T.C. THE DECISION OF THE SUPREME COURT
6.Criminal Department

Base: 2012/11903
Decision: 2014/20394
Date of Decision: 24.11.2014

PLUNDER CRIME – WHEN THE VICTIM PUTS THE HANDBAG WITH MONEY AND CARDS IN THE BAG, WHILE THE DEFENDANT CONTINUES TO PULL THE BAG, THE VICTIM FALLS TO THE GROUND AND IS INJURED IN A WAY THAT CAN BE ELIMINATED BY SIMPLE MEDICAL INTERVENTION – THE ACT WILL CONSTITUTE A PLUNDER CRIME

SUMMARY: According to the occurrence and file content, the mobile phone for which the store was on the sunday on the date of the incident, ………. TL bag handbag money and cards, did some shopping in the market for a while back in a Dec squatted on the floor, just wanted to correct you on the bag, in the meantime, the defendant suddenly ran, and the yakinani hand in hand in the bag, the bag is received from the hands of the defendant yakinani forced to take this bag back, but the defendant’s bag fell to the ground and continues to take in order yakinani you were injured in a way that will be resolved with simple medical intervention, the understanding that in the face of; the establishment of the provision required to be overturned without regard to the fact that the act would constitute the crime of looting.

(5237 Pp. K. m. 141, 148)

Case and Decision: The decision made by the local court was appealed, and the file was discussed according to the nature, type of punishment, duration and date of offense of the application:

According to the contents of the file and the occurrence of the event in the history yakinani out of the market for cell phone, $ 250 cash and cards handbag bag for a while, did some shopping in the market, a back Dec squatted on the floor, just wanted to correct you on the bag, in the meantime, the defendant suddenly ran, and the yakinani hand in hand in the bag, the bag is received from the hands of the defendant yakinani forced to take this bag back, but the defendant’s bag fell to the ground and continues to take in order yakinani you were injured in a way that will be resolved with simple medical intervention, the understanding that in the face of; establishment of a provision in writing without regard to the fact that the act will constitute the crime of looting,

Required a breakdown, defendant N. since the appeals of the Public Prosecutor of that place with your defense were considered in place as of this moment, it was decided unanimously on 24.11.2014 that the verdict would be overturned as requested for the reasons described.