Yargıtay 17. Ceza Dairesi 2016/3509 Esas 2016/4493 Karar Sayılı İlamı
Esas No: 2016/3509
Karar No: 2016/4493
Yargıtay 17. Ceza Dairesi 2016/3509 Esas 2016/4493 Karar Sayılı İlamı
Özet:
Suspect, who was being investigated for theft and misuse of trust, had a case against him dismissed by the prosecutor's office. The complainant appealed the decision, but the appeal was rejected by the court. However, the Supreme Court of Appeal requested a retrial, as there was evidence that the suspect had taken possession of three combi boilers, which were the property of the complainant' s business. The suspect was not a party to the lease agreement, and his actions were illegal. Therefore, a public prosecution should be pursued, despite the original decision to dismiss the case. The court ordered the previous decision to be overturned and for the case to be retried.Kanun maddeleri: 5271 sayılı Ceza Muhakemesi Kanunu'nun 309. maddesi.
