EN SUPREME COURT
The Criminal Department is Mainly
: 2015/1208
The Verdict: 2016/5621
Decision Date: 29.06.2016
LOADING OFFENSE – IN THE INCIDENT THAT OCCURRED, THE DEFENDANT TRIED TO SHOOT THE CLIENT BY WAITING FOR THE KNIFE WHILE HOLDING THE CLIENT, AND THE CLIENT RAN TO ESCAPE
SUMMARY:
In the event that the defendant, who is being tried for looting, tried to hit the customer by waving the knife that he took out of his waist, but the customer ran away, an error in the characterization of the crime required disruption, without taking into account that the defendant’s actions constituted the crime of attempted looting as a whole. It has been decided to overturn the judgment.
(5237 SK md. 35, 53, 149) (ANY. MAH. 08.10.2015 T 2014/140 E. 2015/85 K.)
Case and Decision: By filing an appeal against the judgment given by the Local Court; Court of Cassation 17. With the decision of dismissal of the Criminal Department dated 06.04.2015, the examination of the file was carried out taking into account the nature of the application, the type of punishment, the duration and date of the crime:
I- In the examination of appeals made against the verdict given to the defendant for defamation;
Considering the contents of the file and the trial minutes, the legally valid and valid evidence collected and discussed at the place of decision, the justification and discretion of the Board of Judges; since there is no violation of the procedure and the law in admitting and qualifying that the crime was committed by the defendant, other appeals were not considered on the spot.
But;
53/1-abcde article of the Turkish Penal Code to continue the defendant’s conviction for using the rights written in the execution of the execution until completion; but according to Article 53/3 of the Turkish Penal Code, even if it has been decided to stop depriving him of using the rights listed in Article 53/1-c of the Turkish Penal Code, if he is released on probation in accordance with the article, even if it has been decided to stop depriving him of using the rights listed in Article 53/1-c of the Turkish Penal Code,; with the Decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140-2015/85, published in the Official Gazette dated 24.11.2015 and entered into force on the same date, the phrase “election, election and “exercise of other political rights” written in Article 53/1-b of the Turkish Penal Code has been canceled,
8/1 of the Law No. 5320. 322 of the Criminal Code No. 1412. based on the authority granted by Article 53 of the TCK. the section on the application of the article was removed from the sentence, instead of, “As a legal result of the defendant’s conviction with imprisonment for a crime he intentionally committed, Article 53/1 of the Turkish Penal Code. article; deprivation of the right to elect, be elected and exercise other political rights written in subparagraphs (a, c, d and e) and subparagraph (b); 53/2 of the same Law.
Voting and other political rights written in subparagraphs (a, c, d and e) and subparagraph (b) of Article 53/1 and 3 of the same article. in accordance with paragraph (c), custody over his own child, custody and inability to exercise the powers of trustee until he is conditionally released from the prison sentence he was convicted of, written in subparagraph ”Correction and approval of the punishment, other aspects of which are considered in accordance with the procedure and the law, in terms of applying the provisions of,
II- As for the examination of the objections made against the verdict given for the crime of attempting to intentionally injure the accused with a weapon;
According to the way and scope of the file, on the day of the incident, while the client was waiting in front of the Agricultural Bank located on the connection road with the witness …, the defendant came to the defendant and took his arm and said to the client, “You will give me 100 TL, I will kill, no one can do anything to me, they will call me ……”, After the client got scared and shouted “police”, the defendant tried to hit the client by waving the knife he pulled from his waist, but the client ran away; The defendant’s actions as a whole;
The defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a whole; the defendant’s actions as a TCK’s 149/1-a, 35. establishing a written judgment by describing the crime incorrectly, without taking into account the fact that it constitutes the crime of attempted looting regulated in the articles,
Conclusion: Since the objections of the defendant’s defense were considered on the spot in this direction, it required to be overturned, contrary to the request for the explained reason, the sentence was overturned, and the right to be gained in accordance with Article 326 / last of the Criminal Code No. 1412 is 8/1 of Law No. 5320. the article was sent and a unanimous decision was made on 29.06.2016.