T.C. SUPREME
6.Criminal Department
Basis: 2014/14668
Verdict: 2018/761
Decision Date: 15.01.2018
CRIME OF LOOTING – THE NEED TO OBTAIN A REPORT FROM THE FORENSIC MEDICAL INSTITUTION IN ORDER TO DETERMINE WHETHER THE TEXTS AND FIGURES WRITTEN ON THE ORIGINALS OF THE BILLS SUBJECT TO THE CRIME ARE THE PRODUCT OF THE WITNESS’S HAND – VIOLATION OF THE VERDICT
SUMMARY: Witness…..as stated in the explanations of, the text and / or figures written on the originals of the bonds subject to the crime, Witness H. M. I.according to the result of the report from the Forensic Medical Institution, which will allow the inspection of whether it is a hand product of the defendant ….. making a decision by being content with an incomplete investigation without considering the need to assess and determine the legal situation required disruption.
(5237 Pp. K. m. 148)
Case and Decision: The file was examined. Discussed and considered as necessary:
The verdict given by the Local Court was appealed; the file was discussed according to the nature of the application, the type of punishment, the duration and the date of the crime:
The complainants …,…… in summary, on the day of the incident, at 17.00, in an association called Akçadağlılar, next to them …..the accused, who died on 01.10.2012, although he was found … D. they began to meet and chat with the accused shortly after….. come and sit next to them, “S.”you will not upset the defendant, you will pay your debt,” he said, “when they respond negatively….. he took out his unlicensed pistol, which could not be seized, put it on the table and took it out of his pocket, on which his creditor … D., the debtor of ….. written 3000,00.-TL price ticker gripan A. K.’a, the creditor on the … D., the debtor of…..written 9.000,00.-The TL price ticker is the complainant….. in the event that he signed, then the defendant … and the defendant … Demir left at the scene, the complainants declared that they had applied to the police immediately after the incident;
The (deceased) defendant is … D.’s exercising the right to silence in the law enforcement, but on the part of the creditor … D., the debtor …… written 3000,00.- He is worth TL and his creditor is … D., the debtor of ….. in the statement dated 18.12.2009, taken at the Public Prosecutor’s Office, in which he handed over written bills worth 9.000,00 TL to the law enforcement, he complained to B, who runs his own hairdresser’s shop. K.from 9.000,00.-TL that you will receive, the complainant ……is …..that he met her through and that they had a period friendship relationship,
…. 1.600,00.-That he bought a cell phone for TL, and 1.400,00 by hand.-TL that he lent money, that they parted after a while, but…. that he did not pay his debt to him, that he went to the Akçadağlılar association on the day of the incident when the complainants called and invited him by phone, after a while…,…. and…. that he came, that during the conversation they had been threatened for some time, that he asked if they had done it, that they had made signs between them during Dec….that you called, 15 minutes later…. diagnose upset with himself and who he came “to give your statement to the DA,” he said, that is not the taking of any conflict between them and the deed, the deed in question himself, day or 1 week before November 22, 2009, however, they ….,…. having previously applied to the Bakırköy Public Prosecutor’s Office about these bills that they gave in exchange for their debts, who complained …,…. he stated that he had filed a complaint alleging that they had disappeared by taking the bills from his store, and that the “bills” that he said had disappeared were the bills that he had handed over to the law enforcement,
Defendant …. he denied the accusations at all stages,
Witness …..in his statement dated 18.12.2009; On 01.09.2009 … D. in her hair salon shop with……,…. together with what they do in the protocol, in the protocol ….. that his name appeared, after a while, because the requirements in the protocol were not complied with….. that you ran away, debts and a place of work…..that he has undertaken, that the list of debts has been made, that there is a written document, a week before the feast of Sacrifice ….,….. D. while they were with him, his creditor (shown to him during the testimony) … D., the debtor…… is the creditor with a promissory note worth 9.000,00,- TL … D. his debtor….. which is 3.000,00.-Fill out the TL promissory note….,…… that he signed, the names and signatures on the promissory notes ….,…..he stated that he belonged, and made similar statements during the prosecution phase,
The deceased defendant is … D.’in; lament….,….. the investigation file of the Bakırköy Public Prosecutor’s Office, which was carried out with the preparation number 2009/132115 regarding the allegation that they took the bonds and fled, was combined with the existing investigation file and complained on 23.11.2012….,…… it is understood that “It was decided that There is No Place for October Prosecution” about him.
In these circumstances,
Witness…..as stated in the explanations of, the text and / or figures written on the originals of the bonds subject to the crime, Witness H. M. I.according to the result of the report from the Forensic Medical Institution, which will allow the inspection of whether it is a hand product of the defendant ….. making a decision in writing by being content with an incomplete investigation without considering the need to assess and determine the legal situation
He had to break it, he joined … K.since the appeals of the appeals were considered on the spot in this regard, it was unanimously decided on 15.01.2018 to OVERTURN the provision in violation of the communiqué for the reasons described.
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