Cologne Is Accepted As A Weapon In The Act Of Burning With Cologne
3rd Criminal Chamber 2019/16919 E. , 2019/22607 K.
“Case Law Text”
COURT :Criminal Court of First Instance
CRIME : Deliberate wounding
CONVICTION : Conviction
The judgement given by the local court was appealed and the documents were read;
Necessity was discussed and considered:
1) In the report dated 15.06.2016 issued by the Eskişehir Forensic Medicine Branch regarding the participant’s injury, the findings of “(2nd) degree burns on the face and neck” were included. ) Degree burns”, however, although there is a possibility that the injury described in the facial area may cause a fixed scar on the face, no evaluation was made in this regard, and in this case, it is understood that the reports prepared about the participant’s injury are not suitable for establishing a judgement, and the defendant’s legal status should be determined after the participant is referred to the nearest Forensic Medicine Branch Directorate together with all the treatment documents and reports, and a new report is obtained regarding the nature of the injury,
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2) According to the occurrence, the scope of the file, the doctor’s report in accordance with the statements of the participant and the witness at the stages, and the acceptance; although it is fixed that the defendant committed the act of the defendant with an item considered as a weapon with the defendant’s confession that the defendant poured cologne on the participant and injured him with a lighter, the defendant was sentenced to incomplete punishment by not applying Article 86/3-e of the Turkish Criminal Code No. 5237,
Since the reasons of appeal of the Public Prosecutor of that place have been deemed appropriate in this respect, it was decided unanimously on 10.12.2019. that the verdict be DISMISSED in accordance with the request in accordance with Article 321 of the Code of Criminal Procedure No. 1412 in force with Article 8/1 of the Law No. 5320 amended by Article 33 of the Law No. 6723 for these reasons.
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