Republic of Turkey
Supreme Court Decision Case No: 2011/6731
Decision No: 2012/45397
Decision Date: 07.11.2012
Supreme Court Decision
Notification No: 2 – 2009/159584
COURT: Alanya 2nd Magistrates’ Criminal Court
DATE: 20/11/2008
NUMBER: 2008/206 (E) and 2008/940 (K)
CRIME: Violation of the inviolability of the home
The file was examined and the necessary considerations were made;
1- In the examination of the appeals against the acquittal decision given for the defendant H. Y.;
According to the hearing held, the evidence gathered, the reasoning, the judge’s opinion and discretion, the appeals are rejected as they are unfounded, and the judgment is AFFIRMED as requested.
2- Regarding the appeals against the acquittal decision given for the defendant S. K.;
The crime of violating the inviolability of the home is one of the crimes committed against the personal freedom, and the legal interest protected in this crime is not the right of ownership, but the personal freedom of those living in the home. In the concrete case, it was understood that the plaintiff transferred the ownership of his house to the defendant as collateral for his debt through a real estate transfer contract due to a dispute arising from a debt-credit relationship between the plaintiff and the defendant, and that he continued to live in his house, and that the defendant had the door opened by a locksmith and checked the inside and changed the lock to check whether the plaintiff had vacated the house and moved out on the date of the crime; Although the defendant’s actions constituted the crime of violating the inviolability of the home,
the acquittal decision was given on an unlawful ground,
the appeal objections of the plaintiff’s lawyer were found to be justified in this respect, therefore, the judgment was REVERSED as requested,
for this reason, by unanimous decision on 07/11/2012.