Karşılıksız yararlanma - Yargıtay 2. Ceza Dairesi 2013/3179 Esas 2013/10745 Karar Sayılı İlamı
Esas No: 2013/3179
Karar No: 2013/10745
Karar Tarihi: 30.04.2013
Karşılıksız yararlanma - Yargıtay 2. Ceza Dairesi 2013/3179 Esas 2013/10745 Karar Sayılı İlamı
Özet:
Izmir 15th Criminal Court has ruled that a punishment should not be given to the defendant who had compensated for the damage caused to the plaintiff's institution by benefiting from it without paying according to the temporary 2nd article of Law No. 6352, which was put into effect on the same day on July 5, 2012. The court has stated that the punishment given to the defendant without considering this law must be annulled in its entirety. The plaintiff's attorney appealed the decision and it was decided by unanimous vote on April 30, 2013 that no punishment should be given to the defendant according to Article 322 of the Criminal Procedure Code No. 412, which is still in effect.Article 322 of the Criminal Procedure Code No. 412 allows the court to not give punishment to the defendant in certain circumstances. Temporary 2nd article of Law No. 6352 provides for delaying the trials and penalties for certain crimes committed through press until January 1, 2014.
