Supreme Court Ruling on Mileage Tampering in Used Vehicles

An important precedent-setting decision regarding allegations of mileage tampering in used vehicle sales has been issued by the Supreme Court. The 11th Criminal Chamber of the Supreme Court ruled that a case cannot be dismissed simply because the buyer could have checked the mileage history, and that a detailed technical investigation must be conducted.

Development of the Event and Judicial Process

B.D., who purchased a vehicle stated to have 65,000 kilometers, applied to the prosecutor's office after learning that the actual mileage of the vehicle was 251,000.

The prosecutor's office decided that there was no room for prosecution, stating that the buyer could have queried the mileage history themselves, and the case became final upon the rejection of the objection.

Application by the Ministry of Justice

Following the decisions rendered by local authorities, the Ministry of Justice filed an application for reversal in the interest of the law, and the case was moved to the 11th Criminal Chamber of the Supreme Court.

The chamber took the case under review, evaluating that the mere fact that the buyer was capable of performing a query did not constitute a sufficient justification on its own.

Supreme Court Investigation Criteria

In its decision, the Supreme Court emphasized that inspection records must be examined, expert statements must be taken, and the market value must be determined.

It was requested that a technical expert investigate how the mileage was tampered with and whether this situation could have been understood through a simple check.

Consequences of the Precedent Ruling

The high court found it erroneous to conclude that the elements of the crime of fraud were not met without conducting all these technical investigations.

The decision of the Criminal Judgeship of Peace rejecting the objection was unanimously reversed in the interest of the law, and the file was moved to the stage of re-examination.