6th Penal Chamber 2018/2751 E. , 2021/1051 K.
“Justice Text”
COURT: Assize Court
CRIMES: Threatening with a gun to collect legal claims, opposition to Law No. 6136
PROVISIONS: Conviction
The judgments given by the local court were appealed and the file was examined and the necessary was considered:
I- In the examination of the verdict established for the crime of violating the Law No. 6136 on the accused:
In the examination made, it is possible to observe the amendment made in the Article 10 of the Law No. 7242 and the Article 53 of the TCK No. 5237, which was published in the Official Gazette dated 15.04.2020 and numbered 13100, and entered into force on the same day:
APPROVAL of the judgment, which is found to be in accordance with the procedure and the law, with the rejection of the content of the file and the minutes of the hearing, the appropriate evidence collected and discussed at the place of decision, the justification, and the objections of the accused … and his defense counsel, since their appeals were not found appropriate, according to the discretion of the Board of Judges,
II- In the examination of the verdict established for the crime of threatening with a gun for the purpose of collecting the legal claim against the accused:
According to the content of the file, the legally valid and appropriate evidence collected and discussed at the place of decision, the justification and the discretion of the Board of Judges; Since there was no procedural or illegality in accepting that the crime was committed by the accused, other appeals were not deemed appropriate.
However;
The accused went to the house of the participant …, introduced himself as a police officer, said that he was “a woman-dealer” and asked him to pay 2,000 dollars so that he could not see him. After the victim asked the accused to show his police ID, he put the unlicensed gun of the accused on the table and said, “here is my identity”. In the incident, the accused was caught by the police after the accused came to the victim to collect the remaining money, after an hour, the accused called the victim and said that “the money he received was not enough” and asked him to prepare the remaining money. Without considering that the accused constitutes the crime of looting with a gun, at home and at night, making a written sentence with an appropriate and insufficient justification, by mistakenly thinking that it is a crime,
It was unanimously decided on 27/01/2021 that the verdict was OVERROUND, in accordance with the request, for the reason explained, since the objections of the defendant and his defense counsel and the Public Prosecutor of that place were deemed appropriate in this respect.
