Insult, Resisting To Obstruct Duty, Damage To Public Property
The file was examined and considered:
In the incident where the child dragged to the crime swore at the police officers who came to him upon the report of disturbing the environment in alcohol, resisted when they wanted to take him to the police station and broke the window of the interview room at the police station, the actions of the child dragged to the crime constituted the offences of insult, resisting to prevent duty and damaging public property as specified in Articles 125/1, 3-a, 4, 31/3, 265/1, 31/3, 152/1-a, 31/3 of the Turkish Penal Code No. 5237.
The fact that the insult specified in Articles 125/1, 3-a, 4, 31/3, 265/1, 31/3, 265/1, 31/3, 152/1-a, 31/3 of the TPC No. 5237 constitutes the offences of insult, resisting to prevent the execution of duty and damaging public property, and according to the upper limit of the penalties foreseen for these offences, the statute of limitations of 5 years and 4 months specified in Articles 66/1-e, 66/2 of the same Law has expired from 13.03.2015, the date of the decision, until the date of review,
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Since the objections of the defence counsel of the children dragged into crime and the public prosecutor of that place were deemed appropriate in this respect, the verdicts are DISMISSED for the reason explained, and since the reason for disruption does not require a retrial, the public case filed against the child dragged into crime shall be Dismissed pursuant to Article 223/8 of the Code of Criminal Procedure No. 5271. Based on the authority granted by Article 322 of the Code of Criminal Procedure No. 1412, which is still in force pursuant to Article 8 of the Law No. 5320, it was unanimously decided on 10.01.2022 to DISMISS the public case filed against the child dragged into crime pursuant to Article 223/8 of the Code of Criminal Procedure No. 5271.
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