26 Feb DECISION ON ACQUITTAL ON INSUFFICIENT GROUNDS- SUPREME COURT DECISION
T.C THE DECISION OF THE SUPREME COURT
6.Criminal Department
Base: 2016/ 5144
Decision: 2017 / 411
Date of Decision: 20.02.2017
Case and Verdict: The verdict given by the Local Court was appealed by the defendants … and … by your defense at trial; the file was discussed according to the nature, type of punishment, duration and date of offense of the application:
8/1 of Law 5320 of the defendants’ and defense’s request for a judicial review, as it has not been put forward within the legal period. article 318 of CMUK No. 1412. REFUSAL in accordance with the article,
I- In the examination of the provisions established on the defendants … and …;
The defendant, who has a conviction in the criminal record … is charged under Article 58 of the Turkish Commercial Code. the reason for the non-application of the article has not been made because there is no counter-appeal.
According to the contents of the files and trial minutes, the favorable evidence collected and discussed by examining the decision at the site, the rationale and the discretion of the Board of Judges, the defendants … and … the defense’s appeals have not been considered on the spot, except for criticism, with the refusal to APPROVE the decision in accordance with the procedure and law in accordance with the request,
II- As for the examination of the provision established on the accused …;
Based on the file content, and the occurrence, in the history of 08.04.2016 hours of the night, next to the old jail, fighting to be reported by the parties to this place on plate No. in the car when you go to the perpetrators of the event, click minted by the taxi driver suffering with plate No. commercial…, commercial yakinani riding in a cab in the use of escaping from the scene, the station failed to stop the traffic at the checkpoint Ilgın Police Department aided in the area of responsibility of the chief of the region, plate No. slams into the car involved in the accident damaged material from behind, It was determined that the officers of the Kadishani District Police Department … were stopped 20 km from the province and caught, were in the vehicle … and …,
According to the law enforcement statement of the complainant dated 08.04.2016, “… we have agreed with the owner for 40 TL per day to use the commercial taxi number plate. I was waiting at the taxi stand at about 21:30 on 08.04.2016. The unnamed male person who asked for a taxi addressed me, ‘I’m at the …’, can you pick me up and give me a lift home?’ said . Agreed….. i got into my license plate number, and three men stopped me on the way as I was driving to where the license plate was. I know one of them… The first person was slightly thin, tall, blond. The third person was tall, with short black hair. They got in my car. … he gave me the £50 he took out of his pocket, and then he said, ‘Drive uncle, we’re going to ya’. And I can’t go to them, what are we going to go for?‘when I said, ’We’re going to bury a man, what if you were the man we were going to bury,’ he said. As we moved on, I realized that their intentions were not good, and we came in front of the old prison. I turned towards the police station. They realized that I was going to the police station. The person sitting in the front seat … hit me with a fist at first, and then the people sitting in the back seat started hitting me in the head and face with a fist. And when they shot him, they all said in one mouth, ‘We’re going to fuck your mother, we’re going to kill you’. I thought they were going to kill me, I couldn’t drive, I pulled the handbrake, I stopped. In the meantime, they stopped me from getting out of the vehicle. … he asked for the 50 TL he gave me when he first got into my car. So I took it out of my pocket, and at the time I was going to give it, he forcibly took away the £ 200 money I had on me. And then they all beat me up and threw me on the floor. At this time, he started the vehicle with the key found on the vehicle that saw the police team coming 50 meters away. They hijacked my car and drove off at speed towards the industrial direction. I know that the second person is also one of the Persons, but I don’t know who the third person is,” he said in his prosecution statement dated 09.04.2016, “…Three male persons stopped me from where I was working in a taxi at about 21:30 on 08.04.2016 … when I was working in a taxi. One of them is M. his son was … They got in the vehicle. … he took £ 50 out of his pocket and gave it to me. He said, ’Drive the car, we’re going to ya’. And I said, ’I can’t go.’ There was a discussion between us. dec. …‘and when I asked why we were going, he laughed and said, ’We’re going to bury a man, we’ve met, you’re going to give us a taxi’. Then … he punched me in the face. Two people sitting in the back seat started hitting me in the head and face with fists. They didn’t threaten and insult me, they didn’t say ‘We will kill’. I don’t know why I made such a statement at the police station. I may have said that because it hurt so much. Then…he asked me for the money he gave me. While I took the 50 TL out of my pocket, I gave the 250 TL I had in my pocket voluntarily. I have no animosity with these people. I certainly didn’t insult him on the basis of slander.