15. Criminal Department 2019/1690 E. , 2019/13056 K.
“Text Of Jurisprudence”
COURT : Criminal Court of First Instance
CRIME : Abuse of trust
PROVISION: 1) The TCK ’s decision on the accused who participated … 106/1-2, 43, 53, 58. conviction in accordance with articles 2)155/1, 62, 50/1a of the Turkish Commercial Code about the accused … conviction in accordance with the articles
The verdict on the conviction of the accused for abuse of trust … was considered by the accused and the participant, the verdict on the conviction of the accused for threatening … was appealed by the Public Prosecutor of that place, the file was examined and considered as necessary.
Accused of participating in the …’S Barber who accused the date of your event from 4-5 months ago …’s workplace for the purpose of selling one barber chair brought to agree about the price of the sale did not occur, however, that the accused …’s saying that it would take a seat then accused …’s left at the shop, the seat stopped here for a few weeks, the accused …’s if the seat will have to take out in the direction in spite of all the warnings, the accused …’did not come in and take a seat, whereupon the defendant …’s seat left on the sidewalk outside of the workplace, the rest of the world until about a few months passed and during this process the defendant to the curb by someone which are understood to be Seat …’s to come, has taken upon the accused …’s apprentice …’incident about two months ago, told me to take a seat to the scrapyard and sell it by the time it …’s seat, engaged in witness scrap …’s the defendant sold and the money in exchange for returning to the workplace 10.00 GBP …’s on it during the period until the date of the event, the accused …’s been accused so many times …’s workplace wants his money, and came to the seat, when he didn’t “I know how to get the money, saying” he threatened, the defendant on the date of the event …’s still the defendant …’s seat came in and wanted his money to work on this in the ensuing discussion between them, the accused …’s accused …’m still in the “I’ll get the money, the money I’m not leaving without saying” where there are threats in this way, the accused …’s over and the defendant’s abuse of the trust cast …’s threat chaining thrown in the incident alleged to have committed crimes on;
1) In the appeal review against the verdict established on the accused …;
Since it is understood that the defendant … filed a public lawsuit against the defendant No. 5271 of CMK 223/8, because of the offense of abuse of trust attached to the complaint, the defendant … filed a petition stating that he did not complain about the defendant in his petition dated 29/12/2015 after the verdict, the defendant … also declared that he would accept if he did not drop the complaint about him at the hearing. the obligation to decide on the fall in accordance with the article,
2) In the appeal review against the verdict established on the accused …;
An expression other than a threat to the values of life, body immunity, sexual immunity and assets must contain a clear statement of evil and its intent in order to be considered a different threat, or be perceived in this direction in such a way that it does not cause hesitation depending on the occurrence. Therefore, statements that may be interpreted in a manner that may include a legal recourse, especially in response to a wrongful act or unlawful practice, will not include the conditions of conformity, appropriateness, adequacy sought for the occurrence of a threat offense when evaluated in the integrity of the natural environment in which the words are used. Accordingly, in the concrete case, it is accepted that the defendant said “I know how to get the money”, “I know how to get the money, I don’t go without the money” because of his words, his acquittal should be decided, while a written conviction provision should be established on insufficient grounds,
Since the appeals of the Public prosecutor, the defendants … and … have been considered in place as of this moment, the provisions are therefore 8/1 of Law 5320. article 321 of CMUK No. 1412, which must be implemented in accordance with its article. its DETERIORATION in accordance with the article was decided unanimously on 27/11/2019.
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