T.C. THE DECISION OF THE SUPREME COURT
6.Criminal Department

Base: 2012/16384
Decision: 2014/22169
Date of Decision: 15.12.2014

LOOTING CRIME – IN THE INCIDENT, IT IS UNDERSTOOD THAT THE ACCUSED ESCAPED FROM THE HANDS OF THE COMPLAINANT AND FLED THE SCENE ALONG WITH THE OTHER MONEY THEY RECEIVED, EXCEPT FOR THE MONEY THEY THREW ON THE FLOOR WITH TWO OTHER PEOPLE – THE ACT CONSTITUTES A LOOTING CRIME

SUMMARY: Witness H, who was a friend of the complainant on the day of the incident. while he was walking on foot along the road with the defendant and two people next to him after hitting the victim and distracting him in his pocket ….. dollars and ……. They took the money around TL with the ingenuity of pickpocketing; the complainant caught the accused when he realized the situation, after which the other two people asked the complainant to leave the accused and pulled the accused and wanted to save the victim from the hands of the complainant and on the ground ……… TL throwing money “instead of money, let him go,” they say, yakinani the defendant out of the pocket of one of the two parties on the left before himself wounded with a razor blade, then the razor yakinana wagging, yakinani on his injury, and the defendant is freed from the hands to the ground with the other two parties yakinani they threw all except for the money along with the money they are escaping from the scene of action in the face of the crime of plunder disregarding that creates understanding of the application required to break has to be done.

(5237 Pp. K. m. 148)

Case and Decision: The decision made by the Local Court was appealed, and the file was discussed according to the nature, type of punishment, duration and date of offense of the application:

According to the contents of the files and trial minutes, the legally valid and favorable evidence collected and discussed at the decision site, the justification and the discretion of the Board of Judges; Since it is understood that there is no violation of the procedure and law in accepting that the crime was committed by the defendant, other appeals were not considered on the spot.

But,

The witness who was with the victim’s friend on the day of the incident is H. while walking on foot along the road with the defendant and two people next to him, after hitting the victim and distracting him, they took about $ 3,400 and $ 500,00 in their pockets with pickpocketing ingenuity; yakinani, upon realizing the situation, the defendant whether to release the defendant without the defendant yakinand two that caught the other person they want to save from the hands tugging at the ground and throwing money yakinani 195.00 TL “instead of money, let him go,” they say, yakinani the defendant out of the pocket of one of the two parties on the left before himself wounded with a razor blade, then the razor yakinana wagging, his injury on yakinani, in the face of the understanding that the accused escaped from the hands of the complainant and fled the scene together with the other money they received, except for the money they threw on the floor with the other two persons; without considering that the act constitutes the crime of looting, the application should be made in writing,

To break it done until now, the defendant in O. since the appeals of his defense have been considered in place as of this moment, the provision may be overturned involuntarily for the reason described in Section 8/1 of Law No. 5320. on 15.12.2014, it was unanimously decided to comply with Article 326 / last of CMUK No. 1412 through its article.