15 Aug Supreme Court Desicion About Threaten Someone With A Gun
6. Criminal Department 2018/2751 B. , 2021/1051 D.
“Case Law Text”
Court :Criminal Court
Crimes : threatening with a weapon for the purpose of collecting legal assets, opposition to law 6136
Judgements: conviction
The provisions given by the Local Court were appealed and the file was examined and considered necessary. :
I – in the examination of the provision established against the accused for the offence of opposition to law 6136:
15.04.2020 day and 13100 published in the Official Gazette on the same day 7242 Law No. 10. article 5237 of Turkish Criminal Code 53. it is considered possible that the change in the article was observed during the execution phase.:
In accordance with the content of the files and minutes of the hearing, the favorable evidence collected and examined at the site of the decision, the justification and the discretion of the Board of judges, the defendant … and his defense, since the appeals of the appeal are not seen in place, the refusal to approve the provision found in accordance with the procedure and law, such as a request,
II – in the examination of the provision established for the crime of threatening a weapon for the purpose of collecting legal receivables against the accused:
According to the content of the file, the legally valid and favorable evidence, grounds 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 law in accepting that the crime was committed by the defendant, other appeals were not considered in place.
But;
The defendant …’s participating in the …’S going home by identifying themselves as police itself, “prostitution did it” to see it for yourself and say $ 2,000 wants to give the victim the accused to show the police your ID upon request, the defendant concealed weapon, putting it on the table, “here is my ID here” from the hands of 450 TL and the victim took his money, and when he gets home an hour later, the defendant and the victim call, “you didn’t have enough money” are saying, and wants to get the remaining money ready, after the defendant came to the victim to get the remaining money, the accused was caught by the police, in the event; the accused was mistaken in the nature of the crime, without thinking that it constituted the crime of looting with a gun, in the residence and at night, and the provision was established in writing on the spot and with insufficient grounds,
Since the appeals of the prosecutor of the Republic of that place with the defense of the defendant … were considered in place in this respect, it was unanimously decided on 27/01/2021 to overturn the provision in accordance with the request for the reason described.
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