Court Of Cassation Decision On Threat Crime
T.C Judiciary 4th Criminal Chamber Main: 2015/ 21528 Decision: 2019 / 18081 Date of Decision: 25.11.2019
JUDICIARY DECISION
COURT :Criminal Court of First Instance
CRIME : Threatening
ANSWER : Acquittal
The file was discussed according to the duration of the appeal, the nature of the decision and the date of the crime:
Since there were no reasons for the rejection of the request for appeal, the merits of the case were discussed,
According to the content of the minutes, documents and justification reflecting the hearing process in which the conscientious opinion was formed, it was understood that the acts of ill-treatment and injury were also committed against the complainant, but no separate lawsuit was filed for these acts, and it was determined that no reconciliation could be made in accordance with paragraph 3 of Article 253 of the Law No. 5271 in terms of the crime of threat, considering that the said acts were committed against the spouse,
According to the petition submitted by the complainant (deceased) on 19.04. With the petition dated 19.04.2013, she stated that she was constantly disturbed and threatened with death by her husband, that she could not stand the pressure and left her husband and her house with her own consent, that she had files in the relevant police station, that she hired a lawyer for divorce and stayed in a women’s shelter, that she returned out of fear when he made threats against her children, that she left the house when they could not agree; After stating that the defendant, who is her husband, threatened her family this time, so she went to the house of a friend she met at the institution, she heard that her husband had gotten a search warrant for the suspect, her life safety was in danger, so she asked that the information about her not be given to her husband; finally, the complainant was murdered by her suspect husband on 15. 01.01.2014, the complainant was murdered by her suspect husband and a case was filed with an indictment dated 13.06.2014. 2014 dated 13.06.2014; where the participant, who is her mother, confirmed the threats and ill-treatment against her daughter, as well as the fact that the suspect and the suspect’s father raided her house and threatened her and her daughter with death when she took her daughter to her house to save her; where the defendant denied his crime in his defense, but stated that he went to his mother-in-law’s house because the complainant left the house; the statements of the complainants, the way the incident occurred, the complainants’ mentioning of the incidents that were previously referred to the police station, the complainant (the deceased) having two children, settling in a women’s shelter and staying there for a while, the defendant putting pressure on his wife and mother upon going to his mother’s house, trying to save his life by losing his address and going to another place, When all these stated and the issues in the file are evaluated together, the decision of acquittal on written grounds, although it is fixed that the defendant, who ultimately killed his wife and was sued for the murder of his wife, committed the crime of threat against his mother and the complainant (the deceased),
Since it is contrary to the law and the reasons for the appeal of the participant … are deemed appropriate, it was unanimously decided on 25/11/2019 that the verdict will be reversed and the file will be sent to the original / judgment court to continue and conclude the trial starting from the stage before the reversal.
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