Yargıtay 14. Ceza Dairesi 2013/3213 Esas 2014/12 Karar Sayılı İlamı
Esas No: 2013/3213
Karar No: 2014/12
Karar Tarihi: 13.01.2014
Yargıtay 14. Ceza Dairesi 2013/3213 Esas 2014/12 Karar Sayılı İlamı
Özet:
A.D. is convicted of simple sexual abuse of a child that could harm their physical or mental health. The Adli Tıp Kurumu (Forensic Medicine Institute) has determined that the victim has post-traumatic stress disorder as a result of the incident. However, due to the sudden and isolated nature of the crime and the fact that it does not meet the criteria for aggravated sexual assault, the court requests further examination from the Adli Tıp Kurumu General Assembly to determine whether the victim's mental health has been damaged or if they have simply been affected by the incident. The court orders a retrial to determine the appropriate sentence for A.D. based on the new evidence.Relevant Laws:
- Turkish Penal Code Article 103/6: Simple Sexual Abuse of a Child that could harm their physical or mental health
- Adli Tıp Kurumu Law Article 15: The Forensic Medicine Institute has the authority to request further examination if there is any doubt regarding the findings of a case.
