Breach of trust under Article 155 of the Turkish Criminal Code concerns property voluntarily delivered for safekeeping or a defined use, followed by intentional disposal contrary to that purpose or denial of delivery. A contractual breach alone does not establish criminal liability.
Elements of the offence
The property must belong to another person and possession must have been transferred voluntarily. The prosecution must establish the purpose of delivery and conduct inconsistent with that purpose, or denial that delivery occurred, for the benefit of the offender or another person.
Basic and aggravated forms
The basic form under Article 155(1) carries imprisonment from six months to two years together with a judicial fine. Article 155(2) applies where property is entrusted because of a profession, trade, service relationship or authority to manage another person’s assets; it carries imprisonment from one to seven years and a judicial fine of up to three thousand days.
Motor vehicles
A third paragraph added by Law No. 7571 provides that where the property is a motor land, sea or air vehicle, the sentence determined under the applicable preceding paragraph is doubled. The amendment took effect upon publication on 25 December 2025; temporal application and the more lenient law must be assessed by offence date.
Complaint and reconciliation
Article 155(1) is complaint-dependent. The six-month period begins when the entitled person learns both the act and the offender, subject to limitation. Article 155(2) is prosecuted ex officio. Under Article 253 of the Code of Criminal Procedure, paragraphs 155(1) and 155(2) are covered by criminal reconciliation, while the motor-vehicle form in paragraph 155(3) is excluded.
Effective remorse and limitation
Article 168 may reduce the sentence where the offender personally shows remorse and fully returns the property or compensates the loss before the statutory stage. Partial restitution requires the victim’s consent. Ordinary prosecution limitation is generally eight years for Article 155(1) and fifteen years for Article 155(2), but interruption, suspension and the vehicle enhancement require case-specific calculation.
Evidence and procedure
Contracts, delivery records, invoices, bank movements, inventory records, vehicle forms, complete correspondence, notices, camera records and witness statements may show ownership, purpose of transfer, subsequent disposal and intent. Original files and devices should be preserved; evidence must not be obtained by unauthorised account access.
A report may be made to the public prosecutor or law enforcement. The chronology should identify the property, delivery purpose, disputed act, discovery date and supporting material. Contractual non-performance does not automatically result in prosecution, detention or conviction.
Frequently asked questions
Is every failure to return leased or borrowed property a crime?
No. Authorities must distinguish an intentional act inconsistent with the transfer purpose or denial of delivery from a civil dispute about payment, interpretation or performance.
Is a vehicle case subject to reconciliation?
Where Article 155(3) applies because the object is a motor land, sea or air vehicle, Article 253 excludes that form from reconciliation. The offence date and whether the facts are criminal rather than merely contractual still require separate assessment.
Official sources and notice
Sources checked on 21 September 2026: Articles 66, 73, 155 and 168 of the Turkish Criminal Code; Article 253 of the Code of Criminal Procedure; and the Ministry of Justice reconciliation list dated 1 September 2026. This article provides general legal information and does not guarantee an outcome in any individual case.
Turkish Criminal Code No. 5237 — Ministry of Justice