Yargıtay 11. Ceza Dairesi 2021/6858 Esas 2021/3940 Karar Sayılı İlamı
Esas No: 2021/6858
Karar No: 2021/3940
Karar Tarihi: 21.04.2021
Yargıtay 11. Ceza Dairesi 2021/6858 Esas 2021/3940 Karar Sayılı İlamı
Özet:
An Asliye Ceza Mahkemesi ruled that the 53rd article of the Turkish Penal Code should be interpreted in light of the Constitutional Court's decision dated 08.10.2015 with case numbers 2014/140 Esas and 2015/85 Karar, which invalidated certain applications. The defendant was found to have used invoices and received VAT deductions in a suspicious manner, with reports of fake invoicing by the vendor company. Although the defendant presented evidence that the business was being managed by another person, they had previously claimed to be operating it themselves. The court concluded that the trial was conducted properly, the offense was committed by the defendant, and the penalty was applied within legal limits. Therefore, the appeal by the defendant's attorney was rejected, and the original sentence was upheld.Kanun Maddeleri:
- 5237 sayılı Türk Ceza Kanunu'nun 53. maddesi
