T.C.
Supreme
2. Criminal Division

Base No: 2014/577
Decision No: 2014/5739
K. Historical:
According to the contents of the file and the occurrence, the items stolen from the House of the relative were seized in the vehicle used by the defendant Erkan on a notification made half an hour later on the same day, and in the face of the evasive confession of the defendant about the occurrence; the TCK, which corresponds to the action of the defendant Erkan without regard to his direct participation in the crime.instead of being punished by Article 37/1, the same law on the accused Erkan cannot be applied in a concrete case 39. establishment of a discount provision in accordance with the article,

Defendants Serdar Fidan, Ümit Çiçek and Recep Bilekçier decided to commit within the Union of ideas and actions in accordance with their work section in the crime of theft, defendants Serdar and Umit entered the house by breaking the lock of the entrance door of the apartment of the participants, and defendant Rexhep remained in the vehicle to watch; the accused Rexhep is the main perpetrator in terms of all crimes, considering that he is the main perpetrator of housing immunity and damage to property.nun 37/1. according to the article, he should be sentenced for theft.nun 37/1. article 39 of the same law for the crimes of violating the immunity of the defendant’s housing and damaging property. determination of incomplete penalty by applying with article,
According to the formation and contents of the file, the defendant A. O.he complied with his action without being observed to have directly participated in the crime by cooperating with the other accused.39, which does not have the ability to apply the same law on the defendant in a concrete case, rather than being punished by the sign of Article 37/1. establishing a provision under the article required violation.