T.C. SUPREME
6.Criminal Department

Basis: 2012/16384
Decision: 2014/22169
Decision Date: 15.12.2014

CRIME OF LOOTING – IT IS UNDERSTOOD THAT THE ACCUSED ESCAPED FROM THE SCENE ALONG WITH OTHER MONEY THEY RECEIVED, EXCEPT FOR MONEY THAT THEY THREW ON THE GROUND WITH TWO OTHER PEOPLE, GETTING RID OF THE HAND OF THE RELATIVE IN THE INCIDENT-THE ACT CONSTITUTED THE CRIME OF LOOTING

Summary: A witness who was a friend of the relative on the day of the incident H. as he walked along the road on foot, the defendant and two other people next to him were in his pocket after striking and distracting him ….. dollars and……. They took the money around TL with pickpocketing ingenuity; the complainant caught the defendant upon realizing the situation, whereupon the other two people asked the complainant to leave the defendant and they wanted to save the defendant from the hand of the complainant by pulling the defendant and on the ground…….. TL throwing money “instead of money, let him go,” they say, out of the pocket of the defendant yakinani one of the two parties on the left before injured himself with a razor blade, then razor yakinana wagging, yakinani on his injury, the defendant is freed from the hands to the ground with the other two parties yakinani and they threw all the money except for the money they are escaping from the scene along with the crime of plunder in the face of understanding that creates the action, disregarding, required to break the application has to be done.

(5237 P. K. m. 148)

Case and decision: the verdict given by The Local Court was appealed; the file was discussed according to the nature of the application, type of punishment, duration and date of crime:

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 the law in accepting that the crime was committed by the defendant, other appeals were not considered in place.

But,

A witness who was close to him on the day of the incident, H. as he walked along the road on foot, the defendant and two other people next to him took $ 3400 and $ 500.00 in his pocket with pickpocketing ingenuity after hitting and distracting him; yakinani, upon realizing the situation, whether to release the defendant without the defendant the defendant the person that caught the other two yakinand yakinani they want to save from the hands tugging at 195.00 a TL and the ground throwing money “instead of money, let him go,” they say, out of the pocket of the defendant yakinani one of the two parties on the left before injured himself with a razor blade, then razor yakinana wagging, yakinani on his injury, in the face of the understanding that the accused escaped from the scene along with the money they received, except for the money they threw on the ground with two other people, getting rid of the hand of the relative; practice in writing, without regard to the fact that the action constitutes a crime of looting,

To break it done until now, the defendant O. since the appeal of the defense was considered in place in this respect, the provision was overturned in violation of the request for the reason described, 8/1 of law 5320. it was unanimously decided on 15.12.2014 to observe the last Article 326/of Cmuk No. 1412 through Article.