T.C.
Supreme
6. Criminal Division
Base No: 2015/8481
Decision No: 2016/1929
K. Date: 15.3.2016

Court : Criminal Court
Crime: Theft

The verdict issued by the Local Court is appealed; the Supreme Court is 22.Sent to our office with the decision of the criminal Department on 09/10/2015, the file was discussed according to the nature of the application, the type of punishment, the duration and the date of the crime:

In accordance with the content of the files and minutes of the trial, the legally valid and favorable evidence, the justification and the discretion of the Board of judges, it is understood that there is no violation of the procedure and law in accepting that the action was carried out by the defendant, other appeals were not considered in place.

But;

The defendant with the crime occurrence and the contents of the file that is not a reason to throw yakinani according to the narrative, the defendant, 20:30 to go to the mall out of the house suffering … …’I stopped, ”engine down” said, is to stop him from moving by holding the bike, and yakinani located next to the motorcycle with the girlfriend, in the face of fleeing the scene of the understanding; instead the defendant’s liability for the crime of plunder, the evidence at the discretion of justification treated as a reduction of the error and not enough with the crime of theft is accepted and the decision in writing,

8/1 of law 5320, since the appeals of the defendant’s defense have been considered in place in this respect, the provision has been overturned for the reason described.article 1412 Cmuk 326/the last article in accordance with the right to keep the Reserve, 15.03.2016 was unanimously decided on.