Hırsızlık - konut dokunulmazlığının ihlali - mala zarar verme - Yargıtay 22. Ceza Dairesi 2015/12432 Esas 2016/6925 Karar Sayılı İlamı

Özet:

An Asliye Ceza Mahkemesi found the defendant guilty of theft, violation of the inviolability of domicile, and property damage. The defendant appealed the verdict, and the appellate court reviewed the nature of the verdicts, the types and duration of the sentences, and the date of the offense. The appellate court rejected the defendant's appeal against the verdict of property damage due to the pecuniary penalty sentenced under the 6217 and 5320 laws, which cannot be appealed. However, the appellate court accepted the defendant's appeal against the verdicts of theft and violation of the inviolability of domicile due to the defendant's age at the time of the offense and the failure to implement the penalty adjustment provisions granted by the 1412 law.
The 5320 Law on the Implementation and Application of the Criminal Procedure Code, which went into effect on April 14, 2011, added a temporary article 2 to the 1412 Code of Criminal Procedure, stating that direct punishment of a pecuniary fine of up to 3000 TL for offenses other than those that require imprisonment or security measures shall not be appealed.
The defendant was sentenced to a penalty under 1412 of the Code of Criminal Procedure, which explains the reason for the rejection of the defendant's appeal against the verdict of property damage.
The defendant's appeal against the verdicts of theft and violation of the inviolability of domicile were accepted due to the failure to consider the defendant's age at the time of the offense and the non-application of the penalty adjustment provisions granted by the 1412 law. The verdicts were corrected by removing the section concerning the application of Article 58 of the Turkish Penal Code, and the other aspects of the verdicts were upheld.
The verdict was issued unanimously on April 28, 2016.
Relevant Laws:
- Law No. 5320 on the Implementation and Application of the Criminal Procedure Code
- Law No. 1412 of the Code of Criminal Procedure
- Turkish Penal Code, Article 58/5 and Article 53 (some sections of which were abolished by the Constitutional Court's decision on November 24, 2015).