Esas No: 2015/23804
Karar No: 2015/11173
Karar Tarihi: 16.12.2015
Hırsızlık - Yargıtay 17. Ceza Dairesi 2015/23804 Esas 2015/11173 Karar Sayılı İlamı
Özet:
An Asliye Ceza Mahkemesi had convicted a child offender for theft, but the ruling was appealed. The Appeals Court found that the judgment violated the conditions for suspending the sentence for a child offender, as per Article 23 of the Child Protection Law, which limited the monitoring period to three years. However, the original judgment had stated a monitoring period of five years, which had already expired by the time the new crime was committed, rendering the conditions for the suspended sentence unmet. Therefore, the Appeals Court voided the initial ruling and ordered a retrial. The relevant laws are the Child Protection Law (No. 5395) and Article 231/11 of the Criminal Procedure Code (CMK).
