Plunder
T.C. JUDICIARY
6th Criminal Chamber
Main: 2012/16384
Decision: 2014/22169
Date of Decision: 15.12.2014
CRIME OF PLUNDER – IN THE INCIDENT, IT WAS UNDERSTOOD THAT THE DEFENDANT ESCAPED FROM THE HANDS OF THE RELATIVE AND FLED THE SCENE WITH TWO OTHER PERSONS WITH THE MONEY THEY TOOK, EXCEPT FOR THE MONEY THEY THREW ON THE GROUND – THE ACT CONSTITUTES THE CRIME OF PLUNDER
SUMMARY: On the day of the incident, while the complainant was walking on foot on the road with his friend witness H., the defendant and two people with him hit the complainant and distracted him and then took ….. dollars and ……. TL in his pocket by pickpocketing; when the complainant realized the situation, he grabbed the defendant, whereupon the other two persons asked the complainant to let go of the defendant and wanted to save the defendant from the hands of the complainant by pulling the defendant and throwing …….. TL money on the ground and said “Your money is on the ground, leave it”, upon the complainant not letting go of the defendant, one of the two persons first injured himself with a razor blade he took out of his pocket, then waved the razor blade at the complainant, upon the complainant being injured in his hand, the defendant got rid of the complainant and fled the scene with the other two persons with the money they took except for the money they threw on the ground; without considering that the act constituted the crime of plunder, the application required a reversal.
(5237 S. K. art. 148)
Case and Judgment: The file was discussed according to the nature of the appeal, the type of punishment, the duration and the date of the offense:
According to the contents of the file and the minutes of the hearing, the legally valid and favorable evidence collected and examined and discussed in the decision, the reasoning and the discretion of the Board of Judges; since it is understood that there is no violation of the procedure and the law in accepting that the crime was committed by the defendant, other appellate objections have not been deemed relevant.
However,
On the day of the incident, the complainant was walking on foot on the road with his friend, witness H. On the day of the incident, while the complainant was walking on foot on the road with his friend witness H., the defendant and the two people with him bumped into the complainant and distracted him and then took 3400 dollars and 500,00 TL money from his pocket by pickpocketing; The complainant grabbed the defendant upon realizing the situation, whereupon the other two persons asked the complainant to let go of the defendant and wanted to save the defendant from the hands of the complainant by pulling the defendant and throwing 195,00 TL money on the ground and saying “Your money is on the ground, leave it”, upon the complainant not letting go of the defendant, one of the two persons first injured himself with a razor blade he took out of his pocket, Then he swung the razor blade at the complainant, the complainant was injured in the hand, the defendant got rid of the complainant’s hand and fled from the scene with the other two people with the money they took except for the money they threw on the ground; the written application without considering that the act constitutes the offense of plunder,
It was decided unanimously on 15.12.2014 to overturn the verdict contrary to the request for the reason explained, and to observe Article 326/last of the Code of Criminal Procedure No. 1412 through Article 8/1 of the Law No. 5320, since the appellate objections of the defendant O. defense were deemed appropriate in this respect.