Yargıtay 12. Ceza Dairesi 2019/3531 Esas 2019/9675 Karar Sayılı İlamı
Esas No: 2019/3531
Karar No: 2019/9675
Karar Tarihi: 01.10.2019
Yargıtay 12. Ceza Dairesi 2019/3531 Esas 2019/9675 Karar Sayılı İlamı
Özet:
Bekir Karabulut and Zekeriya Tekin were under investigation for damaging property, causing injury to multiple people due to negligence, defamation, and endangering traffic safety. The Banaz Prosecution Office had initially ruled that there was no need for prosecution, but after the decision was challenged, the Uşak 1st Peace Criminal Court had ordered further investigation. However, the court did not follow proper procedure and did not wait for the prosecutor to complete the investigation before making a decision. Therefore, the Yargıtay (Court of Cassation) rejected the request to overturn the ruling, and the case was sent back for further proceedings in accordance with legal procedure. The relevant article of the Criminal Procedure Code is Article 173/3, as amended by 6545 Law No. 71, which states that if a peace judge decides to expand an investigation, they must clearly state this and request it from the public prosecutor's office, which may reject the request if there is not sufficient evidence to warrant prosecution.Relevant Articles:
- 5271 Criminal Procedure Code, Article 309
- 173/3 of as amended by 6545 Law No. 71
