Hırsızlık - Yargıtay 17. Ceza Dairesi 2018/1151 Esas 2019/2532 Karar Sayılı İlamı
Esas No: 2018/1151
Karar No: 2019/2532
Karar Tarihi: 27.02.2019
Hırsızlık - Yargıtay 17. Ceza Dairesi 2018/1151 Esas 2019/2532 Karar Sayılı İlamı
Özet:
An Asliye Ceza Court summoned a defendant for theft, for stealing a TV, a laptop, a speaker, and a bag from the plaintiff's house. The TV was found on the defendant when he was caught by the police, and returned to the plaintiff, but the other items were not found during the investigation. However, the defendant's brother paid compensation for the remaining damage during the trial. The court applied Article 168/2-4 of the Turkish Penal Code (TCK) to the defendant and did not find any grounds for a retrial. The Constitutional Court's decision on the invalidity of Article 53(1)(b) of the TCK could potentially be taken into account during the execution stage of the sentence. The court upheld the initial ruling against the defendant's appeal.The specific articles of the TCK used in this case are Article 168/2-4, which relates to the penalties for theft, and Article 53(1)(b), which was declared invalid by the Constitutional Court.
