29 Mar In An Incident In Which The Defendant Tried To Hit The Petitor By Waving a Knife That He Removed From His Waist, and The Petitor Escaped, The Defendant’s Action Constituted The Crime Of Attempted Looting
T.C. SUPREME
6.Criminal Division
Basis: 2015/1208
Decision: 2016/5621
Decision Date: 29.06.2016
CRIME OF LOOTING – THE DEFENDANT’S ACTION CONSTITUTES THE CRIME OF ATTEMPTED LOOTING IN THE EVENT THAT THE DEFENDANT TRIED TO HIT THE POLYTHEIST BY WAVING THE KNIFE HE HAD PULLED OUT OF HIS WAIST AND THE DEFENDANT ESCAPED BY RUNNING AWAY-VIOLATION OF THE SENTENCE
Abstract: in the event that the accused who was charged with the crime of looting tried to hit the polytheist by waving the knife he pulled out of his waist, but the polytheist escaped; the actions of the accused constituted the crime of attempted looting as a whole, without being considered to constitute the crime of looting, the A decision has been made to overturn the sentence.
(5237 P. K. m. 35, 53, 149) (ANY. MAH. 08.10.2015 T 2014/140 E. 2015/85 K.)
Case and decision: the verdict given by The Local Court is appealed; Supreme Court 17.Sent to our office with the decision of the criminal Department dated 06.04.2015, the file was discussed according to the nature of the application, the type of punishment, the duration and the date of the crime:
I – in the examination of appeals against the sentence established for defamation against the accused;
According to the content of the files and the minutes of the hearing, the legally valid and favorable evidence, the justification and the discretion of the Board of judges, which were collected and examined at the site of the decision; since there was no violation of the procedure and law in accepting and qualifying that the crime was committed by the defendant, other appeals were not considered on the spot.
But;
For the defendant to be deprived of the exercise of the rights written in Article 53/1-a-b-c-d-e of the TCK until the execution of the prison sentence is completed; however, 53/3 of the TCK. if conditional release in accordance with article 53/1-c of the TCK on its own subso, it has been decided to terminate its deprivation of the use of the rights listed in paragraph 53/1-C.; 24.11.2015 published in the Official Gazette dated 08.10.2015 day of the Constitutional Court, 2014/140-2015/85 basic and decision numbered decision of the TCK 53/1-b article written,” election, election and other political rights to use ” the phrase has been canceled,
8/1 of law 5320, since the appeal of the defendant’s defense has been considered in this regard, the provision has been violated in violation of the request for the reason described, and the reason for the violation does not require a retrial. article 322 of Cmuk No. 1412. based on the authority granted by Article 53 of the TCK from the provision clause. instead of removing the section on the application of the article, “as a legal result of the conviction of the accused with a prison sentence for the crime he intentionally committed, the TCK is 53/1. from the point of view of the application of the article, (A, c, d and E) and (b) to the deprivation of the exercise of election, election and other political rights written in paragraph; 53/2 of the same law. 53/1.election and other political rights written in paragraphs (a, c, d and e) of Article (b) and Paragraph 3 of the same article. in accordance with paragraph (c), he cannot use the powers of custody, guardianship and trusteeship on his lower lineage written in paragraph” to correct and approve the provision, other aspects of which are in accordance with the procedure and law, by writing the sentence”,
II-as for the examination of appeals against the sentence established against the accused for attempted deliberate wounding with a weapon;
By occurrence and file scope; on the day of the incident, when the polytheist was waiting in front of the Agricultural Bank, which was on the way to connect with the witness … the accused came to them and entered the polytheist’s arm and said, “You will give me 100-TL”, when the polytheist said that he did not have money, the accused threatened the polytheist in the form of “you will give me money, if you do not give it, I will burn down his house, kill his child, no one can do anything to me, they say to me”, when the polytheist was afraid and shouted “Police”, the accused tried to shoot the polytheist by waving the knife that he pulled out of his waist, however, in the event that developed in the form of escape of the mushtekin; the actions of the accused as a whole, TCK 149/1-a, 35. Establishing a written sentence by delusion in the qualification of the crime, without considering that it constitutes the crime of attempted looting organized in its articles,
Conclusion: 8/1 of law 5320, since the appeals of the defendant’s defense were considered in place in this regard, the provision was violated in violation of the request for the reason described.article 1412 of the Cmuk 326/last article in accordance with the protection of the acquired right, 29.06.2016 was decided by unanimous decision.
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