20 May INSULTING, RESISTING THE DUTY NOT TO DO IT, HARMING PUBLIC PROPERTY
The file was examined and considered as necessary:
In the event that the child dragged into the crime swears at the police officers who come to him after a tip that he is disturbing the environment by drinking, resists when they want to take him to the police station, and breaks the window of the interview room at the police station, the actions of the child dragged into the crime are 125/1, 3-a of the TCC No. 5237, 4, 31/3, 265/1, 31/3, 152/1- a, 31/3. 66/1-e, 66/2 of the same Law, according to the upper limit of the penalties prescribed for these crimes, where the insult specified in the articles constitutes the crimes of resisting and damaging public property in order not to perform the duty, according to the upper limit of the penalties prescribed for these crimes. the statute of limitations for the case of 5 years and 4 months specified in the articles has been fulfilled from 13.03.2015, which is the date of the decision, to the date of the review,
8 of Law No. 5320, since the appeals of the defender of the children who were dragged into the crime and the public prosecutor of that place who required the violation were considered in place in this regard, the VIOLATION of the provisions for the reason described does not require a retrial, since the reason for the violation does not require a retrial. article 322 of CMUK No. 1412, which is still in force in accordance with Article. based on the authority granted by Article 223/8 of the CMK No. 5271 of the public lawsuit filed against a child who has been dragged into a crime. the REDUCTION in accordance with the article was decided unanimously on 10.01.2022.
You can access our other article examples and petition examples by clicking here.
No Comments