Qualified Theft, Violation Of Residential Immunity, Damage To Property 6th Criminal Chamber 2021/20488 E. , 2021/20667 K.
“Case Law Text”
COURT :Criminal Court of First Instance
CRIMES : Qualified theft, violation of residential inviolability, damage to property
CONVICTIONS : Conviction, Acquittal
The judgements given by the local court were appealed, the file was examined and the necessity was considered:
I-In the appellate examination of the verdict on the defendant … for the offence of damaging property;
Pursuant to the additional article 2 added to the Law No. 5320 with Article 26 of the Law No. 6217, which was published and entered into force on 14/04/2011, the direct judgement up to 3. 000,00 TL are final, and since it is not possible to appeal the judgement regarding the judicial fine imposed on the defendant … for the offence of damaging property due to the type and amount of the sentence, the appeal objections of the defendant …’s defence counsel in accordance with Article 317 of the Code of Criminal Procedure No. 1412 through Article 8/1 of the Law No. 5320 are rejected in accordance with the notification,
II-In the appellate examination regarding the convictions of the defendant … for the offences of qualified theft and violation of residential immunity;
Restriction of the right of defence by making a decision in his absence, without considering that the defendant … was convicted of another crime in the … Open Penal Execution Institution at the session when the short decision was announced, and that the defendant …, who did not request to be excluded from the hearing, should be brought to the hearing in accordance with Article 196 of the Code of Criminal Procedure No. 5271, and a decision should be made after his defence on the merits was asked,
Since it has required to be reversed and the appeals of the defendant … defence counsel have been deemed appropriate in this respect, the verdicts, the other aspects of which have not been examined, will be DISMISSED contrary to the notification for the reason explained,
III-In the appellate examination regarding the judgement against the defendant …;
In the face of the defendant’s defence, the statements of the defendant … who participated in the crime and the witness statements, without considering that the crimes of qualified theft, violation of residential inviolability and damage to property occurred with their elements in terms of the defendant …, deciding to acquit the defendant on written grounds as a result of error in the appreciation of the evidence,
Since the appeal objections of the Public Prosecutor of that place were deemed appropriate in this respect, it was decided unanimously on 29/12/2021 that the verdicts, the other aspects of which were not examined, be DISMISSED in accordance with the notification in accordance with Article 321 of the Code of Criminal Procedure No. 1412 for the reason explained, and it was decided unanimously on 29/12/2021
You can access our other article examples and petition examples by clicking here.