Causing A Fire In Such A Way As To Endanger Public Safety Intentionally Starting A Fire
19th Criminal Chamber 2021/2529 E. , 2021/5616 K.
“Case Law Text”
COURT :Criminal Court of First Instance
CRIME Violation of Law No. 6831
CONVICTION Conviction
The judgement given by the Local Court is appealed; the duration of the appeal, the nature of the judgement and the date of the offence
Accordingly, the file was examined, the necessity was discussed and considered:
Since there are no reasons for the rejection of the appeal request, the merits of the case were considered.
According to the content of the minutes, documents and justification reflecting the hearing process in which the conscientious opinion was formed
In the examination made
Stubble burning regulated in Article 76/d of the same Law with reference to Article 110/2 of the Law No. 6831
grass, bushes, stalks of crops left in the field after harvesting, which can be considered as stubble for the offence to occur
the vegetation such as etc. is located less than 4 kilometres from the nearest forested area and deliberately
should have been burnt, and from the scope of the file, after the defendant cut the grass he collected in his field
and it is understood that the fire caused by the fire started by the defendant as a result of the growth of the fire
In the event that the stubble was extinguished before it reached the forest area, the defendant’s action did not constitute the offence of stubble burning
danger of forest fire due to the fact that the fire is located 2550 metres from the forest area
since the act constitutes a negligent endangerment of general security regulated under Article 171/1-a of the TPC
not taking into account that it constitutes the offence of introducing the offence, as a result of the mistake made in determining the nature of the offence
to make a written decision,
And according to the acceptance;
1- Pursuant to Articles 141 of the Constitution, 34 and 230 of the Code of Criminal Procedure, the defendants, victims
It should be in a form that will convince the Public Prosecutor and everyone and allow the Supreme Court of Appeal to audit it
necessary. In order for the Court of Cassation to review the consistency of the grounds; all the data on which the decision is based,
the court’s conclusions with regard to these data are based on the claim, the defence and the victim and witness statements
the evaluations regarding the narrative, and on what grounds one narrative is favoured over the other
reflected in the reasoning of the judgement and, as a result of the conscientious opinion reached by the court
After explaining that the acts are considered as offences, the legal characterisation of these accepted acts,
While the reasons requiring an increase and reduction in the penalty should be discussed in the legal context, this explained
not complying with the points, referring to the decision to defer the announcement of the verdict and without justification
judgement
2-According to Article 110 of the Law No. 6831 on the defendant, when determining the basic penalty
the relevant paragraph of the relevant article of the law,
3- As a legal consequence of being sentenced to imprisonment for an intentional offence, the defendant is subject to the provisions of the Turkish Penal Code no. 5237
53. not considering that deprivation of rights should be ruled in accordance with Article 53,
4-In the judgement announced on 18.03.2016, the decision in favour of the participating administration, which was represented by an attorney
According to the Attorney Minimum Fee Tariff in force on 03.04.2009, the decision in the judgement dated 03.04.2009
that an attorney fee should be awarded by deducting the attorney fee taken under
not to be observed,
Since it is contrary to the law and the reasons for the appeal of the participant’s attorney are deemed appropriate in this respect, the notification
JUDICIARY PRESIDENCY
contrary to Article 8/1 of the Law No. 5320, the judgement should be applied in accordance with Article 8/1 of the Law No. 1412
to be reversed in accordance with Article 321 of the Code of Criminal Procedure, and the file to be finalised for the finalisation of the trial
It was unanimously decided on 25/05/2021 to be sent to the court.
You can access our other article examples and petition examples by clicking here.