Hırsızlık - konut dokunulmazlığını bozma - Yargıtay 2. Ceza Dairesi 2018/3708 Esas 2019/5454 Karar Sayılı İlamı
Esas No: 2018/3708
Karar No: 2019/5454
Karar Tarihi: 20.03.2019
Hırsızlık - konut dokunulmazlığını bozma - Yargıtay 2. Ceza Dairesi 2018/3708 Esas 2019/5454 Karar Sayılı İlamı
Özet:
A criminal court found the defendants guilty of theft and invasion of privacy and sentenced them to 1 year and 8 months of imprisonment with a one-year probationary period. The court also set the probationary period for 1 year, which was below the minimum legal requirement. The defense filed an appeal, requesting a delay in the announcement of the sentence, which was rejected. The appeals court upheld the verdict for the theft charge but overturned the verdict for the invasion of privacy charge and set a probationary period of 1 year for the defendants. The court cited the legal requirement that the probationary period should not be lower than the prison sentence, and the previous decision had failed to comply with that requirement.Relevant article numbers:
- Article 51/3 of the Turkish Penal Code (TCK) states that a convicted person's probationary period should be at least as long as their prison sentence, and it cannot be below one year.
- Article 291/1 of the Code of Criminal Procedure (CMK) states that the period for appealing a court decision is fifteen days as of the notification of the decision.
- Article 322 of the CMK grants the court the authority to correct any mistakes in their decision.
- 1412 Law on Criminal Procedure (CMUK) was replaced by the CMK in 2005 but still applied to cases that had been filed before that time.
- Law No. 7035 amended the CMK in 2017 and extended the appeal period to fifteen days.
- Law No. 5320 grants courts the authority to apply the provisions of previous laws to cases that had already been filed and had not been finalized.