“ he said, during the prosecution phase, “I got a call from the owner of the commercial taxi I was using between 20.00-20.30. ‘… we have customers there, you will go there,’ he said. Also ‘okay,’ I said. Sometimes when we look at the phone late, the phone goes straight to…’s phone. When I left my client … I went to the. I got … from there. … there were three people with him. i removed the …, but I couldn’t remove the other one. It was getting 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 dec argument. Meanwhile, the car was cruising. I stopped the car when I got to the prison. They told me… that they were meeting with. By dec way, they beat me up. I was angry that… he didn’t inform me, and I got out of the car, saying, ’See how you’re doing,‘ giving back the £50. I was in front of the car. He shot another person… from behind, but I don’t know who the shooter was. At this time, there were three people in the car except me. No one got off on the way. There were also no passengers disembarked at Gülmece Park. I mean, when I was at the prison, there were four people in the car, including me. I don’t know if there’s a third party present. However … I know that I have seen. I couldn’t see anything when I got out of the car. The person I couldn’t identify… 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 without even taking the ignition out of the car, and at that moment I was angry with…, he didn’t tell me the truth of the incident. I just wanted to save myself. … He said the words ’We’re going to bury a man, what if you were the man I was going to bury’, but… they used to joke like this because he got in my car before. Even though I told the cops that they were extorting me when I got out of the car, I don’t know what I was doing out of stress, there hasn’t really been a looting incident. I gave the £200 I had and the £50 I had on my own. I wanted it to be over for that moment.“ in the prosecutor’s statement dated 09.04.2016, which he said, the complainant said, “We agreed with him about three months ago … for 40 TL per day to work as a driver of a vehicle with license plates. From that date on, he used a taxi. we’ve known each other since we were kids. He uses these commercial taxis that I have bought from time to time. on 08.04.2016 at about 20:30 … he called me. … when he said that he needed a taxi to get to his province, I said that I would arrange a taxi for him. Meanwhile, I had guests. I forgot to call Abi about this. Later… the brother called me on the phone and said that they were arguing, that the car … was taken. So I went to the police station. I found out that the car was in an accident. I am not complaining about the damage caused to my vehicle. he made a statement in the form of “at the stage of prosecution, “We met with my friend on the phone at 19:30 on the day of the incident. … he said he was going to go to. We’ve met face to face before. First the taxi’s phone is decalled, it is transferred to me if the phone is turned off or busy. So I…directed him there, saying that ’ya… is a customer there. I didn’t let him know that we were talking to… Then I got a call from… between 20:30 and 21:00. He called the police station. When I went to the police station, I found out that such an argument had dec between them. Then I said I had news and forgot to pass it on. I’m not complaining. I have my prior consent to take the car away,”he said,
In the defendant’s law enforcement statement dated 09.04.2016 in front of your defense, he said: “On 08.04.2016, I received a phone call in the evening. … He found out that a friend of his was sick in the province. We decided to … go to the Province together. … 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. The cabbie said he couldn’t take it. … called the owner of the taxi and interviewed him. The owner of the taxi told him to take the taxi and leave. We told the taxi driver that we would take the taxi and go to Ili and come back. … he gave the cabbie an unknown amount of money. The taxi driver got out of the vehicle near the old prison. … the driver went to the scene to use the vehicle. We set off together. There were no three people in the vehicle, as the taxi driver claims. And we certainly did not extort, assault, insult, threaten him. I don’t know how he was hurt. There was no police car coming to us as we were leaving the vicinity of the prison. He didn’t give us a stop notice and didn’t follow up.” in his prosecution statement dated 09.04.2016, he said: “On 08.04.2016 at about 21:00, my aunt’s son … and my uncle’s son … and I bought alcohol in the house that belongs to us. Then … he said that his friend … who was in Abi… was in the hospital, that he was going to visit her. He called his intimate friend, who had taken his taxi earlier, and asked for his taxi. We got in a taxi … in the middle. When we got to the place where the old prison was, we took down the driver of the car. … and we left it at Gülmece Park and …we went on our way to. When we decommissioned the driver, there were no arguments, insults, threats and injuries, and there were no police vehicles following us,” he said at the prosecution stage, “…While we were in the car, … there was an argument with a taxi driver, they agreed between them. I didn’t understand the reason for the argument, because I was sitting in the back. He cursed at the cabbie, so… he hit him, and he hit him. Then they agreed. … ’I’ll go to …’, we… agreed,’ he said. After that, the taxi driver gave the ignition to Abi and left. … at first he was in the car, he got out of the car at Gulmece Park.” said,
