Reversal Due To Lack Of Conclusive And Sufficient Evidence In Theft Crime
Republic of Turkey Court of Cassation 2nd Criminal Chamber Main No: 2014/30129 Decision No: 2016/9161, K. Date: 12.5.2016
COURT :Criminal Court of First Instance
Crime : Theft, invasion of privacy
CONVICTION : Conviction
The file was examined and considered accordingly;
I- In the examination of the appeal request for the convictions of the child dragged into the crime … and the defendants … and …;
Taking into account the decision of the Constitutional Court dated 08/10/2015 and numbered 2014/140 main, 2015/85, which entered into force on 24/11/2015, regarding the annulment of some parts of Article 53 of the TPC for the defendants ….. and ……., it was deemed possible to consider the application of the deprivation of rights stipulated in this article at the execution stage.
According to the hearing, the collected evidence, the reasoning, the judge’s opinion and discretion, since the appellate objections are not relevant, the convictions are APPROVED in accordance with the request,
II- In the examination of the appeal request for the convictions of the accused … and the child dragged into crime ..;
1- It is understood that the defendant … was convicted of another crime in the same jurisdiction on the date of the verdict; restricting the right to defense in violation of Article 196 of the Code of Criminal Procedure No. 5271 by deciding on his conviction by not being present at the hearing on 08/03/2013, where the verdict was announced, without asking whether the defendant wanted to be immune from the hearing and without taking a decision on this matter,
2- In the face of the defense of the child dragged into crime … that he did not commit the crimes attributed to him, deciding on his conviction as written instead of his acquittal without considering that there is no definite, sufficient, lawful and convincing evidence that he committed the crime or that he participated in the crime of the other child dragged into crime … and the defendants ….., …… and ……,
Since the appeals of the defense counsel of the child dragged into the crime and the defendant were deemed appropriate in this respect, it was unanimously decided on 12/05/2016 to VACATE the verdicts for the reasons explained.