T.C.
COURT OF CASSATION DECISION Main No: 2011/6731
Decision No :2012/45397
Decision Date : 07.11.2012
Supreme Court Decision
Communiqué No: 2 – 2009/159584
COURT : Alanya 2. Magistrates ‘ Court
DATE: 20/11/2008
NUMBER: 2008/206(E) and 2008/940(K)
CRIME: Violation of housing immunity
The file was examined and considered as necessary;
1- Defendant H.. Y.. in the examination of the appeals made against the acquittal decision made against him;
Appeals based on the hearing held, the evidence collected, the reason, the opinion and discretion of the judge
because it is not in place, the rejection of the decision as requested to be UPHELD,
2- Defendant S.. K.. as for the appeals made against the acquittal decision issued against him;
The crime of violating the immunity of housing is one of the crimes committed against the freedom of the person and is protected in this crime.
legal benefit; property is the personal freedom of those who do not have the right, but live in housing. In the concrete case, with the participant
due to a dispute arising from a receivable-debt relationship between the accused, the debt of the Decedent
although he transferred the ownership of his house to the defendant with the real estate transfer agreement as collateral in return,
he continued to live in his house, and the defendant did not vacate the participant’s house on the date of the crime and moved
to check, have the locksmith open the door and check the inside and change the lock
in the face of understanding; although the defendant’s action constitutes the crime of violating the immunity of housing,
making an acquittal decision on illegal grounds,
Since the appeals of the participating attorney who required the reversal were seen on the spot in this respect, the judgment
for this reason, it was decided unanimously on the day of 07/11/2012 to break down as a request.
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