Hırsızlık - Yargıtay 13. Ceza Dairesi 2016/18687 Esas 2018/9966 Karar Sayılı İlamı
Esas No: 2016/18687
Karar No: 2018/9966
Karar Tarihi: 27.06.2018
Hırsızlık - Yargıtay 13. Ceza Dairesi 2016/18687 Esas 2018/9966 Karar Sayılı İlamı
Özet:
An Asliye Ceza Court convicted the defendant for theft. The defendant committed two theft crimes, the first on 13/11/2012 and the second on 20/01/2013, both were more than 2 months apart. Despite the need for separate punishments for each crime due to the renewal of the crime's intent, the court sentenced the defendant by applying TCK 43, and the appeal did not argue against this, hence there was no reason for the annulment. Furthermore, the court considered the possibility of implementing the restrictions on rights stated in Article 53 of the Turkish Penal Code (TCK) during the implementation stage, in line with the decision of the Constitutional Court. The verdict was upheld since the evidence and the judge's discretion were legal and appropriate.Article 53 of TCK includes various sanctions for those who commit crimes, such as prohibiting certain professions, banning the use of weapons, and depriving the offender of certain rights. The decision was made in accordance with the provisions of the Turkish Criminal Code and other relevant legislation.
