27 Oct THE SUPERIOR COURT DECISION FOR CRIME OF MISUSE OF CREDIT CARDS
T.C. SUPREME COURT
8.Criminal Department
Base: 2016/6199
Decision: 2016/8684
Date of Decision: 30.06.2016
CRIME OF MISUSE OF CREDIT CARDS – A STATEMENT OF THE CREDIT CARD’S ACCOUNT MUST BE BROUGHT AND DETERMINED WHETHER IT WAS USED ON THE DATE OF THE INCIDENT AND A PROVISION MUST BE MADE ACCORDING TO THE RESULT – VIOLATION OF THE PROVISION
ABSTRACT: By bringing a statement of the credit card account, determining whether it was used on the date of the incident, the method and number of its use, and evaluating all the evidence together, according to the result, the establishment of a conviction verdict with incomplete research required to be overturned, without considering that the defendant’s legal status should be assessed and determined. It has been decided that the provision will be overturned.
(5237 Pp. K. m. 53, 116, 142) (ANY. MAH. 08.10.2015 T 2014/140 E. 2015/85 K.)
Case and Decision: Discussed and considered as required:
I- The provision of Law No. 5320, which was duly communicated to the accused on 15.05.2014, is 8/1. CMUK No. 1412, which must be applied in accordance with its article.nun 310. it is understood that the defendant who appealed on 02.09.2014 after the one-week period specified in the article … decided to reject the appeal request on October 26.09.2014 and notified him on 09.10.2014, the additional decision in question was CMUK.nun 310. on 15.12.2014, after a one-week legal period specified in Article 8/1 of Law No. 5320, the defendant who appeals may request an appeal. CMUK, which must be applied in accordance with the article.nun 317. unanimously in accordance with the article (refusal),
II- In the examination of the appeal against the provisions established on the accused for theft and damage to property;
By Law No. 6545, which entered into force after the date of its provision, the TCK.although Article 142/1-b of the law has been repealed, this issue has not been made the reason for the violation, since the aforementioned crime was regulated in Article 142/2-h and this regulation was clearly found against the defendant; TCK No. 5237.nun 53. the article lack of Rights; Constitutional Court date and 24.11.2015 29542 published in the Official Gazette numbered, 08.10.2015 2014/140 day and, based on Decision No. 2015/85 to make an evaluation by considering the decision to cancel during the execution phase was observed.
According to the trial, the contents of the file, the evidence shown and evaluated at the place of the decision, the belief and discretion of the court as a result of the investigation, the acceptance and application of the crimes in accordance with the formation and nature of the crimes, the defendant’s defense, the appeal that the crimes are not fixed, according to the reason explained as lawful, legal and adequate, the provisions are unanimously (upheld) by rejecting the appeals of the accused’s defense,
III- When it comes to appeals against the provisions established on the accused for violations of housing immunity and abuse of credit cards;
1- In the absence of any evidence that the other defendant … entered the victim’s home together with the defendant … in accordance with the entire scope of the file, the basic punishment assigned when establishing a conviction for violating the inviolability of housing for the defendant is the TCK.determination of excess penalties by increasing them in accordance with Article 119/1-c and paragraph,
2- In terms of the crime of misuse of credit cards, in the victim’s statement at the stage of the investigation, the defendants learned that they tried to use the credit card they received from him three times at the gas station; a witness working at the gas station …’s a person came to the petrol station and tried but failed to pay with a credit card where the process for entering an incorrect password, the person 15 minutes later, another friend came and while you’re trying to operate in the same way to declare the defendant if paid with cash money given by the victim to indicate that the fuel in the face of the credit card used for the account in the history of the event brought in summary, the method and number of uses have been determined and all the evidence has been evaluated together and according to the result, a verdict of conviction has been established in writing with incomplete research, without regard to the need for an assessment and determination of the defendant’s legal status,
3- TCK No. 5237.nun 53. deprivation of rights in the article; There is an obligation to evaluate the Constitutional Court’s decision No. 29542 of 24.11.2015 on 08.10.2015 and based on 2014/140, annulment decision No. 2015/85, which entered into force on publication in the Official Gazette No. 29542,
Conclusion: Contrary to the law, since the appeals of the defendant’s defense have been considered in place as of this date, the provisions are for these reasons 8/1 of the Law No. 5320. CMUK, which must be applied in accordance with the article.nun 321. its deterioration in accordance with the article was decided unanimously on the day of 30.06.2016.
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