T.C SUPREME COURT
6.Criminal Division
Basis: 2016 / 5144
Decision: 2017 / 411
Decision Date: 20.02.2017

Case and verdict: the verdict given by The Local Court was also appealed by the defendants … and … your defense at trial; the file was discussed according to the nature of the application, type of punishment, duration and date of crime:

8/1 of law 5320 of the defendants and their defense’s request for a judicial review. Article 318 of Cmuk No. 1412. refusal in accordance with the article,

I – in the examination of the provisions established against the defendants … and … ;

58 of the TCK about the accused, who was convicted in the criminal record. the reason for the overturning was not made, as there was no appeal against it.

In accordance with the content of the files and minutes of the hearing, the favorable evidence, the justification and the discretion of the Board of judges, the defendants … and … the defense’s objection to the appeal is unprecedented in place, except for criticism, to be upheld in accordance with the request of the provision found in accordance with the procedure and law,

II-as for the examination of the sentence established against the accused … ;

Occurrence and based on the file content, in the history of 08.04.2016 night hours in the Old Jail next to this place on plate No. to be reported by the parties fighting in the car when you go to the event, the perpetrators of the taxi driver with commercial plate No. …click minted by suffering, in the use of commercial yakinani riding in a cab fleeing the scene, the Traffic Police Department of the region checkpoint failed to stop at Tamarisk assisted the chief of station and responsibility in the area of material involved in the accident slams into the car from behind, damaged plate No., The woman was stopped 20 km from the province by officers of the District Police Department and was found in the vehicle.,

Complaint … ‘s 08.04.2016 dated law enforcement statement” … license plate number commercial taxi to use with the owner of The Daily 40 TL agreed. 08.04.2016 at 21: 30 I was waiting at the taxi stand. The man, who asked not to be named, addressed me, ‘I’m…’, can you pick me up and drive me home?’ quoth. Agreed….. I got into my car with the license plate number, and as I was driving to where it was, three male people stopped me on the road. I know …one of them. The first person was slightly thin, tall, blonde. The third person was tall, with short black hair. They got in my car. …he gave me the $ 50 he pulled out of his pocket, and then he said, ‘Uncle, drive, we’re going. ’ I can’t go to them either, what are we going to go for?‘when I said,’ We’re going to bury the guy, what if you’re the guy we’re going to bury, ‘ he said. As we moved on, I realized that his intentions were not good, and we came to the front of the old prison. I turned towards the police station. They realized I was going to the police station. First he hit me with a fist, and then the people in the backseat started hitting me in the head and face with a fist. And when they shot him, they all said, ‘We’ll Fuck Your Mother, we’ll kill you.’ I thought they were going to kill me, I couldn’t drive, I pulled the handbrake, I stopped it. Meanwhile, they stopped me from getting out of the vehicle. … he asked for the $ 50 he gave me when he first got into my car. So I pulled it out of my pocket, and when I gave it to him, he forcibly took the £ 200 I had on me. And then they all beat me up and threw me to the ground. At this time, he started the car with a key found on the car, which saw a police team arrive 50 meters away. They hijacked my car and drove quickly towards the industrial direction. I know that the second person is also a person, but I do not know who the third person is,” the statement of the prosecutor dated 09.04.2016 said: “…08.04.2016 at 21: 30 while I was working in a taxi …three male people stopped me from where I was. One of them is M. his son was …’ They got in the vehicle. … he gave me $ 50 out of his pocket. ‘Drive the car,’ he said. And I said,’ I can’t go.’ There were arguments between us. ‘when I asked him why we were going, he laughed and said, ‘We’re going to bury the man, we’ve met, you’re going to give us the cab. ’ And then … he punched me in the face. Both men in the back seat started hitting me in the head and face with punches. They didn’t threaten or insult me, they didn’t say ‘we’re going to kill’. I don’t know why I made such a statement at the police station. I may have said that because I was in so much pain. And then … he asked me for the money he gave me. I took £ 50 out of my pocket and gave £ 250 in my pocket of my own free will. I have no animosity with these people. I certainly didn’t insult you with slander.”he said,” I got a call from the owner of the commercial taxi that I was driving at 20.00-20.30. ’we’ve got customers there, you’re going to go there,’ he said. Also ‘okay,’ I said. Sometimes when we answer the phone late, the phone goes straight to…’S phone. When I dropped off my client, I went over there. I got …from there. … there were three people with him. I removed…, but I couldn’t remove the other one. It was a little dark, I don’t know who was sitting right behind me. They told me they were going to …and gave me £ 50. When I said I couldn’t go, we started arguing. At this time, the car was cruising. I stopped the car when I got to the prison. They told me … they were seeing him. By the way, they beat me up. I was angry that … ‘s not informing me, and I got out of the car, giving back £ 50 and saying’ see what you have’. I was in the front of the car. He shot another person from behind, except for him, but I don’t know who the shooter was. Meanwhile, there were three people in the car except me. No one landed on the road. No passengers got off at gulmece park either. So when I was at the prison, there were four people in the car, including me. I don’t know if the third person was in peace. But … I know I saw it. When I got out of the car, I wasn’t in a position to see anything. I couldn’t identify the person I couldn’t identify when he was shown to me in the courtroom right now. I’m not complaining. I got angry and got out of the car without even taking the ignition, and at that moment I was angry with ben…he didn’t tell me the truth. I just wanted to save myself. He said,’ We’re going to bury a man, what if you’re the man I’m going to bury, ‘ but … they used to joke like that because he got in my car. Although I told the cops when I got out of the car that they had usurped me, I don’t know what I was doing out of stress, it wasn’t really a looting incident. I gave myself £ 200 and £ 50. At that moment, I wanted it to be over.”he said, complaining …’s 09.04.2016 dated the prosecution statement” … about three months ago … we agreed to 40 TL per day to work as the driver of the vehicle with the license plate. From that date on, he used a taxi. … and I have known him since we were children. He uses these commercial taxis that I bought from time to time. He called me at 20:30 on 08.04.2016. … when he said he needed a taxi to get to his province, I told him I’d get him a taxi. At this time, I had guests. About that… I forgot to call Abi. After that … my brother called me on the phone and said that they had an argument with him, that he had taken the car. So I went to the police station. I found out the car had crashed. I’m not complaining about the damage to my car.“we spoke to my friend on the phone at about 19:30 on the day of the incident, ” he said. she said she was going …or. Before, we met in person. First, the taxi’s phone was dialed, passed to me if the phone is turned off or busy. So I …I led him there by saying that’ya … ‘ was a client there. I didn’t tell him that we were talking to him. Then I got a call from…at 20:30-21:00. He called me to the station. When I went to the police station, I found out that there was such an argument between them. Then I said I had News and forgot to pass it on. I’m not complaining. I have given my prior consent to take the car away” ” he said,

