T.C SUPREME COURT
2. Criminal Division
Basis: 2018 / 6747
Decision: 2019 / 1146
Decision Date: 28.01.2019
Court :Criminal Court of First Instance
Crime : theft, resisting for failing to perform duty
Sentencing: conviction
File reviewed and considered necessary;
1-The defendant … is hunting for the provisions of the conviction established for theft. … in the review of the appeal request;
As described in the decision of the criminal General Assembly dated 18.03.2008 and numbered 9-7-56, tefhim and communiques made to mandatory defense in cases where the defendant was not informed that he was assigned mandatory defense during the prosecution phase will not have legal consequences related to him; the defendant …was present during the interrogation in the magistrate’s Criminal Court at the investigation stage and continued to defend the court. … , although he has appealed the provisions established against the defendant, in the face of the understanding that during the defense of the defendant, he has declared that he does not want a defense, and it is not necessary to appoint a mandatory defense for the defendant; Av. … since the defendant does not have the right and authority to appeal the provisions of the conviction dated 15.02.2013, he does not have the right to appeal the sentence. … ‘s appeal request No. 317 of Cmuk No. 1412. refusal in accordance with the article,
2 – in the examination of the appeal request of the accused … in respect of the provisions of the conviction established for theft against the accused…, … and … in respect of the provisions of the conviction established for theft and resisting duty against the accused defense;
A) the defendants, at night at the time of the crime, the license plate of the Fiat Linea brand car with customers …and … the village where the shops … It is alleged that they were found in the village and the witness …at 01.15 at night on 28.12.2010….While in his village, he was in a vehicle and asked for an address, which he identified as the defendant …at the stage of the investigation.; in the solution of the camera images that the said vehicle was located in the mentioned villages, the exact license plate of the vehicle could not be determined, the identity of the people in the vehicle could not be determined precisely due to the poor image quality, and the witness … ‘ s statement at the hearing dated 07.06.2011 Fiat Linea brand can not see how many people were in the vehicle and; contrary to the defense of defendants who do not accept the thrown charges at all stages, their convictions that they committed the thrown theft crimes are sufficient, far from any doubt, what is the final and convincing evidence is explained and discussed at the place of decision to decide their convictions in writing,
b) 265 of TCK No. 5237. in the article “get the task done to resist the” header “option moving” and “a verb with a purpose” and task organized as against public officials condemned the actions of the criminal in order to prevent the type of arriving in the execution of the movement of the means of “force or threat” – shaped executive actions that can be processed with stipulated and specified transactions would create the crime of acts of passive resistance, considering that it does not contain typical; the defendants, on the night in question with the tool they use 11.01.2011 the perpetrators of the burglary where the vehicle is located on the tip in the direction of the complainants when they are asked by the customer to be stopped by gendarmerie officers on the road as a safety precaution they fled out of there without hitting a buoy another by means Dec, then the chase continues, the team of the gendarmerie officers and complainants by turning the side of the tool path you want to close, but the road’s side from the part of the plaintiff to the defendants understood by maneuvering the vehicle in the event of escaping again, defendants …, …and … establishing written convictions on incomplete examination and insufficient grounds, without discussing and showing what actions were accepted, under what circumstances they gave the body to elements of algebra or threat sought in the crime of resistance, on what evidence the verdict was established,
Because the defendants…, … and …the defense and the defendant … ’s appeals were considered in place in this respect, it was unanimously decided on 28/01/2019 that the provisions be partially reversed as involuntary for the reasons described.
