Car Is Considered As A Weapon In The Offence Of Intentional Injury
3rd Criminal Chamber 2020/4563 E. , 2020/8694 K.
“Case Law Text”
COURT :Criminal Court of First Instance
CRIME : Deliberate wounding
CONVICTION : Conviction
The judgement given by the local court was appealed and the documents were read;
Necessity was discussed and considered:
1) In the face of the understanding that the participant and the defendant were divorced on 11.03.2015 and that they were not officially married spouses on the date of the offence, the defendant’s action was considered as intentional injury against the spouse, and the defendant was sentenced to an excessive penalty by applying Article 86/3-a of the Turkish Penal Code No. 5237,
2) Failure to observe that the basic penalty to be determined in accordance with Article 86/2 of the TCC should be increased by half in accordance with Article 86/3-e due to the use of a weapon in the incident, since the defendant committed the act with a car, which is considered a weapon pursuant to Article 6/1-f-4 of the TCC,
It was decided unanimously on 06.07.2020 in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which is in force with Article 8/1 of the Law No. 5320 amended by Article 33 of the Law No. 6723 for these reasons, and to take into account the acquired right of the defendant in accordance with Article 326/last article of the Code of Criminal Procedure.
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