Yargıtay 6. Ceza Dairesi 2017/3568 Esas 2017/5932 Karar Sayılı İlamı
Esas No: 2017/3568
Karar No: 2017/5932
Karar Tarihi: 13.12.2017
Yargıtay 6. Ceza Dairesi 2017/3568 Esas 2017/5932 Karar Sayılı İlamı
Özet:
An investigation was conducted against a suspect for the crimes of threat and robbery. The prosecutor's office returned the indictment, stating that there was no mention of the suspect's statements regarding the threat in the indictment, and that the robbery and threat allegations were not considered to be committed together. However, the Court of Appeals deemed that there was enough evidence gathered during the investigation stage to establish sufficient suspicion for the prosecutor to file charges. The Court also noted that the suspect's threatening statements were the basis of the robbery charge, not the threat charge. The Court emphasized that the 6763 Criminal Procedure Code made threat crimes eligible for reconciliation, but if it was committed in conjunction with another crime not eligible for reconciliation, then the reconciliation provisions would not apply. Therefore, the decision of the local court to reject the objection and keep the indictment returned was not appropriate. In conclusion, the Court of Appeals ordered the annulment of the local court's decision and ordered the case file to be sent back for reassessment based on their decision.Relevant Law Articles:
- Article 170/3 of the Criminal Procedure Code, which specifies what the indictment should contain
- Article 174/1 of the Criminal Procedure Code, which specifies the situations in which the indictment can be returned
- Article 170/2 of the Criminal Procedure Code, which dictates that if there is enough suspicion based on the evidence collected during the investigation, the prosecutor must file charges.
- Article 253/3 of the Criminal Procedure Code, which states that if a crime eligible for reconciliation is committed in conjunction with a crime that is not eligible, then the reconciliation provisions will not apply.
- Article 309 of the Criminal Procedure Code, which allows for annulment of a court decision if deemed necessary.
