“Text Of Jurisprudence”
COURT : Criminal Court of First Instance
CRIME : Theft, damage to property
SENTENCE : Conviction
The file was examined and considered as necessary:
1-In the examination of the appeal request for the conviction of the defendant for damage to property;
article 53 of the Turkish Commercial Code No. 5237. the decision of the Constitutional Court on the cancellation of some parts of the Article dated 08.10.2015 and entered into force on 24.11.2015 dated 2014/140 E., 2015/85 K. decision No. 10 of Law No. 7242, which entered into force on the same day as the implementation of the deprivation of rights provided for in this article by taking into account the evil eye, was published in the Official Gazette No. 31100 on 15.04.2020 and entered into force on the same day. article 53 of the Turkish Commercial Code. with the amendment made to the article, it was deemed possible to observe it at the execution stage.
According to the hearing, the evidence collected, the rationale, the judge’s opinion and discretion, the appeals are not in place, the rejection and APPROVAL of the verdict as requested,
2-In the examination of the request for an appeal against the conviction of the accused for theft;
The defendant’s action in the form of using the accumulated water in the common use of village people, which is not subject to subscription, by drilling the concrete of the village drinking water ventilation well and using a hose does not constitute a crime under the TCK, the defendant’s action is amended by the Law No. 5728 on Village Drinking Water No. 7478 16/2. that it remains within the scope of the article and constitutes a misdemeanor act of a nature that requires an administrative fine; accordingly, in accordance with Article 223/1-a of the CMK, the defendant must be acquitted of theft and the administrative fine must be reduced from the time limit due to the fact that the investigation time limit has also expired in accordance with Article 20/2-c of the Misdemeanor Code No. 5326,
Since the appeals of the accused have been considered in place as of this moment, the decision may be overturned as requested for these reasons, but this violation is in accordance with Article 322 of the CMUK No. 1412. because it is possible for the article to be corrected according to the defendant’s actions did not constitute a crime because it is understood that 223/2 CMK-an acquittal for the defendant’s actions in accordance with the crime of theft of the Law No. 5728 about matching 7478 Law No. 16/2 different with the village drinking water. according to the amount of the administrative fine provided for in article 3 of the 3-year investigation statute written in Article 20/2-c of the Code of Misdemeanors No. 5326, it is understood that the action took place from 21/10/2011 to the date of review and does not require a retrial in this regard, CMUK No. 1412 322. and 24 of the Code of Misdemeanors. since it is possible to make a decision based on the authority granted by Article 20/1 of the Code of Misdemeanors. it was decided unanimously on 10/01/2022 that there was NO ROOM for an ADMINISTRATIVE FINE to be IMPOSED on the accused in accordance with the article.
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