T.R.
JUDICIARY DECISION Main No: 2011/6731
Decision No: 2012/45397
Decision Date: 07.11.2012
Supreme Court Decision
Communiqué No: 2 – 2009/159584
COURT: Alanya 2nd Criminal Court of Peace
DATE: 20/11/2008
NUMBER: 2008/206 (E) and 2008/940 (F)
CRIME: Violating the immunity of residence
The file was examined and the need was considered;
1- In the examination of the appeals made against the acquittal of the accused H.. Y.;
Objections to appeal according to the hearing held, the evidence collected, the reason, the judge’s opinion and discretion
APPROVAL of the judgment as a request with the refusal of it being out of place,
2- As for the appeals against the acquittal of the accused S.. K.;
The crime of breaking the immunity of the residence is one of the crimes committed against the freedom of the person and the protection protected in this crime
legal interest; Property is not a right, it is the personal freedom of the residents. In the concrete case, with the participant
due to a dispute arising from the debt-credit relationship between the accused, the debt of the participant
Even though he has transferred the ownership of his house to the accused with a real estate transfer agreement as collateral in return,
continued to live in his house, and whether the accused had evacuated and moved to the house of the participant on the date of the crime.
that you have changed the lock by opening the door by the locksmith to check it and checking the inside.
against understanding; Although the act of the accused constitutes the crime of breaking the immunity of the residence,
acquittal on unlawful grounds,
Since the appeal objections of the participating attorney who necessitated reversal were deemed appropriate in this respect, the judgment
for this reason, it was unanimously decided on 07/11/2012 that it should be FRINGED as the request.