T.C.
SUPREME
- CD e. 2014/5743 K. T. 2014/6848 19.6.2014
Case: accused of usury. P.of the Turkish Penal Code No. 5237, 241/1. ( three times ) in accordance with Article 3 years imprisonment (three times), decision of the Criminal Court of First Instance of Erbaa dated 6.11.2012 and 2009/326 basis, 2012/506;
Although the court sentenced the defendant to three separate usury offences for his actions against all three polytheists, Law No. 5237 No. 241. Article 309 of the Code of Criminal Procedure 5271 with a bet, since more than one person must be systematically and continuously borrowed money in exchange for interest in order for the usury offense to occur, and the number of victims will not be separate crimes, as there are no hits in the determination of more penalties in writing about the defendant. in accordance with article 22.4.2014 day and 94660652-105-60-0673-2014.8279.28257 in reference to the violation of the law no. 94660652-105-60-0673-2014. 8279. 28257 with the notification from the Prosecutor General of the Supreme Court of Appeal to the Department with the notification and:
Decision: 241 of TCK No. 5237, which entered into force on 1.6.2005. of the crime of usury in the article “the person who lent the money to someone else in order to obtain the gain” of the form described in this embodiment, according to the defendant for the crime to occur is enough to only lend money to a person, the absence of Transform transform into the importance of this profession and, therefore, more than one person temadi to borrow money from the crime and that the provision cannot be mentioned only because it creates the crime, but at different times during the execution of the decision to commit a crime of usury within the scope of the crime committed against more than one person on more than one occasion and, apparently about the defendant is not a separate crime, with the acceptance of the request, it is understood that the provisions of the Chained crime should be applied and that the request for violation of the law is considered in place on this basis.,
Conclusion: 6.11.2012 day given by the Criminal Court of First Instance of Erbaa and 2009/326 basis, Decision No. 2012/506 of CMK 309. deterioration in accordance with Article 4 of the same article. by the authority of Paragraph ( d); provision (A ) in paragraph 5237 of TCK 241/1. according to Article 43/1 of the TCK, it is understood that the defendant has committed his act against more than one victim to a 3-year prison sentence. according to the article ¼ rate increase by the defendant 3 years 9 months imprisonment with punishment by means of Correction, ( B ) and ( C ) paragraphs contained separately 3 years imprisonment with the determination of sections of the sentence to be removed, execution 3 years 9 months imprisonment with the same protection of other parts of the sentence, 17.6.2014 transfer dated petition to the defendant’s defense request to be released by the nature of the review and the nature of the established provision to be rejected, the court of Cassation to send the file to the Site C. His appointment as attorney general was unanimous on 19.06.2014.
