Karşılıksız yararlanma - Yargıtay 8. Ceza Dairesi 2014/19946 Esas 2014/33037 Karar Sayılı İlamı
Esas No: 2014/19946
Karar No: 2014/33037
Karar Tarihi: 26.12.2014
Karşılıksız yararlanma - Yargıtay 8. Ceza Dairesi 2014/19946 Esas 2014/33037 Karar Sayılı İlamı
Özet:
Istanbul Anadolu 15th Criminal Court of First Instance made a decision regarding the temporary article 2 of the Law No. 6352, which aims to activate the judicial services and postpone the punishments for press crimes. The court stated that this law allows the avoidance of punishment for crimes related to institutional damages if the damages are compensated by the suspects. However, before the decision, a report from an expert witness should be obtained to confirm whether the consumption was illegal and the amount of tax and penalty-free consumption. Then, the suspect should be given a reasonable time to pay the damages. If the compensation is paid, no punishment will be given, but if not, a legal determination should be made according to the evidence evaluation. The court concluded that the decision made by the lower court was incomplete and against the law. Accordingly, the decision was reversed.Temporary article 2 of Law No. 6352 allows avoidance of punishment for certain crimes related to institutional damages if the damages are compensated by the suspect. Before the decision, a report from an expert witness should be obtained to calculate the amount of tax and penalty-free consumption. If the compensation is paid, no punishment will be given, but if not, a legal determination should be made according to the evidence evaluation.
