Özet:

Orhan Bolat is a child who was convicted of qualified theft. During the trial on 7 June 2013, Orhan Bolat stated that they had compensated for the plaintiff's damages after the filing of the lawsuit. The court found no error in accepting this statement, and therefore rejected the request for a new trial. The court made an erroneous application of Article 168/2 of the Turkish Penal Code (TCK) by applying it before Article 31/3 of TCK, but since this did not change the punishment, the decision was not overturned. The defense's appeal was deemed unfounded, and the court decision was upheld. TCK's 168/2 article was applied wrongly in this case as it should have been applied after TCK's 31/3 article. TCK's 61 article was also violated due to this error.
Turkish Penal Code:
- Article 168/2: Crimes that are committed through the use of counterfeit documents, seals, or stamps or by pretending to be someone else, are considered as qualified crimes of theft.
- Article 31/3: In cases where there is more than one provision that could be applied to an act, the provision that has a lighter punishment should be applied.
- Article 61: If criminal regulations appear to contradict each other or create ambiguity, then the interpretation that is more favorable for the accused should be applied.