Throwing Sleeping Pills Into A Person’s Food Or Drink Constitutes The Crime Of Intentional Injury
3rd Criminal Chamber
Principal Number: 2016/15735
Decision Number: 2017/8207
“Case Law Text”
COURT :Criminal Court of First Instance
ANSWER : Acquittal
The judgment given by the local court was appealed and the documents were read;
Necessity was discussed and considered:
On the date of the incident, the defendant was serving as a J.Private at the … district gendarmerie command, the complainant … was a Specialized J.II.Kad.Sergeant at the … district gendarmerie command. On the date of the incident, the cook witness …, who was in charge of the dining hall of the … district gendarmerie command, prepared the dinner, at this time, the victim …,
who was a non-commissioned officer on duty on the day of the incident, poured tzatziki into the bowl and put it on the table in order to give his dinner, and when he turned his back, the defendant … threw … brand medicine that he used into the tzatziki, while mixing the bowl, the cook …. ‘s noticed but thought that he threw salt into the tzatziki and emptied the bowl into the tzatziki pot and addressed to the defendant and said that no gendarmerie soldier can use any other food plate other than the table plate and that only the non-commissioned officers on duty can eat with the bowl,
then the complainant … drank the medicated tzatziki in question and felt weak and entered into drowsiness syndrome, in addition, according to the report dated 28/06/2013 dated in the examination made to İzmir Forensic Medicine Institution on the blood samples of the complainant, 57. 0 ng/ml …, the defendant committed the act of throwing the medication he used into the food bowl, which could only be used by the petty officer on duty, with the sole purpose of putting the petty officer on duty to sleep during his watch at 03:00-06:00 on the night of the incident, and the witness cook … saw that he emptied the bowl into the tzatziki pot, but did not make a sound and committed the offense of intentional injury, but instead of his conviction, it was decided to acquit him in writing on unjustified grounds by making a mistake in the appreciation of the evidence,
Since it required to be spoiled and the appeal objections of the Public Prosecutor of that place were deemed appropriate in this respect, it was decided unanimously on 07/06/2017, as per Article 321 of the Code of Criminal Procedure No. 1412, which is in force with Article 8/1 of the Law No. 5320 amended by Article 33 of the Law No. 6723 for this reason.
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