EN SUPREME COURT
Criminal Department
Originally: 2016/6199
The Verdict: 2016/8684
Decision Date: 30.06.2016
CRIME OF USING CREDIT CARDS – THE ACCOUNT STATEMENT OF THE CREDIT CARD SHOULD BE BROUGHT AND IT SHOULD BE DETERMINED WHETHER IT WAS USED IN THE INCIDENT AND A JUDGMENT SHOULD BE MADE ACCORDING TO THE RESULTS
SUMMARY: By bringing in the account statement of the credit card, determining whether it was used on the date of the incident, the type and number of use, evaluating all the evidence together, establishing a conviction with incomplete research required that the verdict be overturned and the defendant’s legal status be determined according to the result. It has been decided to overturn the judgment.
(5237 SK Md. 53, 116, 142) (ANY. MAH. 08.10.2015 T 2014/140 E. 2015/85 K.)
Case and Decision: It was discussed and deemed necessary:
I- 8/1 of Law No. 5320, which was duly notified to the defendant on 15.05.2014. article judgment. it is understood that the applicant’s application for appeal on 02.09.2014 was rejected on 26.09.2014 after the one-week period specified in Article 310 of the CMUK No. 1412 and required to be applied as required by the article, and it was notified to him on 09.10.2014, and the aforementioned additional decision was made. October 10, 2014, the applicant’s application for appeal was rejected. 2014, the applicant’s application for appeal was rejected on 26.09.2014, the applicant’s application was rejected on 26.09.2014, the applicant’s application was rejected on 26.09.2014. After the one-week legal period specified in Article 310 of the CMUK has passed, the defendant’s application for appeal filed on 15.12.2014 is 8/1 of Law No. 5320. according to the provision of the article, unanimously (rejection),
II- In the examination of the appeal against the provisions relating to the crimes of theft and damage to property;
Although Article 142/1-b of the Turkish Penal Code was repealed by Law No. 6545, which entered into force after the date of the sentence, there was no justification for overturning this issue due to the fact that the said crime was regulated in article 142/2-h and this was clearly against the defendant; Article 53 of the Turkish Penal Code No. 5237. the deprivation of rights contained in the article; Taking into account the annulment decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140 and the decision numbered 2015/85 published in the Official Gazette dated 24.11.2015 and numbered 29542, it was assessed that it is possible to evaluate the Constitutional Court at the execution stage.
According to the trial, the content of the file, the evidence collected and evaluated at the place of decision, the formation and belief and discretion of the court as a result of the investigation, acceptance and implementation in accordance with the formation and nature of the crimes, explanation of the justification in accordance with the law, legal and sufficient, unanimous (approval) due to the defense of the accused declaring that the crimes are not fixed, rejection of appeals to the provisions,
III- As for the appeals made against the provisions of the defendant’s violation of the immunity of housing and the misuse of the credit card crimes;
1- According to the entire file, due to the lack of evidence that the other defendant … entered the victim’s house together with the defendant, if the defendant is convicted of violating the immunity of housing, the basic penalty determined should be Article 119/1-c of the TCK and the excessive punishment should be increased in accordance with paragraph,
2- In terms of the crime of misusing a credit card, in the victim’s statement at the investigation stage, the defendants tried to use the credit card they took from him three times at the fuel station; paying paying with a credit card is a witness who works at the fuel station, a person came to the fuel station and tried to make a payment with a credit card, but could not make a transaction because he entered the wrong password,
another friend of the person came 15 minutes later while working and tried to make the same transaction, and if he declared that he paid with money, the credit card’s account statement was brought in, whether it was used on the date of the incident, the type and number of uses, by evaluating all the evidence together, it was concluded that the conviction provision should be established in writing without the need to assess and determine the legal status of the Decedent,
3- 53 of the Turkish Penal Code No. 5237. deprivation of rights in the article; There is an obligation to evaluate the Constitutional Court’s annulment decision dated 08.10.2015 and numbered 2014/140 and the decision numbered 2015/85 published in the Official Gazette dated 24.11.2015 and numbered 29542,
Conclusion:
Since the unlawful objections of the defendant’s defense were considered in place in this regard, it was decided to overturn the provision 8/1 of Law No. 5320 for these reasons. 321 of the CMUK. it was decided unanimously on 30.06.2016 to disrupt it in accordance with the article and to take action in accordance with this article.