I Know How To Get The Money Is Not A Threat
15th Criminal Chamber 2019/1690 E. , 2019/13056 K.
“Case Law Text”
COURT :Criminal Court of First Instance
CRIME : Abuse of trust
JUDGMENT :
1)Conviction of the participant defendant … in accordance with articles 106/1-2, 43, 53, 58 of the TPC 2)Conviction of the defendant … in accordance with articles 155/1, 62, 50/1a of the TPC
The verdict on the conviction of the defendant … for the offence of abuse of trust was appealed by the defendant and the participant, and the verdict on the conviction of the defendant … for the offence of threatening was appealed by the Public Prosecutor of that place, the file was examined and the necessity was considered.
The participant defendant …. brought a barber chair to the workplace of the defendant …. who was a barber about 4-5 months before the date of the incident in order to sell it, the sale did not take place because they could not agree on the price, but the defendant …. left the chair in the shop of the defendant …. saying that he would buy the chair later, the chair stayed here for a few weeks, despite all the warnings of the defendant …. that if he did not buy the chair, he would leave it outside, the defendant …. …
did not come and take the armchair, whereupon the defendant …. left the armchair outside the workplace on the pavement, the armchair, which remained outside for about a few months and was understood to have been passed by someone to the opposite pavement during this process, was not taken by the defendant …., whereupon the defendant …. told his apprentice …. to take the armchair and sell it to a scrap dealer about two months before the incident, whereupon …. took the armchair to the workplace of the witness … who was a scrap dealer and sold it for 10. 00 TL and gave the money to the defendant …., whereupon the defendant …. came to the workplace of the defendant …. many times until the date of the incident and demanded the money for the seat, and when he could not get it, he threatened the defendant …. by saying “I know how to get the money”,
and on the date of the incident the defendant …. again threatened the defendant …. … came to the workplace and asked for the money for the seat, whereupon the defendant …. threatened the defendant …. by saying “I know how to take the money, I won’t leave without taking the money”, thus the defendant …. is alleged to have committed the offences of abuse of trust and the defendant …. is alleged to have committed the offences of chain threat;
1) In the appellate examination of the judgement against the defendant …;
Due to the offence of abuse of trust, the prosecution of which is subject to complaint, it is understood that the participant defendant …, in his petition dated 29/12/2015 after the verdict, submitted a petition stating that he did not complain about the defendant …, and the defendant … declared that he would accept if there was a waiver of complaint at the hearing, so the public case against the defendant must be dismissed in accordance with Article 223/8 of the Code of Criminal Procedure No. 5271,
2)In the appellate examination of the judgement against the defendant …;
In order for an expression other than a threat to life, body inviolability, sexual inviolability and property values to be accepted as a threat, it must contain a clear declaration and intention of evil or be perceived in this direction in a way that does not leave any doubt according to the occurrence. For this reason, expressions that are made in reaction to an unjust act or an unlawful practice and that can be interpreted in a way that may include the application for legal remedies, when evaluated within the integrity of the natural environment in which the words were uttered, will not contain the conditions of suitability, suitability and sufficiency sought for the occurrence of the offence of threat.
Accordingly, in the concrete case, while it should be decided to acquit the defendant for the words “I know how to take the money”, “I know how to take the money, I will not leave without taking the money”, which are accepted to have been said by the defendant in the concrete case, to establish a written judgement of conviction with insufficient reasoning,
Since the objections of the Public Prosecutor of that place and the defendants … and … were deemed appropriate in this respect, it was decided unanimously on 27/11/2019 that the verdicts be DISMISSED in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which should be applied in accordance with Article 8/1 of the Law No. 5320 for this reason.
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