Supreme Court of the Republic of Turkey
4. Criminal Chamber
Basis: 2015/ 21528 Decision: 2019 / 18081
Decision Date: 25.11.2019
COURT: Criminal Court of First Instance
CRIME: Threat
JURISDICTION: Acquittal
The decision rendered by the Local Court was appealed, and the file was discussed according to the duration of the application, the nature of the decision and the date of the crime:
Since there were no grounds for refusal of the appeal request, the matter was passed on,
According to the minutes, documents and the content of the justification reflecting the trial process in which the conscientious opinion was formed, it was understood that ill-treatment and injury actions were also carried out against the complainant, but no lawsuit was filed separately from these actions. In the examination carried out, it was determined that a compromise could not be reached in accordance with paragraph 3,
After the complainant (deceased) was constantly disturbed by his wife with a referral petition on 19.04.2013, he was threatened with death, he could not stand the pressure and left his wife and home voluntarily, his files were found in the relevant police station, he stayed in a women’s shelter to get a divorce, and he threatened his children. that he returned from fear, that he left the house when he could not agree; After stating that the accused, who is his wife, threatened his family this time, that he went to the house of a friend he met in the institution, that he heard that his wife had a search warrant issued for the suspect, that his life was in danger, and therefore he wanted the information about him not to be given to his wife; Finally, a lawsuit was filed with the indictment dated 13.06.2014, after the murder of the complainant by his suspected wife on 15.01.2014; the mother of the participant confirmed the threats and ill-treatment against her daughter, as well as confirming that the suspect and the suspect raided her father’s house, threatening him and his daughter with death, after he took his daughter to his house to save; In the case where the defendant denied his guilt in his defense, but stated that he went to his mother-in-law’s house because the complainant left the house; Statements of the complainants, the way the incident occurred, the complainants talking about the events that had previously been transferred to the police station, the complainant (the victim) has two children, he settled in a women’s shelter and stayed there for a while, the defendant’s pressure on his wife and mother when he went to his mother’s house, he lost his address and went elsewhere. trying to save his life, when all these mentioned and the issues in the file are evaluated together, the defendant, who killed his wife and was prosecuted for murdering his wife, was acquitted on written grounds, although it is clear that he committed the crime of threatening against the mother and the complainant (deceased),
Since it was unlawful and the reasons for the appeal of the participating … were deemed appropriate, it was unanimously decided on 25/11/2019 that the judgment be quashed and the case be sent to the main/sentencing court to be continued and concluded, starting from the stage before the reversal of the proceedings.
