Mosque Is Not A Residential Or Business Place
2nd Criminal Chamber 2018/2976 E. , 2018/8925 K.
“Case Law Text”
COURT :Criminal Court of First Instance
CRIME : Theft, breach of residential inviolability, damage to property
CONVICTION : Conviction
The file was examined and considered;
In the examination made by determining that the defendant’s request to decide “to approve his file” with his petition dated 14/02/2018 cannot be considered as “abandoning the appeal” since the authority to “approve” belongs to the Court of Cassation,
1-In the examination of the appeal request for the judgements established against the defendant for the offences of theft and damage to property;
In the event that the defendant committed theft by damaging the doors of the mosque, the conviction with Article 151/1 of the TCK without considering that the defendant’s action constituted the crime regulated in Article 153/1 of the TCK was not made a reason for reversal since there was no counter-appeal; Taking into account the decision of the Constitutional Court dated 08/10/2015 and numbered 2014/140 main, 2015/85 decision numbered, which entered into force on 24/11/2015 regarding the cancellation of some parts of Article 53 of the TCK No. 5237, it was deemed possible to consider the implementation of the deprivation of rights stipulated in this article at the execution stage.
According to the hearing, the collected evidence, the reasoning, the opinion and discretion of the judge, since the objections to the appeal are not relevant, the convictions are APPROVED,
.
2- In the examination of the appeal request for the verdict established against the defendant for the offence of violation of residential immunity;
Since the mosque is a place where everyone can easily enter and exit, the action of the defendant who entered the mosque and stole the candlesticks and rosaries subject to the crime constitutes the crime of theft from the place of worship as a whole, and the places where the items subject to the crime were taken were not in the nature of residences or workplaces,
Since the defendant’s appeal objections were deemed appropriate in this respect, it was decided unanimously on 12/07/2018 that the judgement be reversed for these reasons, contrary to the request.
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