In the Crime of Theft, If the Defendant Takes Only As Much (70 TL) As He Needs, T.C.K. According to Article 145, Should the Penalty Be Reduced Due to the “Low Value of the Goods”

T.C. SUPREME

2.Criminal Department
Basis: 2015/17090
Verdict: 2018/222
Decision Date: 24.01.2018

CRIME OF THEFT – THE NEED TO OBSERVE THAT THE CONCEPT OF SCARCITY OF VALUE REFERS TO THE RECEIPT OF THINGS THAT ARE REALLY SCARCE ONLY AS MUCH AS NECESSARY AND IN VALUE, WHILE THERE IS AN OPPORTUNITY TO TAKE MORE OF THEM

SUMMARY: the lack of value of the concept of crime with the aim of the legislators general information about the nature of the incident and was also observed by the defendant’s spent the muscles, while as a value and have the ability to receive more things that also really the only requirement, as least in the case of the removal of legal and sufficient justification can be applied to explaining observed that it must be.

(5237 Pp. K. m. 145) (765 Pp. K. m. 522)

The file was examined and considered as necessary;

1-… in the examination of appeals against the conviction sentence established for the crime of violating the workplace immunity;

According to the evidence collected at the hearing on the overturning, the reason, the opinion and discretion of the judge, the appeal objections are not in place, so the decision is rejected and the verdict is UPHELD as a request,

2- … in the examination of appeals against the conviction established on the crime of theft;

According to the scope of the file, other appeals were not considered on the spot. But;

145 of the TCK No. 5237. article 522/1 of the Law No. 765 on the concept of ”low value of goods”. in the article the criteria and slight very slight similarity, except that it gives a discount from the punishment of both substances in the absence of a “lack of value” Law No. 5237-specific, separate, and it is a new concept, the nature of the incident, the defendant’s personality and spent a showing of intent to evaluate and legal and sufficient reasons, by considering a concrete case that can be applied by; in the event that the child who was dragged into the crime stole the 70 TL coin belonging to the client, … on the insufficient grounds that the conditions for its implementation have been formed, but the conditions have not been formed, Article 145 of the Turkish Penal Code No. 5237. non-application of the article,

Since the defense’s appeals were considered on the spot in this respect, it was decided unanimously on the day of 24.01.2018 to OVERTURN the verdict for these reasons.

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