Hırsızlık - konut dokunulmazlığının ihlali - Yargıtay 17. Ceza Dairesi 2018/5903 Esas 2019/2725 Karar Sayılı İlamı
Esas No: 2018/5903
Karar No: 2019/2725
Karar Tarihi: 05.03.2019
Hırsızlık - konut dokunulmazlığının ihlali - Yargıtay 17. Ceza Dairesi 2018/5903 Esas 2019/2725 Karar Sayılı İlamı
Özet:
Faris Davulcu is convicted of theft and violating the inviolability of habitation by the local criminal court. The court applied the deprivation of rights under Article 53 of TCK and ordered Davulcu to pay a small amount of trial expenses. His lawyer appealed the case on the grounds that the application of Article 53 is in violation of Article 53/4 and the trial expenses are wrongly imposed on Davulcu who is a minor.The appeal court found that there is no breach of law in the conviction and qualification of the crimes by the criminal court. However, the court decided to overturn the conviction and ordered a retrial on the grounds that the criminal court applied the deprivation of rights under Article 53 in a manner contrary to Article 53/4 and wrongly imposed trial expenses on Davulcu.
As a result, it is ordered that the parts of the judgement related to the application of Article 53 and trial expenses are removed. The trial expenses will be subtracted from the state budget as it is less than the amount that is required to be collected from the convicted minor under 6352 Law, additional Article 100, the amendment to Article 324/4 of CMK.
Relevant legal provisions:
-TCK Article 53
-TCK Article 53/4
-6183 Law on the Collection Procedure of Public Receivables, Article 106
-5320 Law on the Procedure for the Administration of Criminal Courts
-1412 Code of Criminal Procedure, Article 322
-6352 Law on the Procedure for the Administration of Criminal Courts, Additional Article 100, the amendment to Article 324/4 of CMK.