In the law enforcement statement dated 09.04.2016 before the defense of the defendant … ” on 08.04.2016, in the evening … ’e received a phone call. … Found out that a friend of his was sick in the province. Together … we decided to go to the province. … called a taxi by phone. A commercial taxi arrived, whose license plate I don’t know. We took a cab. we said we wanted to go to … The cabbie said he couldn’t. … called the owner of the taxi and interviewed him. The owner of the cab told him to take the cab and leave. We told the cabbie we’d take the cab … and go to the province. … gave the cabbie an unknown amount of money. The taxi driver got out of the vehicle near the old prison. … the driver crossed into the area to drive the car. We set off together. Three people were not in the vehicle, as the taxi driver claimed. We certainly did not extort, assault, insult or threaten him. I don’t know how he was hurt. The police car didn’t come near us when we left the prison. He didn’t tell us to stop and he didn’t follow.”he said, in the prosecution statement dated 09.04.2016,” on 08.04.2016, at 21:00, we bought alcohol in the house that belonged to us together with my aunt’s son … and my uncle’s son. After that, he said that his friend, who was in the brother’s house, was in the hospital and was going to visit him. He called his friend, who had bought his cab before, and asked for his cab. We got in a cab …at nin’s. When we got to the old prison, we took down the driver of the car. …and we left it at Gulmece Park and headed for … At the time we left the driver, there were no arguments, insults, threats or injuries, and there were no police vehicles following us,” he said. I couldn’t understand the reason for the argument, because I was sitting in the back. He cursed the cabbie, and then … he hit him, and he hit him. Then they agreed. ‘I’ll go to…’, we agreed with…’, he said. So the cabbie gave the ignition to Abi and left. … at first he was in the car, he got out of the car at Laughing Park.”he said,

