T.C SUPREME COURT
2. Criminal Division
Basis: 2018 / 6747
Decision: 2019 / 1146
Decision Date: 28.01.2019
Court :Criminal Court of First Instance
Crime : theft, resisting for failing to perform duty

Sentencing: conviction

File reviewed and considered necessary;

1-The defendant … is hunting for the provisions of the conviction established for theft. … in the review of the appeal request;

As described in the decision of the criminal General Assembly dated 18.03.2008 and numbered 9-7-56, tefhim and communiques made to mandatory defense in cases where the defendant was not informed that he was assigned mandatory defense during the prosecution phase will not have legal consequences related to him; the defendant …was present during the interrogation in the magistrate’s Criminal Court at the investigation stage and continued to defend the court. … , although he has appealed the provisions established against the defendant, in the face of the understanding that during the defense of the defendant, he has declared that he does not want a defense, and it is not necessary to appoint a mandatory defense for the defendant; Av. … since the defendant does not have the right and authority to appeal the provisions of the conviction dated 15.02.2013, he does not have the right to appeal the sentence. … ‘s appeal request No. 317 of Cmuk No. 1412. refusal in accordance with the article,

2 – in the examination of the appeal request of the accused … in respect of the provisions of the conviction established for theft against the accused…, … and … in respect of the provisions of the conviction established for theft and resisting duty against the accused defense;

A) the defendants, at night at the time of the crime, the license plate of the Fiat Linea brand car with customers …and … the village where the shops … It is alleged that they were found in the village and the witness …at 01.15 at night on 28.12.2010….While in his village, he was in a vehicle and asked for an address, which he identified as the defendant …at the stage of the investigation.; in the solution of the camera images that the said vehicle was located in the mentioned villages, the exact license plate of the vehicle could not be determined, the identity of the people in the vehicle could not be determined precisely due to the poor image quality, and the witness … ‘ s statement at the hearing dated 07.06.2011 Fiat Linea brand can not see how many people were in the vehicle and; contrary to the defense of defendants who do not accept the thrown charges at all stages, their convictions that they committed the thrown theft crimes are sufficient, far from any doubt, what is the final and convincing evidence is explained and discussed at the place of decision to decide their convictions in writing,

b) 265 of TCK No. 5237. in the article “resisting not to perform the task” under the title “moving with options” and “purposeful verb”, and the actions of opposing a public official for the purpose of preventing the task are punished in the type of crime; given that the means of execution of the movement can be committed by executive behavior in the form of “algebra or threat”, and passive acts of resistance that do not include the typical actions specified will not constitute this crime; the defendants, the perpetrators of the burglary on the night in question they use 11.01.2011 with the tool in the direction where the vehicle is located on the tip by the customer when they are asked the complainants to be stopped by gendarmerie officers on the road without hitting the buoy as a safety precaution they fled out of there by Dec another means, then the chase continues, the team of gendarmerie officers and the complainants to close the path by turning the side of the tool you want, but the part of the plaintiff to the defendants of escaping from the vehicle by maneuvering the road’s side again understood that in the event defendants …, …and … establishing written convictions on incomplete examination and insufficient grounds, without discussing and showing what actions were accepted, under what circumstances they gave the body to elements of algebra or threat sought in the crime of resistance, on what evidence the verdict was established,
Because the defendants…, … and …the defense and the defendant … ’s appeals were considered in place in this respect, it was unanimously decided on 28/01/2019 that the provisions be partially reversed as involuntary for the reasons described.