In the defendant’s law enforcement statement dated 09.04.2016 in front of your defense, the defendant said: “On 08.04.2016 in the evening … in your province … we received news that my friend named was disturbed. … together with him, we decided to go to the Province … to visit him. I’ve rented a taxi before, so I called a taxi with license plates that I know on my mobile phone and asked him to come around. after 5-10 minutes, the taxi driver, whose name I didn’t know before, I found out later because of the incident, came to the location we were calling. … and we got in the car together and … we said we wanted to go to Ili. The taxi driver … said he couldn’t go to his province. So I told him that we knew the owner of the taxi, that he should take us. The taxi driver said he couldn’t take it. And that’s when I told him that we would give him the taxi fare, that he would give us the taxi, that we would go to Ili and come back. The taxi driver agreed. I paid the taxi driver a fee of 100 TL in advance. We had £300 in cash on us. We bought cigarettes on the way. I don’t know how much money I have left on me. We got the cabbie out of the car in front of the old prison. … We set off together … towards the Province. I was using the tool. There were no three people in the vehicle, as the taxi driver claims. And we certainly did not extort, assault, insult, threaten him. I don’t know how he was hurt. There was no police car coming to us as we were leaving the vicinity of the prison.” in his prosecution statement dated 09.04.2016, he said, “On 08.04.2016, around 21:00 … and with my aunt’s son … we called a taxi to visit my friend who was disturbed in the province. This taxi belonged to a guy I’ve known since I was a kid. I… I called and asked if we could take a taxi to the … She said We Could Go itself. We met in front of … the taxi driver. We have indicated to him that we have obtained permission from the car owner…. there was a little argument between us when dec didn’t believe us. I… had him call…. When he said ’give us the car’… he gave us the car. We were going to buy the car for 100 TL. I decided the fee in advance. I have £200 left in my pocket. Then we bought cigarettes on the way. We took the driver out of the vehicle in front of the prison, but we did not insult or threaten him. …we got the ’u out of the car in Gülmece Park and headed towards the ‘.“ he said that at the stage of the prosecution “…The incident was caused by a complete misunderstanding, I certainly did not take the client’s money, I did not call him on the phone, we met face to face. I told you that I called in my statement at the police station under the influence of alcohol, my current statement is true. Although I said I didn’t hit the complainant, I admit that I did now, because I couldn’t say it because I was afraid of the effects of alcohol. He hit me, and I hit him. … he was in the car at first, he got off at Gulmece Park. There was no fight between us until he decamped.”he made a statement in the form of,
… in the prosecutor’s statement dated 09.04.2016 “On 08.04.2016 at about 21:00 in the house right next to the Tea quarter … and … I saw him in a state of alcohol. I wasn’t an alcoholic. They called a taxi themselves and told me to come too. … we took a taxi together in the middle of. They didn’t tell me where to go or what to do. They took me out of the car in Gülmece Park. I definitely didn’t beat up the taxi driver. I didn’t take the money and the taxi from him by force. I have not insulted or threatened him, I do not accept the charges.” he said, at the stage of prosecution, ” …I was not in the car in the incident of receiving money in the car that was mentioned in the client’s statement, I got out of the car before I got to the prison, so I am not the one who appears in the camera recording.”he made a statement in the form of,
In the forensic report of the victim, it is stated that he was injured in a way that can be eliminated by simple medical intervention,
CCTV footage shows the scene on review of the expert’s report, the pause that made commercial in the first place the Left front cab door, half-opened position, but it’s not someone down, as we continue to remain open for a while, after a while, the door opened and a person down to the following commercial front left rear of the cab on the left, he went towards the door, commercial door left front of the cab and the rear of the cab on the part of a person from iteklesme too landed, and that person left and went towards the front door, download the driver below, the front of the vehicle and left at the front door and left the front door came a person from the three components of the vehicle in the portion of itekledik the driver of the vehicle, the driver wants to sit the scene from part to another person, but in this situation the driver of the vehicle tried to stop it, the person in the driver’s seat again on the ride and two people descending the driver of the vehicle got on the brakes in the vehicle correctly iteklendi team of police officers and middle towards the other person that saw the coming of hiding refus middle of refuge in part of the police team saw the driver of the vehicle and ran into a police car, at the same time, it was noted that it was determined that the persons who noticed the police team left the scene quickly in a commercial vehicle,
Complainant of the incident report and expert report in the first stage, is compatible with the given statements, you specify if a third person is being yakinani on the way in the next statement of the understanding that in the face of the accused …’s conviction for the crime of plunder, instead of recovering from the declaration of the crime the defendant is mistaken in appreciation of evidence and the reputation of the evaluation and are deducted, and his acquittal in place and adequate decision in writing with justification,
Since the appeal of the Public Prosecutor of that place, which required overturning, was considered in place in this regard, it was unanimously decided on 20.02.2017 that the provision should be OVERTURNED in accordance with the request for the reason described.
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