T.C.
Supreme
17. Criminal Division

Principal No: 2015/10811
Decision No: 2016/2841
K. Date: 2.3.2016

Court : Criminal Court of First Instance
Crime: Theft
Sentencing: conviction

The verdict given by the local court was examined on appeal, and the requirement was considered and considered:
In the criminal record of the accused, ….. 6. Although the Criminal Court of First Instance has an ex-convict based on the repetition issued by decree 2006/589-2007/372 and its conditions are formed, about 5237 TCK 58. no application of the article, aleyhe appeal was not made because the reason for the violation was not made;
According to the content of the files and the minutes of the hearing, the legally valid and favorable evidence, the motive and the discretion of the judge, it was understood that there was no violation of the procedure and the law in accepting and qualifying that the crime was committed by the defendant, and other reasons for appeal were not seen in place.
But;
1-although the act of stealing insulation materials left in front of the construction for use in construction remains within the scope of Article and paragraph 142/1-e of the TCK, 141/1 of the same law. application in accordance with the article;
2-accused…….14 pieces of insulation material from the construction site belonging to the company of the client, and when he returned to the place where he left it for sale, the stolen goods were taken by the police and handed over to the client, without the help of the defendant, in the face of the investigation, the provision established without regard to the fact that there is no possibility to apply effective provisions of remorse against the defendant is 168/1 of TCK 5237. determination of incomplete punishment by applying the article,
3-5237 No. 61/1 of TCK. according to Article 145 of the TCK, the fact that the value of the goods is more or less the lower limit in determining the basic penalty is a criterion for moving away from the lower limit. the regulation of the article separately shows the importance that the legislator attaches to the low value of the property in the crime of theft. As stated In Case Law No. 6/242-291 of the General Assembly of the Supreme Court of Criminal Appeals day 15.2009,” … receiving only what is less than the requirement and value, while it is possible to receive more”, TCK 145. although it is not possible to completely reject the substance in the application, it is also not possible to limit the substance only by this definition. 145. both the first form and the modified form of the article are based on the fact that, by common definition, the value that constitutes the subject of the crime of theft is minimal. 145 of the TCK. according to the article, the property can be reduced in the penalty given to the perpetrator
it is sufficient that the value is less than, and the prevailing discount rate is 3. as stipulated in the article, it must be determined so that it is “proportional to the weight of the verb being processed”. If a decision is made to give up punishment due to a lack of value; in addition to a lack of value of the property, “the way and characteristics of the crime” should also be taken into account. 145 of the TCK. in the application of the article, the judge is granted discretion, and the judge should apply it without avoiding arbitrariness in the use of discretion, showing appropriate, legal and adequate justification for each specific event.
In a concrete case, the defendant stole insulation material worth 60.00 TL from the construction site of the mushtekin at the date of the crime; 145 of the TCK due to the fact that the value of the property that constitutes the subject of theft is less. failure to observe that the penalty given in accordance with the article should be reduced at the rate determined,
4-t.C. 53 Of The Constitutional Court, Tck. article, 2014/140 basis and 2015/85 decision no. cancellation decision, 24.11.2015 day and 29542 due to the Official Gazette published in accordance with the cancellation decision 53 of the TCK. an obligation to reassess the deprivation of rights in the article,
He required a violation, the defendant……..since the reasons for the appeal were considered in this regard, it was unanimously decided on 02.03.2016 to overturn the provision in violation of the communique for the reasons described, to observe the acquired right of the accused in accordance with Article 326/last of the Law No. 1412.