Supreme Court of the Republic of Turkey

8.Criminal Division
Basis: 2016/6617
Decision: 2016/8693
Decision Date: 30.06.2016

CRIME OF BANK OR CREDIT CARD ABUSE – DETERMINATION AND ASSESSMENT 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-INCOMPLETE RESEARCH

Summary: the bank card belonging to the complainant is brought to the account summary of the date of the crime and the ATM camera footage of the time period related to determining which ATM withdrawal made on the date of the crime was made at which time, when possible, the defendant and the complainant … and the witness …are confronted, if not, the defendant is made to make a diagnosis by showing the complainant and the witness, all evidence must be collected and evaluated together and determined according to the conclusion of the legal situation of the defendant by showing the CD images, showing the CD images to the defendant and asking whether the person in the images is himself.

(5237 P. K. m. 53, 58, 245) (5271 P. K. m. 226) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)

Case and verdict: discussed and considered:

1- If not, the defendant and the complainant … and the witness …’s face, if not, the accused and the witness are shown to the complainant and the witness by showing the pictures of the accused and the witness to the diagnosis taken from the height of the complainant and the witness to be made the diagnosis process., all evidence is collected and evaluated together by showing the CD images to the defendant and asking whether the person in the images is himself, and according to the result, the determination and evaluation of the legal situation of the defendant is necessary, while the provisions are established in writing with incomplete research,

2-according to acceptance and application;

a) TCK.nun 245/1. failure to observe that in accordance with the article and paragraph, a judicial fine should be imposed, as well as a basic prison sentence,

b) CMK about the defendant, whose testimony was taken by Capture and whose criminal record was not read.nun 226. article 5237 of the TCK, which is not shown in the indictment and the decision to dismiss, without granting additional defense rights in accordance with the article.nun 58. restriction of the right of defense by deciding on the implementation of the execution regime specific to repeat offenders according to the article,

c) 24.11.2015 date and 29542 of the Constitutional Court 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 provisions of Law No. 5320 8/1 for these reasons. CMUK No. 1412, which must be applied in accordance with article.nun 321.ve 326th in accordance with the articles, it was decided unanimously on 30.06.2016 that the rights acquired in terms of the amount of punishment should be violated, without prejudice.