Looting
T.C. JUDICIARY
6th Criminal Chamber
Main: 2012/11903
Decision: 2014/20394
Date of Decision: 24.11.2014
CRIME OF LOOTING – WHEN THE VICTIM PUT HER HANDBAG CONTAINING MONEY AND CARDS INTO THE BAG, THE DEFENDANT CONTINUED TO PULL THE BAG AND THE VICTIM FELL TO THE GROUND AND WAS INJURED IN A WAY THAT COULD BE REMOVED WITH SIMPLE MEDICAL INTERVENTION – THE ACT WILL CONSTITUTE THE CRIME OF LOOTING
SUMMARY: According to the occurrence and the contents of the file, on the date of the incident, the complainant went to the market and put her handbag containing her cell phone, ………. TL money and cards, shopped in the market for a while, squatted on the ground while returning and wanted to fix the bags in his hand, at this time, the defendant suddenly came running and took the bag containing the handbag from the complainant’s hand, the complainant forced to take this bag back from the defendant’s hand, but when the defendant continued to pull the bag, the complainant fell to the ground and was injured in a way that could be eliminated by simple medical intervention; against the understanding that the act would constitute the crime of looting, it required a reversal.
(5237 S. K. art. 141, 148)
Case and Judgment: The file was discussed according to the nature of the appeal, type of punishment, duration and date of offense:
According to the occurrence and file content, on the date of the incident, the complainant went to the market on the date of the incident, put the handbag containing his cell phone, 250 TL money and cards in a bag, shopped in the market for a while, while returning, he squatted on the ground and wanted to fix the bags in his hand, at this time, the defendant suddenly came running and took the bag containing the handbag in the complainant’s hand, the complainant forced to take this bag back from the defendant’s hand, but when the defendant continued to pull the bag, it was understood that the complainant fell to the ground and was injured in a way that could be eliminated by simple medical intervention; the written judgment without considering that the act would constitute the offense of looting,
Since the appellate objections of the defendant N. defense counsel and the Public Prosecutor of that place were deemed appropriate in this respect, it was unanimously decided on 24.11.2014 to overturn the verdict as requested for the reasons explained.