This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Güveni Kötüye Kullanma: Emanet Edilen Malın Geri Verilmemesi.
Abuse of trust consists in dealing with property belonging to another — delivered for safekeeping or for a defined use — outside the purpose of the delivery, or in denying that the delivery took place (Article 155 of the Criminal Code). The basic form is prosecuted upon complaint, within six months of learning of the act and of the perpetrator. Where the property was entrusted in the course of a trade, profession, business or service relationship, the sentence is heavier and the offence is prosecuted of the authorities' own motion.
You lent a friend your car and they will not bring it back. A business partner used money you entrusted to them in their own business. Goods left for repair are not returned.
These all fall under abuse of trust. What distinguishes it from theft is that the property was handed over with consent.
What Are the Elements?
Article 155: a person who, in respect of property belonging to another whose possession has been transferred to them for safekeeping or for a defined use, deals with it outside the purpose of that transfer for their own benefit or that of another, or who denies that the transfer took place, is punished.
Three elements are required:
- the property belongs to another
- possession was transferred with consent, for safekeeping or a defined use
- the person dealt with it outside that purpose or denied the transfer
That is what distinguishes it from theft: in theft the property is taken without consent; in abuse of trust it was handed over with consent and the purpose was then departed from.
It differs from fraud in that in fraud the consent was obtained by deception from the outset. In abuse of trust the original delivery is honest; the bad faith arises afterwards.
The basic form is prosecuted upon complaint, and the period is six months from learning of the act and of the perpetrator.
When Is the Sentence Increased?
Article 155/2 governs the aggravated form: where the offence is committed in respect of property entrusted and delivered by reason of a trade or profession, a commercial or service relationship, or of an authority to administer another's property, however arising, the sentence increases markedly. Unlike the basic form, the aggravated form is prosecuted of the authorities' own motion and falls outside criminal mediation.
Typical situations falling within it:
- selling goods left with a repairer
- misusing keys handed to an estate agent
- an accountant failing to pay over money collected for the tax office
- a courier or carrier withholding goods handed to them
- a company director using company property for personal purposes
- an agent failing to return money received under the agency relationship
| Basic form (Art. 155/1) | Aggravated form (Art. 155/2) | |
|---|---|---|
| Scope | General relationships of trust | Entrustment by reason of a trade, profession, commercial or service relationship |
| Prosecution | Upon complaint | Of the authorities' own motion |
| Complaint period | 6 months from learning of it | — |
| Criminal mediation | Within its scope | Outside its scope |
| Example | Property left with a friend | A courier company, a repairer, a cashier, an agent |
For the offence to arise the property must have been received lawfully; where it was obtained by deception from the outset, the offence is fraud.
How Is the Offence Proved?
The greatest difficulty is proving the delivery and its purpose.
The evidence to gather:
- The delivery document. A deposit receipt, a service docket, minutes.
- Correspondence. Messages and e-mails showing the delivery and the demand for return.
- Bank records. Transfers with a reference showing the money and its purpose.
- Witnesses. Those present at the delivery.
- A formal notice. A written demand for return both makes denial harder and records the default.
The most effective step in practice is to send a notarial notice before complaining: “I delivered this on such a date for such a purpose; return it within such a period.” If it is not returned, the notice becomes strong evidence both in the criminal file and in the civil case.
What Can Be Claimed Alongside the Prosecution?
A criminal complaint does not bring the property back, so the civil route should be pursued in parallel.
The options are:
- A claim for the return of the thing — where restitution in kind is sought
- A debt claim or enforcement proceedings — where money is involved
- A damages claim — where the property has been disposed of, for its value and any further loss
An interim injunction or a preliminary attachment may also be sought to protect the property or the other party's assets.
Active remorse under Article 168 applies here too: where the loss is made good in full before the prosecution begins, the sentence is reduced by up to two thirds. For a victim, that is leverage that improves the chance of getting the property back.
Because the basic form is prosecuted upon complaint, criminal mediation also applies to it as a rule; the terms of restitution and compensation should be written expressly into the settlement document.
“I delivered this on this date for this purpose; return it within this period.” A written demand fixes the delivery, the purpose and the date — and if the property is not returned it becomes the strongest evidence in both the criminal file and the civil case.