Theft

Supreme Court Of The Republic Of Turkey

6. Criminal Department

2021/4615 E. ,

2021/20559 K.

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 the crime on 16/07/2011 within a 3-year supervision period… Turkish Criminal Code 103/1 of the Turkish Criminal Code No. 5237, which is the subject of his conviction no. 2011/192 Principle, 2013/74 Decision 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 OVERFINED contrary to the justification of the notification, because the reason for the reversal did not require a retrial, as per Article 8 of the Law No. 5320, the Criminal Procedure Code No. 1412 was still in force. Based on the authority given by Article . It was unanimously decided on 29/12/2021 that it should be RELEASED due to the statute of limitations.