“Justice Text”
BREAKING FOR THE BENEFIT OF THE LAW
The Istanbul 5th Criminal Court of First Instance, dated 04/12/2008, was sentenced to 2 years and 8 months imprisonment (twice) in accordance with Articles 142/1-b and 143 of the Turkish Penal Code No. 5237. and 2004/494 baseline, 2008/987 decision, with the letter of the Ministry of Justice dated 31/12/2019 and numbered 94660652-105-34-20548-2019-Kyb, the Office of the Chief Public Prosecutor of the Court of Cassation dated 08/01/2020 and 2020 It was sent to our office with the notice numbered /2527,
IN THE MENTIONED NOTICE;
According to the scope of the file, in the crime of theft committed by the accused against the victims … and …; Due to the fact that it is not clear in which time period the act took place, the suspect benefits from the doubt. It has been understood that, since there was no correctness in assigning the excess penalty by making an increase in accordance with the article, it was understood that the aforementioned decision should be overturned.
NEEDLY DISCUSSED AND CONSIDERED;
In the concrete case, in the crime of theft committed by the accused … against the victims … and …; The Chief Public Prosecutor’s Office of the Supreme Court of Appeals, based on the request for annulment for the benefit of the law, by applying Article 143 of the Law No. 5237 in the provisions established for the crime of theft, even though the conditions were not met, without considering that it was committed during the day in accordance with the principle that the suspect benefits from the suspicion because it is not clear in which time period the act took place. Since the denunciation letter of the court was seen on the spot according to the content of the examined file, its ACCEPTANCE and the actions of the accused … about the victims … and … of theft crimes, of the Istanbul 5th Criminal Court of First Instance dated 04/12/2008 and numbered 2004/494, decision number 2008/987. Pursuant to subparagraph (d) of paragraph 4 of the same article, the paragraph pertaining to the implementation of article 143 of the Turkish Penal Code No. 5237 is removed from the provisions related to theft crimes, since the provisions of the Law No. set a prison sentence It was unanimously decided on 18/06/2020 that the other parts of the judgments be preserved as they are, and that the file be returned to the Office of the Chief Public Prosecutor of the Court of Cassation to be sent to its place.
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