Supreme Court clarifies rules for money and cards left behind in ATMs
According to Supreme Court rulings, taking money and cards left in ATMs is considered a crime, while customers who fail to cancel their cards in a timely manner can also be found at fault.
The Supreme Court drew attention to important details with its rulings that clarify the boundaries of responsibility regarding grievances over money and cards left at ATMs. While individuals who take money left in the device bear criminal liability, customers who delay notification periods are also considered at fault.
Taking money left in an ATM is a crime
According to the established jurisprudence of the Supreme Court Criminal Chambers, taking and using the money left by a previous customer in the ATM tray after a transaction or a bank card forgotten on the device can constitute a crime.
The high court points out that the money found in the ATM tray cannot be evaluated as ownerless property, accepting that the possession of the original owner continues.
Timely notification for lost cards
The rulings of the Supreme Court General Assembly of Law address the responsibility of customers who lose their cards or leave them at an ATM. A customer who realizes that the device has swallowed the card is required to notify the bank without delay.
If the reasonable notification period is exceeded, the customer may be considered heavily at fault, which can prevent them from demanding the entirety of the financial damage incurred from the bank.
Technical malfunctions and bank liability
The 11th Civil Chamber of the Supreme Court evaluates the liability of banks in technical issues experienced at ATMs and card skimming incidents.
In situations where money does not pass into the account due to cash jams or systemic failures, the objective duty of care of banks and their obligation to be a reliable institution come to the forefront.
Camera and log records as evidence
In disputes regarding ATM transactions, camera footage and log records rank among the important pieces of evidence during the judicial process.
Many details, ranging from the exact seconds when the transaction was made to whether the money was retrieved from the tray, are examined through these digital data.