Weapon Threat Decision Of The Court Of Cassation
6th Criminal Chamber 2018/2751 E. , 2021/1051 K.
“Case Law Text”
COURT :Serious Criminal Court
CRIMES : Threatening with a weapon for the collection of legal receivables, violation of Law No. 6136
CONVICTIONS : Conviction
The judgements rendered by the local court were appealed, the file was examined and the necessity was considered:
I- In the examination of the judgement against the defendant for the offence of opposing the Law No. 6136:
The amendment made to Article 53 of the Turkish Criminal Code No. 5237 with Article 10 of the Law No. 7242, which was published in the Official Gazette dated 15.04.2020 and numbered 13100 and entered into force on the same day, can be considered at the execution stage:
According to the contents of the file and the minutes of the hearing, the favourable evidence collected and examined and discussed in the decision, the reasoning and the appreciation of the Board of Judges, the appellate objections of the defendant … and his defence counsel were not deemed appropriate, and the judgement, which is in accordance with the procedure and the law, is APPROVED as requested,
II- In the examination of the verdict established against the defendant for the offence of threatening with a weapon for the collection of a legal receivable:
According to the contents of the file, the legally valid and favourable evidence collected and examined and discussed in the decision, the reasoning and the discretion of the Board of Judges; since there is no violation of the procedure and the law in accepting that the offence was committed by the defendant, other appellate objections have not been deemed relevant.
However;
The defendant … went to the house of the participant …, introduced himself as a police officer, said that he was “a woman peddler” and asked the victim to give him 2. 000 dollars, the victim asked the defendant to show his police ID card, the defendant put his unlicensed gun on the table and said “here is my ID card” and took 450 TL money from the victim’s hand and left the house, an hour later the defendant called the victim and said that “the money he took was not enough” and asked him to prepare the remaining money, then the defendant came to the victim to take the remaining money and the defendant was caught by the police officers;
In the incident, without considering that the defendant committed the offence of looting with a gun, in a dwelling and at night time, to make a mistake in the qualification of the crime and to establish a written judgement with a justification that is not appropriate and sufficient,
Since the appellate objections of the defendant … and his defence counsel and the Public Prosecutor of that place were deemed appropriate in this respect, it was decided unanimously on 27/01/2021 that the verdict be DISMISSED in accordance with the request for the reason explained.
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