4733 sayılı Yasaya Muhalefet - Yargıtay 7. Ceza Dairesi 2014/29637 Esas 2016/8378 Karar Sayılı İlamı
Esas No: 2014/29637
Karar No: 2016/8378
4733 sayılı Yasaya Muhalefet - Yargıtay 7. Ceza Dairesi 2014/29637 Esas 2016/8378 Karar Sayılı İlamı
Özet:
An Asliye Ceza Court convicted the defendant of violating Law Number 4733 and ordered both imprisonment and property confiscation. The defendant appealed, but the appeals court upheld the lower court's ruling. The defendant had a criminal record for electricity theft, but because a new law had recently come into effect stating that such convictions could be overturned if the defendant repaid any damages within six months, the appeals court removed the use of that previous conviction as a basis for the original sentence. The appeals court also found that the lower court had improperly utilized mukerrer infaz (repeated incarceration) and therefore amended the sentence, removing the use of Article 58 of the Turkish Criminal Code, and replacing the relevant portions of Article 53 in accordance with a recent decision by the Constitutional Court.Relevant Laws:
- Law Number 4733
- Law Number 6352, Article 82 & Temporary Article 2, Paragraph 2
- The Turkish Criminal Code (5237), Article 53, Paragraphs 1-3
- The Turkish Criminal Code (5237), Article 58, Paragraph 6
- The Code of Criminal Procedure (1412), Article 322
