2. Criminal Department 2018/2976 E. , 2018/8925 K.
“Text Of Jurisprudence”
COURT : Criminal Court of First Instance
CRIME : Theft, violation of housing immunity, damage to property
SENTENCE : Conviction
The file was examined and considered as necessary;
Upon examination, it was determined that the defendant’s request to be decided on the “approval of his file” by his petition dated 14/02/2018; Since the ”approval” authority belongs to the Supreme Court, it cannot be considered as “refusal to appeal,
1-In the examination of the request for an appeal against the provisions established on the accused for theft and damage to property;
In the event that the accused committed the theft by damaging the doors of the mosque, the defendant’s action is in accordance with Article 153/1 of the Turkish Commercial Code. 151/1 of the Turkish Commercial Code without regard to the fact that it constitutes a crime regulated in Article. since there is no appeal against the establishment of the provision by article 53 of the TCC No. 5237, no reason for overturning has been made. the Constitutional Court’s decision No. 08/10/2015 day and 2014/140 day and 2015/85 decision, which entered into force on 24/11/2015 on the cancellation of some parts of the article, was also taken into consideration and it was deemed possible to observe the implementation of the deprivation of rights provided for in this article at the execution stage.
According to the opinion and discretion of the judge, the appeal objections to the hearing, the evidence collected, the grounds are not in place and the provisions are UPHELD,
2-In the examination of the request for an appeal against the decision established on the defendant for violation of housing immunity;
The mosque because the mosque is the place where everyone can come and go easily into candles and rosaries who stole a crime by entering the subject of the defendant’s actions as a whole from that theft is a crime a crime in a house of worship the place of residence of receipt of the goods or the nature of the absence in the workplace, disregarding, not acquittal from the guilt of the defendant of the elements instead of thrown in writing of the conviction,
It was decided unanimously on 12/07/2018 that the verdict should be OVERTURNED against the will for these reasons, as the appeals of the defendant, which required a reversal, were considered to be in place in this regard, the verdict was overturned against the will on 12/07/2018.
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