13. Criminal Department 2020/5344 B. , 2020/5838 D.
“text of jurisprudence”
BREAKING THE LAW FOR THE BENEFIT OF
142/1-b and 143 of the Turkish Criminal Code No. 5237 of the defendant … for qualified theft. according to the articles of the Istanbul 5 on the punishment of 2 years and 8 months in prison (twice). Against the decision of the Criminal Court of First Instance dated 04/12/2008 and based on 2004/494, 2008/987, the Ministry of Justice dated 31/12/2019 days and 94660652-105-34-20548-2019-Puk, as well as the Prosecutor General’s Office of the Supreme Court dated 08/01/2020 days and 2020/2527 it was sent to our apartment with a notification,
AS MENTIONED IN THE NOTICE;
File scope, according to defendants, victims, and has committed … the crime of theft against the action, which accused the benefit of doubt due to lack happening in the time period in keeping with the principle, and thus need that handled the Adoption Day is observed the defendant about the specified base penalty, 143/1 of the Penal Code No. 5237. in accordance with the article, it was understood that the decision should be overturned, as there were no hits in the determination of excessive punishment by increasing it, it was reported that the decision should be overturned.
IT WAS DISCUSSED AND CONSIDERED AS NECESSARY;
A concrete case, the person accused …’s victims … and …has committed the crime of theft against the accused the benefit of doubt due to the lack of action happening in the time period, which in keeping with the principle that needed handled without considering adoption day, about the provisions of Law No. 5237 established conditions occurred when the defendant felony theft 143. criminal law applying because of prompt reversal in favor of the determination to the article based on the report of the Supreme Court, the public prosecutor’s Office post, with acceptance based on the content of the file has been seen in examined because who is accused of robbery victims … and … about A’e of action for Istanbul 5. Article 309 of the CMK No. 5271 of the provisions of the Criminal Court of First Instance dated 04/12/2008 and based on 2004/494, decision No. 2008/987. 4 of the same article, since it is intended for the application of spoilage, spoilage in accordance with article. in accordance with paragraph (d) of paragraph (d) of Article 143 of the TCK No. 5237 of the provisions on theft offences. it was decided unanimously on 18/06/2020 to remove the paragraph on the application of the article, to determine the resulting sentences as 2 years imprisonment, to protect other parts of the provisions in kind, to return the file to the Prosecutor General’s Office of the Supreme Court for sending it to the scene.
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