Hırsızlık - mala zarar verme - Yargıtay 17. Ceza Dairesi 2015/11847 Esas 2016/3579 Karar Sayılı İlamı
Esas No: 2015/11847
Karar No: 2016/3579
Karar Tarihi: 17.03.2016
Hırsızlık - mala zarar verme - Yargıtay 17. Ceza Dairesi 2015/11847 Esas 2016/3579 Karar Sayılı İlamı
Özet:
A local criminal court convicted two children for theft and property damage. The court sentenced them to fines and ordered them to pay for the damages caused. The defense lawyers appealed the case on behalf of their clients, but only the appeal regarding the fine was deemed invalid, as the amount was set in accordance with the law. However, the appeals court found several faults in the conviction of the children for theft. The court found that the sentence was insufficient, considering the severity of the crime and that the proper article of the law was not taken into account during the trial. The appeals court also found that the children were not given adequate legal representation, and that they were subjected to unnecessary expenses, contrary to the Child Rights Convention. Therefore, the court overturned the previous judgment and ordered a retrial.The legal provisions mentioned in the judgment are:
- 31.03.2011 Law no. 6217, article 26, and the additional temporary article 2 of Law no. 5320 specify the types and amounts of fines for property damage, and direct appeal against such a verdict is not possible.
- Article 142/2-d of the Turkish Criminal Code (TCK) defines the act of using a tool to turn on a vehicle, which was locked with a key, as a crime of theft.
- Article 141/1 of TCK defines theft as taking possession of someone else's movable property without consent.
- Article 142/1-e of TCK defines the punishment for theft with imprisonment from one year to three years.
- Article 146 of TCK defines the punishment for attempting to commit a crime that is not technically feasible, which is a reduction in the maximum sentence to half.
- The expense of social inspection reports cannot be imposed on defendants, as it is considered a legal cost of the court proceeding.
