Decision Of The Court Of Cassation On The Crime Of Looting & Theft
T.C.
Supreme Court
6th Criminal Chamber
Esas No: 2015/8481
Decision No:2016/1929
Date of K.: 15.3.2016
COURT : Serious Criminal Court
Crime : Theft
The judgment given by the Local Court was appealed and sent to our Chamber with the decision of the 22nd Criminal Chamber of the Court of Cassation dated 09/10/2015, and the file was discussed according to the nature, type of punishment, duration and date of the crime:
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 act was committed by the defendant, the other appellate objections have not been deemed relevant.
However;
According to the occurrence and file content and the statements of the complainant who has no reason to accuse the defendant; the defendant stopped the complainant … … who left the house to go to the bazaar around 20: 30 at night, the defendant stopped the complainant … … who left the house to go to the bazaar, said “get off the motorcycle”, prevented him from moving by holding the motorcycle, pushed the complainant and took the motorcycle from his hands and left the scene with his girlfriend who was with him; Instead of convicting the defendant for the crime of looting, making a mistake in the appreciation of the evidence and accepting the crime of theft with a justification that is not appropriate and sufficient and making a decision in writing,
Since it was deemed necessary to spoil and the appeals of the defendant … … defense counsel were deemed appropriate in this respect, it was unanimously decided on 15.03.2016 to NULlify the verdict for the reason explained, to reserve the vested right pursuant to Article 326/last article of the Code of Criminal Procedure No. 1412 with reference to Article 8/1 of the Law No. 5320, and to reserve the vested right pursuant to Article 326/last article of the Code of Criminal Procedure No. 1412.