Hırsızlık - Yargıtay 2. Ceza Dairesi 2016/18431 Esas 2019/2109 Karar Sayılı İlamı
Esas No: 2016/18431
Karar No: 2019/2109
Karar Tarihi: 07.02.2019
Hırsızlık - Yargıtay 2. Ceza Dairesi 2016/18431 Esas 2019/2109 Karar Sayılı İlamı
Özet:
An Asliye Ceza Court has convicted someone for theft. After examining the file and considering the decision of the Constitutional Court (2014/140 Esas, 2015/85 Karar) which declared some parts of Article 53 of the Turkish Penal Code invalid, the court decided that if the total litigation expenses were less than 20 TL (which is the amount to be waived according to Article 106 of the Collection Procedure of Public Receivables Act) and if the court has already ordered the defendant to pay these expenses, then the State Treasury can keep the litigation expenses rather than collecting them from the defendant, as long as the defendant has not yet paid them. The Court dismissed an appeal against this decision and it was upheld on 07/02/2019.The relevant laws mentioned in the decision are:
- Turkish Penal Code Article 53
- Turkish Criminal Procedure Code Article 324/4
- Collection Procedure of Public Receivables Act Article 106
