Hırsızlık - Yargıtay 13. Ceza Dairesi 2018/10346 Esas 2019/10102 Karar Sayılı İlamı

Özet:

İngilizce Çeviri:
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The case was about a theft crime and the defendant was found guilty by the local court. However, after the implementation of the new law (6763), which added the 253rd article of the Turkish Criminal Procedure Code (CMK), it was realized that theft, which is defined in article 141 of the Turkish Criminal Code (TCK), was also included in the scope of reconciliation process. Accordingly, since the defendant was a child offender and the possible sentence for the crime did not exceed three years in prison or a fine, the legal status of the defendant had to be reevaluated through reconciliation procedures as stated in articles 253 and 254 of CMK. The decision of the local court was therefore overturned based on this reason and according to article 7/2 of the TCK, the applied law would be the one that was more favorable to the defendant.
The law articles mentioned in the decision are:
- 29906, 6763 sayılı Ceza Muhakemesi Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanunun 34. maddesi (included in 34th article of the Law Making Changes in the Turkish Criminal Procedure Code and Some Other Laws with Regard to the Crimes and Sentences)
- 5271 sayılı CMK, 253. maddesi (253rd article of the Turkish Criminal Procedure Code)
- 5237 sayılı TCK, 141. maddesi (141st article of the Turkish Criminal Code)
- 6763 sayılı Kanunun 35. maddesi (35th article of the Law Making Changes in the Turkish Criminal Procedure Code and Some Other Laws with Regard to the Crimes and Sentences)