Credit Card Account Summary Must Be Brought and Determined Whether It Was Used On The Date Of The Event and The Provision Must be Established According To The result

24 Jun Credit Card Account Summary Must Be Brought and Determined Whether It Was Used On The Date Of The Event and The Provision Must be Established According To The result

Supreme Court of the Republic of Turkey

8.Criminal Division
Basis: 2016/6199
Decision: 2016/8684
Decision Date: 30.06.2016

CRIME OF CREDIT CARD ABUSE – CREDIT CARD ACCOUNT SUMMARY BROUGHT ON THE DATE OF THE EVENT TO DETERMINE WHETHER IT WAS USED AND THE RESULT SHOULD BE ESTABLISHED ACCORDING TO THE PROVISION-VIOLATION OF THE PROVISION

Summary: credit card account summary was brought, whether it was used on the date of the incident, the method and number of use were determined and all the evidence was evaluated together and according to the result of the defendant’s legal status should be appreciated and determined, without consideration, incomplete investigation required the establishment of the conviction provision to be overturned. A decision has been made to overturn the sentence.

(5237 P. K. m. 53, 116, 142) (ANY. MAH. 08.10.2015 T 2014/140 E. 2015/85 K.)

Case and verdict: discussed and considered:

I-8/1 of Law No. 5320, the provision duly communicated to the accused on 15.05.2014. CMUK No. 1412, which must be applied in accordance with article.nun 310. after a week period determined in the article 02.09.2014, the defendant who appealed on 26.09.2014 decided to reject the appeal request and notified him on 09.10.2014, cmuk said additional decision.nun 310. after a one-week legal period specified in Article 15.12.2014, the defendant who appealed on the appeal request 5320 of law 8/1. cmuk, which must be applied in accordance with the article.nun 317. unanimous (rejection),

II – in the review of the appeal against the provisions established against the accused for theft and damage to property;

TCK by law No. 6545, which entered into force after the date of provision.although article 142/1-b of the nun was repealed, because the aforementioned crime was regulated in Article 142/2-h and this regulation was clearly against the defendant, this issue was not made a reason for violation; TC 5237.nun 53. deprivation of rights in Article; 24.11.2015 date and 29542 of the Constitutional Court published in the Official Gazette and entered into force 08.10.2015 day and 2014/140 basis, 2015/85 decision no.

In accordance with the trial, the content of the file, the evidence collected and shown and evaluated at the site of the decision, the formation and discretion of the court as a result of the investigation, the acceptance and application in accordance with the formation and nature of the crimes, the defense of the accused in accordance with the grounds described as legal, legal and adequate, the unanimous (approval)of the provisions with the rejection of Appeals that the crimes are not fixed,

III-appeals against the accused for violations of housing immunity and misappropriation of credit cards;

1-in the absence of any evidence that the other defendant …entered the victim’s house with the defendant … according to the scope of the entire file, the basic punishment assigned to the defendant when establishing a sentence for violating the immunity of housing is TCK.determination of excess punishment by increasing it in accordance with article and paragraph 119/1-c,

2 – in terms of the crime of credit card abuse, the victim’s testimony at the investigative stage revealed that the defendants tried to use the credit card they received from him three times at the gas station; a witness working at the gas station …’s a person came to the petrol station and tried but failed to pay with a credit card where the process for entering an incorrect password, the person 15 minutes later, another friend came and while you’re trying to operate in the same way to declare the defendant if paid with cash money given by the victim to indicate that the fuel in the face of the credit card used for the account in the history of the event brought in summary, the form and number of use is determined and all the evidence is evaluated together and the conclusion is that the legal status of the accused should be assessed and determined, without regard to incomplete research and the establishment of a sentence of conviction in writing,

3-TCK No. 5237.nun 53. deprivation of rights in Article; Constitutional Court 24.11.2015 date and 29542 published in the Official Gazette 08.10.2015 day and 2014/140 basis, 2015/85 decision no.,

Conclusion: contrary to the law, since the appeals of the defendant’s defense have been considered in place in this respect, the provisions are 8/1 of law 5320 for these reasons. cmuk, which must be applied according to the article.nun 321. her upset was decided by unanimous decision on 30.06.2016.