Yargıtay 1. Ceza Dairesi 2015/3462 Esas 2015/5303 Karar Sayılı İlamı
Esas No: 2015/3462
Karar No: 2015/5303
Karar Tarihi: 05.11.2015
Yargıtay 1. Ceza Dairesi 2015/3462 Esas 2015/5303 Karar Sayılı İlamı
Özet:
S.A. is accused of intentionally killing Y.A. by firing four shots at him out of anger for suspecting that his wife F. was having an affair with Y.A. S.A. also violated his loyalty obligation to his wife by committing a crime against her. The court found S.A. guilty of the murder charge but also took into account the mitigating circumstances of provocation and reduced his sentence accordingly. However, the court did not consider his violation of loyalty separately, which could have resulted in a higher sentence reduction rate. Furthermore, the court did not properly account for the expenses related to the autopsy and medical examination of the victim in the sentencing decision.The relevant sections of the Turkish Penal Code (5237) cited in the case are Article 82 on mitigating circumstances and Article 29 on the reduction of sentence.
