2nd Criminal Chamber Violation Of Residential Immunity
“Case Law Text”
COURT :Juvenile Court
CRIME : Violation of residential inviolability
CONVICTION : Conviction
The file was examined and considered:
In the examination made by determining that the appeal request of the public prosecutor of that place is for the verdict established for the offence of violation of the inviolability of the dwelling of the child dragged into the crime;
According to the content of the file, other appellate objections are not deemed relevant. However;
Determination of an incomplete sentence by imposing 1 year and 1 month imprisonment instead of 1 year and 1 month and 10 days while making a 1/6 reduction from the 1 year and 4 months imprisonment sentence determined in accordance with Articles 116/4, 119/1-c, 31/3 of the TPC, in accordance with Article 62/1 of the same Law,
.
Since the appeal objections of the public prosecutor of that place have been deemed appropriate in this respect, the verdict should be reversed in accordance with Article 321 of the Code of Criminal Procedure No. 1412 for this reason, but since this contradiction can be corrected in accordance with Article 322 of the same Law, it is possible to correct this contradiction according to Article 322 of the same Law, in the verdict established against the child dragged into crime for the offence of violation of the inviolability of the dwelling, it should be decided that “the sentence of 1 year 4 months imprisonment determined in accordance with Articles 116/4, 119/1-c, 31/3.
It was unanimously decided on 10.01.2022 to confirm the verdict, which was found to be in accordance with the procedure and the law in other aspects, by deciding that “the sentence of 1 year and 4 months imprisonment determined in accordance with Articles 116/4, 119/1-c, 31/3 of the TPC was reduced by 1/6 in accordance with Article 62/1 of the same Law and sentenced to 1 year, 1 month and 10 days imprisonment”, as requested.
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