13 Nov DETERMINATION AND APPRECIATION OF THE LEGAL SITUATION BY EVALUATING ALL THE EVIDENCE BY SHOWING THE CD IMAGES TO THE DEFENDANT AND ASKING IF THE PERSON IN THE IMAGES IS HIMSELF
T.C. SUPREME COURT DECISION
8.Criminal Department
Base: 2016/6617
Decision: 2016/8693
Date of Decision: 30.06.2016
CRIME OF MISUSE OF BANK OR CREDIT CARDS – DETERMINATION AND APPRECIATION OF THE LEGAL SITUATION BY EVALUATING ALL THE EVIDENCE BY SHOWING THE CD IMAGES TO THE DEFENDANT AND ASKING IF THE PERSON IN THE IMAGES IS HIMSELF /HERSELF – INCOMPLETE INVESTIGATION
ABSTRACT: An account summary of the complainant’s bank card belonging to the date of the crime is brought to the relevant bank to request ATM camera images of the time period related to determining which ATM at which time the withdrawal was made on the date of the crime, to confront the accused and the witness when possible, if not, the defendant’s neck photos taken by showing the complainant and the witness to make the diagnosis process by showing the complainant and the witness, all the evidence should be collected and evaluated together by showing the defendant the CD images and asking if the person in the images is himself or she, according to the result, the defendant’s legal status should be determined and appreciated.
(5237 P. K. m. 53, 58, 245) (5271 Pp. K. m. 226) (ANY. MAH. 08.10.2015 T. E. 2014/140 2015/85 K.)
Case and Decision: Discussed and considered as required:
1- An account summary of the complainant’s bank card belonging to the date of the crime is brought in and ATM camera images belonging to the time period related to determining which ATM at which time the withdrawal was made on the date of the crime are requested from the relevant bank, when possible, the defendant and the complainant … and the witness … should be confronted, if not, the defendant’s neck photos taken by the complainant and the witness by showing the diagnosis process, questioned documents in the defendant’s diagnosis photos and conducive to the time of the withdrawal of the CD that is included with the images on CD recordings ATM processing times also reported the defendant’s expert witness in the matter of review commissioned by the presence in the image, CD of images to be shown to the defendant, and by having to be asked whether he is the person in the images are evaluated together and gather all the evidence and according to the results, the decision and judgment of the defendant’s legal status, while the establishment of provisions written with incomplete research,
2- According to acceptance and application;
a) TCK.nun 245/1. failure to observe that in addition to the basic prison sentence in accordance with article and paragraph, a judicial fine should also be imposed,
b) CMK about the defendant, whose statement was taken by arrest and whose criminal record was not read.No. 226. according to article 5237 of the TCK, which is not shown in the indictment and the decision on dismissal, without granting the right of october defense.nun 58. restriction of the right to defense by deciding on the implementation of the execution regime specific to the accused according to the article,
c) In accordance with the decision of the Constitutional Court dated 24.11.2015 and published in the Official Gazette No. 29542 dated 08.10.2015 and based on 2014/140, annulment No. 2015/85 decision of the TCK entered into force on the date of 08.10.2015.nun 53. there is an obligation to re-evaluate the article,
Conclusion: Contrary to the law, since the defendant’s appeals have been considered in place as of this date, the provisions are therefore 8/1 of the Law No. 5320. CMUK No. 1412, which must be implemented in accordance with its article.nun 321.ve 326th. in accordance with the articles, it was decided unanimously on 30.06.2016 that the VIOLATION of the rights acquired in terms of the amount of punishment would be reserved on the day of 30.06.2016
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