Esas No: 2015/3595
Karar No: 2015/7396
Karar Tarihi: 01.12.2015
Resmi belgede sahtecilik - nitelikli dolandırıcılık - Yargıtay 23. Ceza Dairesi 2015/3595 Esas 2015/7396 Karar Sayılı İlamı
Özet:
Sanık E.T. is found guilty of official document forgery and qualified fraud for providing a counterfeit check in exchange for iron materials purchased on June 13, 2009. The court rejected the defendant's appeal, and the sentence was upheld. According to article 53/1 of the Turkish Penal Code, except for the rights deprivation that the department has corrected, it is possible to consider the effects of the decision to cancel. In accordance with the 311th article of the Criminal Procedure Code, the court's additional decision dated April 13, 2012, on the defendant's request for reversal and appeal, is invalid and therefore lifted. The defendant's appeal was accepted because the sentencing decisions were not legitimately notified to the defendant's announced place, and it was timely and appropriate.
Relevant legal provisions:
- Article 5320 of the Criminal Procedure Code
- Article 311 of the Criminal Procedure Code
- Article 53/1 of the Turkish Penal Code
