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The Witness Statement Of Someone Who Heard Threats And Insults From The Speaker Of A Cell Phone Is Valid (Supreme Court Decision)

Republic of Turkey

Supreme Court

4th Criminal Chamber

 

Case No: 2013/8808

Decision No: 2015/23904

Date of Decision:

 

CASE AND DECISION: The judgments rendered by the Local Court were appealed, and the case was reviewed considering the timeliness of the appeal, the nature of the decision, and the date of the crime.

 

Since there were no grounds for rejecting the appeal request, the merits of the case were examined.

 

In the examination conducted based on the minutes, documents, and the content of the reasoning reflecting the trial process in which the conscientious conviction was formed,

 

The plaintiff and witness I. Despite A.’s consistent statements throughout the proceedings, indicating that while they were working together at the municipal ticket office around 9 PM, he threatened and insulted her by saying, “You whore, I’ll make you a bullet-riddled maniac,” through the speakerphone of his cell phone, the acquittal decision on both charges was given without explaining why the defense was accepted and with insufficient reasoning.

 

CONCLUSION: Since the decision is contrary to the law and the grounds for appeal by the plaintiff Sultan Geyikçi’s attorney and the opinion in the notification are deemed valid, the judgments are overturned, and the case is sent back to the main/judgment court for the trial to be continued and concluded from the stage prior to the reversal. The decision was made unanimously on March 6, 2015.

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