12 May Serious Acquisitive Crime
T.C.
SUPREME
13. CRIMINAL DEPARTMENT
PRINCIPAL NO: 2014/9306
DECISION NO: 2014/24636
DECISION DATE. 09.09.2014
Court of review: Izmir 3. Juvenile Court
Date: 30/01/2013
Number: 2012/552 (E) and 2013/15 (K)
Crime: theft
Sentencing: conviction
Appellant: defendant’s defence
The decision given by the local court was appealed and the file was examined and considered necessary:
In accordance with the contents of the files and the minutes of the trial, the legally valid and favorable evidence that was collected and examined and discussed at the decision place, the grounds and the judge’s discretion, it was understood that there was no violation of procedure and law in the admission that the discarded crime was committed by the child who was dragged into the crime, and other appeals
However, TCK No. 5237 ‘ s 61/1. Article 145 of the TCK that the value of the goods is less than or less than the value of the goods subject to the offence of theft is a criterion for moving away from the lower limit in determining the basic penalty. the regulation of the article separately shows the importance given by the legislator to the lesser value of the property in the crime of theft.
As stated in the case law No. 6/242-291 of the Penal General Assembly of the Supreme Court of Cassation day 15.12.2009, the opinion that “…take only what is as little as its requirement and as little as its value while having the ability to receive more” was cited in Article 145 of the TCK. although it is not possible to reject the substance in its entirety, it is not possible to limit the substance to this definition alone. 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 less. Tck’s 145. according to the article, in order to be able to make a discount on the penalty given to the perpetrator, it is sufficient to have less value of the goods, the prevailing discount rate of TCK’ s 3. it must be determined to be proportional to the weight of the verb being processed, as stipulated in the article. If the decision is to be made to give up punishment because of the lack of value, the nature and characteristics of the crime should be taken into account as well as the lack of value of the property.
Tck’s 145. the judge is given the right of discretion in the application of the article and the judge should make the application by giving appropriate, legal and sufficient justification for every concrete event without avoiding arbitrariness in the use of his discretion.
In the concrete case, the child dragged to crime, construction materials belonging to the company sold the total value of 18,00 TL 2 pieces of door lock in the face of the understanding that knocked, the child dragged to crime, the manner and characteristics of the crime committed as punishment can not be waived, because the value of the goods that constitute the subject of theft the child who was dragged into the crime ….. since the appeal appeals of the defender were deemed appropriate in this respect, it was decided unanimously on 09.09.2014 that the provision should be overturned in contravention of the communiqué for the reasons described.
No Comments