Criminal Law Statute Of Limitations
6th Criminal Chamber of the Court of Cassation
Apartment:6
Date:2012
No: 2010/2170
Decision No:2013/72
Source:UYAP
Related Articles:Article 143 and 66 of the Turkish Criminal Code
Related Concepts:ARTICLE 143-TIME LIMITATION
T.C.
JUDICIARY
6th Criminal Chamber
ON BEHALF OF THE TURKISH NATION
F E A R G I T Y T A Y L A M I N G
Esas No: 2010/2170 Upon Reversal
Decision No: 2013/72
Notification No: 6 – 2007/120398
REVIEWED DECISION
COURT : Bakırköy 1st Criminal Court of First Instance
HISTORY : 13/12/2006
NUMBER : 2005/1081 (E) and 2006/999 (K)
ACCUSED : Mehmet Metin NAZLICAN
CRIME : Theft
CONVICTION : Conviction
APPEALANT : Defendant defense
OPINION IN THE NOTIFICATION : Reversal
The file has been discussed according to the nature of the appeal, type of punishment, duration and date of offense:
As a result of the application of Articles 142/1-b, 143/1, 53, 66/1-e, 67/4 of the Turkish Penal Code No. 5237, which entered into force on 01.06.2005, to the same crime separately and as a whole, according to Articles 493/1, 102/3, 104/2 of the Turkish Penal Code No. 765, the provisions of the Law No. 5237 are in favor of the defendant in terms of statute of limitations, and in the light of Articles 7/2 of the aforementioned Law and 9/3 of the Law No. 5252. In the light of Articles 7/2 of the aforementioned Law and 9/3 of the Law No. 5252, the provisions of the Law No. 5237 in terms of statute of limitations are in favor of the defendant, and the 12-year period stipulated in Articles 66/1-e, 67/4 of the same Law has elapsed from 17.04.2000, when the crime was committed, until the date of examination,
It was decided by majority of votes on 14.01.2013 to DISMISS the public case filed against the defendant due to statute of limitations based on the authority granted by Article 322 of the Code of Criminal Procedure No. 1412 through Article 8/1 of the Law No. 5320, since the reason for the reversal did not require a retrial, since the objections of the defendant Mehmet Metin Nazlıcan and the opinion in the notification were deemed appropriate in this respect.