T.C SUPREME COURT 4.Criminal Department Base: 2015/ 21528 Decision: 2019 / 18081 Decision Date: 25.11.2019


COURT : Criminal Court of First Instance

OFFENSE : Threat

VERDICT : Acquittal

The verdict issued by the Local Court was appealed, but the duration of the application and the nature of the decision, as well as the file according to the date of the crime, were discussed:

The reasons for the refusal of the appeal request were not found, so the essence of the work was moved,

According to the minutes, documents and the content of the justification reflecting the trial process in which the conscientious opinion was formed, it was understood that acts of ill-treatment and injury were also committed against the client, but no lawsuits were filed for these acts, and considering that these acts occurred against the spouse, Law No. 253 of 5271 in terms of the crime of threat. article 3. in the examination carried out by determining that no compromise can be reached in accordance with the paragraph,

The plaintiff (maktule of) have been unsettled by his wife gave 19.04.2013 bulky and a petition because, being threatened with death, had left his house with his wife and their consent to withstand the pressures, the relevant files that exist at the police station, a lawyer for a divorce stayed at the women’s shelter, the children of threats on the fear left when you get back home; this time the wife of the defendant, his family threatened, went to a friend’s house in the institution whereupon he met his wife, I decided to search the suspect’s grandfather, he heard the safety of life at stake, and therefore should be given to the spouse of information about belirttikde after that he wanted; and finally the plaintiff dated 15.01.2014 indictment was filed on the day the suspect’s wife murdered by 13.06.2014; the mother, the daughter attendee’s threats of abuse, confirmed, as upon getting home to save his daughter, by pressing the home of the suspect and the suspect’s father confirmed that he threatened to kill himself and his daughter; the defendant in his defense, denied guilt, but leave the house due to the plaintiff’s mother-in-law went to the house in the event that; statements of the clients, the manner of occurrence of the incident, the fact that the clients mentioned the events that had previously been transferred to the police station, the client (the victim) had two children, settled in a women’s shelter and stayed there for a while, put pressure on the defendant’s wife and mother after her mother went to her home, lost her address and tried to save her life by going elsewhere, considering all these mentioned and the issues contained in the file together, as a result, the defendant who killed his wife and was sued for the murder of his wife was acquitted on written grounds, even though it was fixed that he committed the crime of breakthrough threat against his mother and client (victim),

Since the reasons for the appeal of the illegal and participating … were considered on the spot, it was unanimously decided on 25/11/2019 that the case should be sent to the court of main/sentence for continuation and conclusion of the trial, starting from the pre-trial stage.

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