T.C THE DECISION OF THE SUPREME COURT
2. Criminal Department
Base: 2018 / 6747
Decision: 2019 / 1146
Date of Decision: 28.01.2019
COURT : Criminal Court of First Instance
CRIME : Theft, resisting arrest
SENTENCE : Conviction
The file was examined and considered as necessary;
1- Hunting in accordance with the provisions of the conviction established against the defendant … for theft. … in the examination of the appeal request;
18.03.2008 9-7-56 date and details of the criminal’s General Assembly as explained in the decision of the prosecution itself that is assigned in cases where a defender mandatory mandatory majiek are not informed the defendant that the defendant will bear the legal consequences of papers that are made to and connect to it for that reason; the defendant …’s at the stage of Investigation, Magistrates ‘ Court and the court advocacy services to be maintained also present during the interrogation in Av. …, although he appealed the provisions established on the defendant, in the face of the understanding that during the defense of the defendant, he declared that he did not want a defense counsel, and it was also not necessary to appoint a mandatory defense counsel to the defendant; Av. … Av, which has no right and authority to appeal the convictions of 15.02.2013 established against the defendant, has no right and authority to appeal the verdict. … the appeal of CMUK No. 1412 No. 317. REFUSAL in accordance with the article,
2- For the provisions of the conviction established for theft against the accused … with the request of the defendant … to appeal against the defendants … and for the provisions of the conviction established for theft and resisting the duty not to make the defendants … and for the examination of the request for the appeal of the defendant’s defense;
a) The defendants have a Fiat Linea brand vehicle whose license plate was not fully identified at night on the dates of the crime, as well as the customers … and … the village where the shops are located … with …. It is alleged that they were found in the village and the witness … at around 01.15 at night on 28.12.2010….As the person who was in the vehicle and asked for an address while in his village, the defendant identified the defendant at the investigation stage in the events; in the face of the understanding that the exact license plate of the vehicle cannot be determined in solving the camera images of the vehicle in question in the aforementioned villages, the identity of the persons in the vehicle cannot be determined precisely due to the poor image quality, and the witness … in his statement at the hearing dated 07.06.2011 declared that he could not see how many people were in the Fiat Linea brand vehicle and did not remember the name of the person who asked him the address; contrary to the defense of the defendants who did not accept the breakthrough charges at all stages, it is sufficient for their convictions that they committed breakthrough crimes, far from any doubt, to decide on their convictions in writing without explaining and discussing at the place of the decision what is the conclusive and convincing evidence,
b) Article 265 of the Turkish Commercial Code No. 5237. in the article “get the task done to resist the” header “option moving” and “a verb with a purpose” and task organized as against public officials condemned the actions of the criminal in order to prevent the type of arriving in the execution of the movement of the means of “force or threat” – shaped executive actions that can be processed with stipulated and specified transactions would create the crime of acts of passive resistance, considering that it does not contain typical; the defendants, on the night in question with the tool they use 11.01.2011 the perpetrators of the burglary where the vehicle is located on the tip in the direction of the complainants when they are asked by the customer to be stopped by gendarmerie officers on the road as a safety precaution they fled out of there without hitting a buoy another by means Dec, then the chase continues, the team of the gendarmerie officers and complainants by turning the side of the tool path you want to close, but the road’s side from the part of the plaintiff to the defendants understood by maneuvering the vehicle in the event of escaping again, defendants …, and … ’s acceptance of the actions, their way of resisting the crime or a threat to the body which he gave sought in the algebra based on the evidence, sentencing and conviction review discussed the establishment missing and inadequate justification was presented in writing with the provisions of establishment,
Since the appeals of the defendants and the defense counsel and the defendant were considered in place as of this moment, it was decided unanimously on 28/01/2019 that the provisions should be partially OVERTURNED as requested for the reasons described.
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