Same alleged fraud, different cities: Acquitted in one, arrested in another

A 24-year-old man, Bünyamin D., is facing legal proceedings in two different cities for the same alleged fraud incident, a situation his lawyer describes as a violation of rights and the principle of fair trial. Bünyamin D. was arrested in Mardin while another suspect involved in the same case, who compensated the victim, was released.

The case began when Bünyamin D. provided his IBAN to a friend, Özgür Ç., who claimed his bank accounts were blocked and under seizure. The alleged fraud occurred through the provided IBAN, leading Tahir K. to file complaints with the chief prosecutor's offices in Balıkesir and İzmir. A probe was initiated, involving Bünyamin D. and seven others.

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A person is tried once for a crime. The Constitutional Court requires that this situation be corrected due to the principle of fair trial.

Bünyamin D. stated that he did not know the complainant and had given his bank account details to his friend Özgür Ç. because he said they were blocked and under seizure. He claimed he trusted his friend and later found his account blocked, denying any involvement in the fraud. His lawyer, Gurbet Bilbay, highlighted the contradiction: Bünyamin D. is imprisoned while another suspect who paid the damages was released, despite the complainant being the same and having withdrawn his complaint.

"A person is tried once for a crime," Bilbay stated, arguing that this situation constitutes a rights violation according to the Constitutional Court and requires correction based on the principle of fair trial. She further explained that Bünyamin D. has been victimized twice, as they filed a criminal complaint against the "real perpetrator" who also went to prison. "My client is being tried twice, not even for one case," Bilbay said, adding that Bünyamin D. is currently in Mardin Prison. One case is in İzmir, the other in Balıkesir, with one leading to detention and the other proceeding without it. "We are in such a big contradiction," she noted, emphasizing that Bünyamin D. is a student and provided documentation to that effect. She also referenced a Court of Cassation decision where individuals who engaged in similar actions to earn pocket money were acquitted.

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My client is being tried twice, not even for one case.