change, death or marriage are stopped by comparing the Corporate Payment Registry and the population records of the General Directorate of Population and Citizenship Affairs with certain periods not exceeding 15 days each month.
in Article 96 of Law No. 5510; “All kinds of payments within the scope of this Law that have been determined to have been made by the institution to employers, insured, optional insured, income or monthly areas and their rights holders, universal health insurance holders and their dependents too much or unnecessarily; payments made within a maximum of ten years from the date of detection of the defective transaction, if they were caused by their intentional or defective behavior, from the date of making these payments;
if it is caused by erroneous transactions of the institution, the total amount of payments made within a maximum of five years from the date of detection of the defective transaction will be calculated interest-free for payments made within twenty-four months from the date of notification, and for payments made after the end of the twenty-four-month period, the legal interest will be calculated from the end of this period. If there are receivables from the institution, these receivables are deducted, otherwise they are collected. It is recalled according to the general provisions.
Paying paid attention to the statements made by the defendants, it can be easily determined that if the deceased’s identity record is examined by the participating institution, he/she has lost the monthly receipt requirement due to death, the payment made to the defendants was made due to the negligence of the institution, the defendants did not act with the purpose of creating fraud, the unjust payment made by the institution was paid back by the defendants with interest. Since it is understood that the elements of the crime did not occur, there is no error in the acquittal decision.
on 04.05.2016, considering the rejection of the objections of the attorneys participating in the trial, the evidence collected at the place of decision, the opinion and appreciation given by the court according to the results of the prosecution, the scope of the file under review, it was unanimously decided to APPROVE the verdict.