Theft, Damage To Property
“Case Law Text”
COURT :Criminal Court of First Instance
CRIME : Theft, damage to property
CONVICTION : Conviction
The file was examined and considered:
1-In the examination of the appeal request for the conviction of the defendant for the offence of damaging property;
Taking into account the decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140 E., 2015/85 K., which entered into force on 24.11.2015 regarding the cancellation of some parts of Article 53 of the Turkish Criminal Code No. 5237, it was deemed possible to consider the application of the deprivation of rights stipulated in this article at the execution stage with the amendment made in Article 53 of the Turkish Criminal Code with Article 10 of the Law No. 7242, which was published in the Official Gazette dated 15.04.2020 and numbered 31100 and entered into force on the same day.
According to the hearing, the collected evidence, the reasoning, the opinion and appreciation of the judge, since the appellate objections are not relevant, the judgement is APPROVED as requested,
.
2-In the examination of the appeal request for the conviction of the defendant for the offence of theft;
The defendant’s act of using the water accumulated by drilling the concrete of the ventilation well of the village drinking water, which is in common use of the village people and not subject to subscription, and using the water accumulated by using a hose does not constitute a crime within the scope of the Turkish Penal Code, the defendant’s act falls within the scope of Article 16/2 of the Law No. 7478 on Village Drinking Water amended by the Law No. 5728 and constitutes a misdemeanour act requiring administrative fine;
in this respect, Article 223/1-a of the Criminal Procedure Code Article 16/2 of the Law No. 7478 on Village Drinking Water amended by the Law No. 5728; in this respect, in accordance with Article 223/1-a of the Code of Criminal Procedure, the defendant should be acquitted of the offence of theft and the administrative fine in accordance with Article 20/2-c of the Misdemeanour Law No. 5326 should be reduced from the statute of limitations due to the expiry of the investigation statute of limitations,
.
Since it has required to be spoiled and the defendant’s objections on appeal have been deemed appropriate in this respect, the verdict is DISMISSED as requested for these reasons, but since it is possible to correct this contradiction according to Article 322 of the Code of Criminal Procedure No. 1412, since it is understood that the defendant’s action does not constitute a crime, he is acquitted of the offence of theft in accordance with Article 223/2-a of the Code of Criminal Procedure; according to the amount of the administrative fine stipulated in Article 16/2 of the Law No. 7478 on Village Drinking Waters amended by the Law No. 5728. According to the amount of the administrative fine stipulated in Article 16/2 of the Law No. 7478 on Village Drinking Water amended by the Law No. 5728,
since it is understood that the 3-year investigation statute of limitations written in Article 20/2-c of the Misdemeanour Law No. 5326 has expired from 21/10/2011 until the date of examination, and this issue, which does not require a retrial, is regulated by Article 322 of the Code of Criminal Procedure No. 1412. Since it is possible to make a decision based on the authority given by Article 322 of the Code of Criminal Procedure No. 1412 and Article 24 of the Law on Misdemeanours, it was unanimously decided on 10/01/2022 that there is no place to impose an ADMINISTRATIVE FINE on the defendant in accordance with Article 20/1 of the Law on Misdemeanours.
You can access our other article examples and petition examples by clicking here.