06 Feb Crime Of Unauthorized Use Of a Debit Or Credit Card
T.C. SUPREME
8.Criminal Division
Basis: 2016/6624
Decision: 2016/8690
Decision Date: 30.06.2016
CRIME OF BENEFIT BY UNAUTHORIZED USE OF A BANK OR CREDIT CARD – THE NEED TO DISCOUNT THE DEFENDANT WHO MADE A PARTIAL PAYMENT AT THE INVESTIGATION STAGE – THE PROSECUTION STAGE IS CONSIDERED TO HAVE ELIMINATED THE DAMAGE AND CONTRADICTED – VIOLATION OF THE PROVISION
Summary: about the defendant who made a partial payment at the stage of the investigation, TCK 5237.nun 168/1. although a discount should be made in accordance with the article, it is considered that it eliminates the damage at the stage of prosecution and the application article TCK.nun 168/1. causing a conflict in the provision by showing it as an article and paragraph and giving a 1/2 percent discount required the provision to be broken.
(5271 P. K. m. 231) (5320 P. K. m. 8) (5237 P. K. m. 53, 168) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)
Case and verdict: discussed and considered:
CMK decided to withdraw the disclosure of the prior sentence against the defendant, who did not have a final conviction as of the date of the crime.nun 231/5. according to the scope of the file, the defendant did not recover all of the damage to the victim, so the CMK.in accordance with article 231/6-c of the nun, it is understood that the withdrawal of the disclosure of the sentence against the defendant is not possible to apply; “since the defendant had previously decided to withdraw the explanation of the sentence for a deliberate crime”, since the decision that there was no place for the explanation of the sentence to be withdrawn by betting was not considered effective in the result, the idea of breaking No. 2 in the communique was not involved and the reason for breaking was not made.
According to 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 crime, the rejection of other appeals that are not seen in place of the defendant in accordance with the grounds described in accordance with the law, legal and adequate, but;
1-it is understood that the defendant made a partial payment at the stage of Investigation and prosecution, the victim abandoned his complaint at the stage of investigation due to partial payment and declared his consent to the implementation of effective provisions of remorse; TC 5237 on the defendant who made a partial payment at the stage of Investigation.nun 168/1. although a discount should be made in accordance with the article, it is considered that it eliminates the damage at the stage of prosecution and the application article TCK.nun 168/1. causing a conflict in the provision by showing it as an article and paragraph and giving a 1/2 percent discount,
2-Constitutional Court 24.11.2015 date and 29542 published in the Official Gazette and entered into force 08.10.2015 day and 2014/140 basis, 2015/85 decision in accordance with the cancellation decision no.TCK.nun 53. the item is in a re-evaluation required,
Conclusion: contrary to the law, since the defendant’s appeals were considered in place in this respect, the provision is 8/1 of law 5320 for these reasons. CMUK No. 1412, which must be applied in accordance with article.nun 321. in accordance with the article, it was decided by unanimous decision on 30.06.2016.
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