Supreme Court of the Republic of Turkey
15. Criminal Chamber
Basis: 2015/10838
Decision: 2016/6627
Decision Date: 22.06.2016
THE CRIME OF DAMAGE TO PUBLIC PROPERTY – WHERE THE LIMITATION OF PRIMARY ACTION OF SIX YEARS IS REALIZED BY THE AMOUNT OF THE PENALTY REQUESTED BY THE CRIME – OVERRIDE OF THE PUBLIC ACTION
SUMMARY: Since it was understood that the six-year statute of limitations for the original lawsuit, in terms of the amount and type of the penalty imposed on the child driven to crime, was realized from the date of the crime to the date of the decision, it was decided that the civil lawsuit filed was dismissed due to the statute of limitations.
Case and Decision: Provisions regarding the conviction of the juvenile delinquent on charges of insulting, resisting the public official’s duty, and damaging public property, were appealed by the juvenile’s lawyer, and the case was reviewed and necessary was considered,
1- In the appeal examination regarding the decisions given for insulting and resisting the public official to not perform his duty;
231/12 of the same law against the decision regarding the “adjournment of the announcement of the verdict” given according to the article 231 of the CMK numbered 5271 and which does not conclusive the case. Pursuant to the article, upon the objection filed by the defense counsel of the juvenile delinquent, with the petition dated 11.07.2013, against the decision regarding the adjournment of the announcement of the verdict given on 04/07/2013 regarding the juvenile delinquent, that there is no possibility of appeal but there is no possibility of appeal, ….. Heavy Penalty As it has been understood that the decision rendered by the refusal decision as a result of the examination made by the Court has become final, the appeal request of the juvenile counselor, who has been dragged into crime, is subject to Article 8/1 of the Law No. 5320. Rejection pursuant to Article 317 of the Criminal Procedure Code No. 1412, which should be implemented in accordance with Article
2- In the examination of the appeal regarding the verdict given for the crime of damaging the public property;
Conclusion: As of the date of the crime, the child who has completed the age of 12 but has not completed the age of 15, is subject to the amount and type of the punishment imposed on the child who has been dragged into crime. 6-year statute of limitations for primary action calculated according to Articles 2 and 67/4; understood to have occurred from the date of the crime to the date of the decision; 8/1 of the Law No. 5320. Criminal Procedure Code No. 5271, 223/8 due to the statute of limitations of the public action brought for the crime of damaging public property based on the authority given by the article 322 of the same law, as this issue does not require a retrial. . It was unanimously decided on 22.06.2016 to fall in accordance with the article.
