19. Criminal Chamber 2021/2529 E. , 2021/5616 K.
“Justice Text”
COURT: Criminal Court of First Instance
CRIME: Violation of the Law No. 6831
JURISDICTION: Conviction
By appealing the judgment rendered by the Local Court; the duration of the application, the nature of the decision and the date of the crime.
According to this, the file has been examined, the need has been discussed and considered:
Since there were no grounds for refusal of the appeal, the matter was passed on.
According to the minutes, documents and justification content reflecting the trial process in which the conscientious opinion was formed.
in the review;
110/2 of the Law No. 6831. Stubble burning regulated in Article 76/d of the same Law with reference to Article
Grass, bushes, crop stalks left in the field after harvest, which can be considered as stubble for the crime to occur
etc. such as vegetation less than 4 kilometers from the nearest forest area and deliberately
it should have been burned, and from the scope of the file, after cutting the grass that the accused had gathered in his field
It is understood that the fire that was started by the accused to be saved and burned on the side, and the fire that started as a result of the growth of the fire.
In the event where the fire was extinguished before reaching the forest area, the act of the accused did not constitute the crime of burning stubble.
The danger of forest fire due to the fact that the fire is located at a distance of 2550 meters from the forest area
Since the action constitutes a risk of negligence, the general security regulated in article 171/1-a of the Turkish Penal Code
As a result of the mistake made in the determination of the crime qualification, not considering that it gives rise to the crime of embezzlement.
decision in writing,
According to the acceptance;
1-According to Articles 141 of the Constitution, Articles 34 and 230 of the CMK, defendants and victims of court decisions,
It must be in a way that will convince the Public Prosecutor and everyone else and allow the Supreme Court inspection.
must. In order for the Court of Cassation to check for consistency in the justifications; all the data on which the decision is based,
The conclusions reached by the court regarding these data are based on claims, defenses, and victim and witness statements.
It should be clearly stated that the evaluations regarding the
As a result of the reflection of the judgment in the justification and the conscientious opinion reached by the court, which
Making the legal characterization of these acts, which are accepted after it is declared that their acts are considered crimes,
While the reasons that require increase and reduction in punishment should be discussed in the legal context, this
without any justification by referring to the decision to defer the announcement of the verdict by not complying with the provisions
establishing a provision,
2- In accordance with Article 110 of the Law No. 6831, while determining the basic punishment,
the relevant paragraph of the law article is not observed,
3- Turkish Penal Code No. 5237 on the accused as a legal consequence of being sentenced to imprisonment for an intentional crime.
Failure to observe that deprivation of rights should be ruled in accordance with Article 53,
In the provision announced on 4-18.03.2016, a decision was made in favor of the participating administration that had it represented by proxy.
According to the Minimum Attorneyship Fee Tariff in force on the date of 03.04.2009, the decision was made.
that the attorney’s fee should be awarded by deducting the attorney’s fee received under
not being observed,
Since it is unlawful and the reasons for the appeal of the participating attorney are deemed appropriate in this respect, the notification shall be filed.
PRESIDENCY OF JURISDICTION
contrary to Article 8/1 of the Law No. 5320. No. 1412, which must be implemented in accordance with Article
In accordance with the article 321 of the Criminal Procedure Code, the file will be closed to be concluded.
It was unanimously decided on 25/05/2021 that he be sent to the court.