Defendant … ‘s defense in front of the law enforcement statement dated 09.04.2016″ 08.04.2016 in the evening hours … in the province … we received news that my friend was disturbed. … and we decided to go to the province … to visit him. And since I’ve rented a cab before, I called a cab with license plates on my cell phone and asked him to come around. 5-10 minutes later, the taxi driver, whose name I didn’t know before, which I later learned about because of the incident, came to the position we called. … and we got in the car and said we wanted to go to the province. The taxi driver … said he couldn’t go to his province. And I told him that we knew the owner of the taxi, that he should take us. The taxi driver said he couldn’t take her. And I said that we would pay for the taxi, give us the taxi, go to the province and go back. The taxi driver agreed. I gave the taxi driver a fee of 100 TL in advance. We had £ 300 on us. We bought cigarettes on the way. I don’t know how much money I have left. We got the cabbie out of the car in front of the old prison. … We set out with him … towards the province. The tool I was using. Three people were not in the vehicle, as the taxi driver claimed. We certainly did not extort, assault, insult or threaten him. I don’t know how he was hurt. The police car didn’t come near us when we left the prison.”he said, in the prosecution statement dated 09.04.2016,” on 08.04.2016 at 21:00 … and my aunt’s son … ile … we called a taxi to visit my friend who was sick in the province. This cab belonged to a man I’ve known since I was a kid. I … called and asked if we were going to take a taxi. She said We Could Go itself. I met … the taxi driver …in front of him. We indicated to him that we had received permission from the owner of the car…. when he didn’t believe us, there was a little argument between us. I … had him called…. When I said’ Give us the car ‘ … he gave us the car. We were going to buy the car for $ 100. I paid you in advance. I have £ 200 left in my pocket. Then we bought cigarettes on the way. We pulled the driver out of the vehicle in front of the prison, but did not insult or threaten him. …we pulled him out of the car at Gulmece Park and headed for.“at the stage of the prosecution, “he said,” the incident was caused by a complete misunderstanding, I certainly didn’t take the client’s money, I didn’t call him on the phone, we met him face-to-face. I said I called in my statement at the police station under the influence of Alcohol, my current statement is correct. Although I said I didn’t hit the customer, I now accept that I did, because I couldn’t say it because I was afraid of the alcohol effect. He hit me, I hit him. … he was in the car at first, he got off at Laughing Park. There was no fight between us until he landed.”in the form of a statement,

…’in the statement of the prosecutor dated 09.04.2016″ 08.04.2016 at 21:00 in the house next to the tea district …and … ’ I saw him in an alcoholic state. I wasn’t an alcoholic. They said they called a cab, and they told me to come. … we took a taxi together. They didn’t tell me where to go or what to do. They got me out of the car at Gulmece Park. I certainly didn’t beat up the taxi driver. I didn’t force him to take money and a cab. I do not accept charges that I did not insult or threaten him.”I was not in the car at the time of the arrest, I got out of the car before I arrived at the prison, so I am not the one who appears on the CCTV.”in the form of a statement,

A forensic report of the complainant stated that he was injured in such a way that he could be eliminated by simple medical intervention,

CCTV footage shows the scene on a review of the expert’s report, that made me pause in the first place the Left front cab door of the commercial half-opened position, but it’s not someone down a while as it continues to remain open, after a while, the left rear of the cab commercial front door opened and he went towards the door on the left down to the following person commercial cab and left of the front door from the rear of the cab on the part of iteklesme in a person, too, landed, and then that person left and went towards the front door, download the driver below from left at the front door and the front of the vehicle left the front door a person came and the three components of the vehicle in the portion of itekledik the driver of the vehicle, the driver wants to sit part another person from the scene, but in this situation the driver of the vehicle tried to stop, the person in the driver’s seat the brakes on the ride again descending on two people in the vehicle and the driver of the vehicle that got the other person correctly iteklendi police refus saw coming towards the hiding team and the middle, the middle part of refuge in the police team saw the driver of the vehicle and ran into a police car, the men, who spotted the police team at the time, were found to have left the scene quickly in a commercial vehicle.,

In the face of the understanding that the expert report and incident report are consistent with the statements made by the complainant at the first stage, and the subsequent statements of the complainant indicate that a third person was not left on the road, the defendant … ‘ s conviction for looting, rather than the statements aimed at saving the accused from the crime,,

It was decided unanimously on 20.02.2017 to overturn the provision in accordance with the request for the reason described, since the appeal of the prosecutor of the Republic of that place was considered in place in this regard.