6. Criminal Department 2018/2751 E. , 2021/1051 K.
“text of jurisprudence”
COURT OF CASSATION : Criminal Court of Cassation
CRIMES : Threatening with a weapon for the purpose of collecting legal receivables, opposition to law No. 6136
PROVISIONS : Conviction
The provisions issued by the local court were appealed, but the file was examined and considered as necessary:
I- In the examination of the provision established on the defendant for the crime of opposition to the Law No. 6136:
10 of the Law No. 7242, which entered into force on the same day by being published in the Official Gazette dated 15.04.2020 and numbered 13100. article 53 of the Turkish Commercial Code No. 5237. it is considered possible to observe the amendment made to the article at the execution stage, but the review conducted:
According to the contents of the files and trial minutes, the favorable evidence collected and discussed at the decision site, the justification and the discretion of the Board of Judges, the defendant … and his defense’s appeals have not been seen on the spot, so the rejection of the decision found in accordance with the procedure and the law will be approved as requested,
II- In the examination of the provision established for the crime of threatening with a weapon for the purpose of collecting legal receivables about the accused:
According to the contents of the file, the legally valid and favorable evidence collected and discussed at the decision site, the justification and the discretion of the Board of Judges; Since there is no violation of the procedure and law in accepting that the crime was committed by the defendant, other appeals were not considered on the spot.
But;
The defendant …’s participating in the …’S going home by identifying themselves as police itself, “prostitution did it” to see it for yourself and say $ 2,000 wants to give the victim the accused to show the police your ID upon request, the defendant concealed weapon, putting it on the table, “here is my ID here” from the hands of 450 TL and the victim took his money, and when he gets home an hour later, the defendant and the victim call, “you didn’t have enough money” are saying, and wants to get the remaining money ready, then, when the accused came to the victim to take the remaining money, the accused was caught by the police, in the incident; the defendant was mistaken in the nature of the crime, considering that it constitutes the crime of looting with a gun, in a dwelling and at night, and the provision was made in writing on the spot and on insufficient grounds,
Since the appeals of the defendant and the defense and the Public Prosecutor of that place were considered in place as of this moment, it was unanimously decided on 27/01/2021 that the provision should be OVERTURNED in accordance with the request for the reason described.