6th Penal Chamber 2021/4615 E. , 2021/20559 K.
“Justice Text”
COURT: Criminal Court of First Instance
CHILD DRIVEN TO CRIME: …
CRIME: Theft
JURISDICTION: Conviction
The decision rendered by the local court was appealed and the file was examined and the necessary was considered:
The decision regarding the postponement of the announcement of the verdict became final on 24.07.2009, which led to the announcement of the verdict… In the face of the understanding that the crime, which is the subject of the 7th Criminal Court of First Instance, was committed on 10.07.2014, although it was stated in the decision that the child dragged into crime was subject to a 5-year supervision period. In accordance with Article 23 of the Child Protection Law, the probation period for the juvenile delinquent is 3 years, therefore the verdict cannot be announced; When we look at the current criminal record of the child dragged into crime, he committed on 16/07/2011 within a 3-year supervision period … The crime subject to the conviction of the 2nd Juvenile Heavy Penal Court no. -b, 103/2. In the examination made by determining that it belongs to the crime of sexual abuse of children defined in the Articles of Association and the conditions for the announcement of the decision, which has been deferred, are met,
Turkish Penal Code 141/1, 31/2, which complies with the crime of theft of the child who was dragged into crime, who was in the 12-15 age group on the date of the crime. According to the upper limit of the penalty stipulated in Articles of Turkish Penal Code 66/1-e, 66/2 and 67/4. Considering that the 6-year statute of limitations for extraordinary proceedings, calculated pursuant to Articles of Association, stopped as of 24.07.2009, when the decision to postpone the announcement of the verdict became final, and started to re-commit on 16.07.2011, when the crime within the supervision period of the juvenile was committed, it has passed from the date of the crime, which is 20.03.2008, to the date of examination. to be found,
Since the appeal of the Public Prosecutor of that place was deemed appropriate in this respect, the verdict was VOID contrary to the justification of the notification for the reason explained, since the reason for the reversal did not require a retrial, the Criminal Procedure Code No. 1412, which is still in force in accordance with Article 8 of the Law No. 5320. Based on the authority given by the article 322, the public case against the juvenile delinquent, the Criminal Procedure Law No. 5271 223/8. It was unanimously decided on 29/12/2021 that it should be RELEASED due to the statute of limitations.
