Usury Crime Committed More Than Once And Against More Than One Person
T.C.
JUDICIARY
5TH CD E. 2014/5743 K. 2014/6848 T. 19.6.2014
CASE : The decision of Erbaa Criminal Court of First Instance dated 6.11.2012 and numbered 2009/326 Esas, 2012/506 on the punishment of the defendant M. Ş. with 3 years imprisonment (three times) in accordance with Article 241/1 (three times) of the Turkish Penal Code No. 5237;
Although the court sentenced the defendant for three separate usury crimes due to his actions against each of the three complainants, in order for the crime of usury regulated in Article 241 of the Law No. 5237 to occur, it is necessary to lend money to more than one person systematically and continuously in return for interest, and without taking into account that there will be no separate crime by the number of victims, it is not seen in the determination of excessive punishment for the defendant in writing, and it is necessary to be reversed in accordance with Article 309 of the Criminal Procedure Law No. 5271. Pursuant to Article 309 of the Code of Criminal Procedure No. 5271, the necessity of reversal pursuant to Article 309 of the Code of Criminal Procedure No. 5271 was submitted to the Department with a notification from the Chief Public Prosecutor of the Supreme Court of Appeals with a notification from the Ministry of Justice, General Directorate of Criminal Affairs, dated 22.4.2014 and numbered 94660652-105-60-0673-2014.8279.28257 with reference to the reversal for the benefit of the law, and the case documents were delivered to the Department and the necessity was considered:
DECISION : Article 241 of the Turkish Penal Code No. 5237, which entered into force on 1.6.2005. The article states that the offense of usury is “a person who lends money to another person for the purpose of obtaining profit … ”, according to this regulation, it is sufficient for the defendant to lend money to only one person in order for the crime to occur, and it is not important whether the defendant turns this job into a profession or not, for this reason, it cannot be said that the crime continues and that lending money to more than one person constitutes a single crime, However, since it is understood that the provisions of chain crime, not separate crime, should be applied to the defendant, who is understood to have committed the crime of usury more than once and against more than one person at different times within the scope of the execution of a criminal decision, and the request for reversal in favor of the law is deemed appropriate based on this reasoning, the request is accepted,
CONCLUSION : The decision of the Erbaa Criminal Court of First Instance dated 6.11.2012 and numbered 2009/326 Esas, 2012/506 is reversed in accordance with Article 309 of the Code of Criminal Procedure, and with the authority granted by the 4th paragraph (d) of the same article; the 3-year imprisonment sentence assigned to the defendant in accordance with Article 241/1 of the Turkish Penal Code No. 5237 in paragraph (A) of the sentence is corrected by saying that the defendant shall be sentenced to 3 years and 9 months of imprisonment with an increase of ¼ in accordance with Article 43/1 of the Turkish Penal Code, since it is understood that he committed the act against more than one victim. article, the sections in subparagraphs ( B ) and ( C ) regarding the determination of 3 years imprisonment each separately, the execution of the sentence of imprisonment for 3 years and 9 months, the other parts of the verdict to be preserved as they are, the request of the defendant’s defense counsel who requested release with a petition dated 17. 6.2014, this request of the defendant’s defense counsel who requested release with the petition dated 17.06.2014 was rejected considering the nature of the examination and the nature of the judgment established, and the file was referred to the Chief Public Prosecutor’s Office of the Court of Cassation C. for sending to the district, it was decided unanimously on 19.06.2014