In case of voluntary renunciation, the perpetrator cannot be punished for the attempt, although the actions of the perpetrator related to the crime he is committing remain at the stage of the attempt. However, the perpetrator is punished for this crime if his actions, which continue until the moment he voluntarily gives up, constitute another crime for the crime he has committed.
The marriage union between the spouses must have lasted at least dec year.
Spouses must either apply to the court together for a divorce, or the divorce case filed by one party must be accepted by the other spouse.
It should be concluded that the spouses, when they are heard by the judge, make a statement of free will.
The agreed divorce protocol that the spouses will accept must be found appropriate by the judge.
mobbing; In the literature, psychological violence means oppression, intimidation, inconvenience, harassment. Mobbing (psychological harassment) can be defined as the long-term and systematic pressure applied by the person or group holding the power to people or groups who are not in the same direction as themselves, especially in hierarchical structures where control is weak. The main purpose of mobbing is to intimidate the person as a result of the pressure and to make him quit the job.
In order for a behavior to be considered as mobbing (psychological harassment), it must have certain characteristics. First of all, the behavior should serve the purpose of removing the victim from work and pacifying them. Behaviors need to be done systematically to remove the victim from work. It must also manifest itself in the form of malicious and hostile attitudes, inequality of power and repetitive constant pressure. Mobbing can be from superior to subordinate, from subordinate to superior, that is, from employee to employer.
The following behaviors can be shown as examples of behaviors that will be considered as mobbing, that is, psychological violence in the workplace:
-Trying to break the motivation of the person,
-Constantly changing the person’s job, causing damage to his home or workplace.
The above listed are just examples and may be reproduced. Mobbing, that is, psychological harassment, should be evaluated according to each concrete event and the conditions of the workplace. However, the most important point to be considered about mobbing is that once the above-mentioned or similar behaviors are experienced, it will not be enough for mobbing. The behavior that may cause mobbing should be done in a systematic way in order to ensure that the person quits the job.
The effects of mobbing on the person are quite large and wearisome. Examples of the effects of mobbing are the damage to one’s professional sense of self, the loss of self-confidence, the natural feeling of fear, anger, and restlessness, and the health problems that may lead to depression, panic attacks and even heart attacks.
In order to prevent mobbing (psychological harassment), it is possible to carry out some studies in the workplace. Some of these studies are to identify the problems in the workplace in a timely manner, to appreciate the success of the employees, to investigate and decide the complaint in a fair and impartial manner, and to organize the work environment in accordance with the needs of the people.
In cases where mobbing, that is, psychological, is encountered, first of all, the problem should be tried to be solved by communicating. The person perpetrating the mobbing should be told that he/she should end this situation, that this is a kind of harassment, and that he/she should stop such behavior in the presence of a witness if possible. This situation is also extremely important in terms of proving mobbing, that is, psychological violence in the message.
The situation should be reported to the authorities of the institution.
In addition, psychological help can be obtained to help the person in the situation. This can also serve as evidence to managers in the workplace.
The use of mobbing, that is, psychological violence in a workplace, gives every employer and employee the right to terminate the employment contract with just cause. If the employee is exposed to psychological violence at the workplace, a warning should be sent to the employer stating that he has been exposed to mobbing and that the employment contract has been terminated immediately for just cause. If mobbing is proven, there is also the right to compensation against the workers and employers working in the workplace. In addition, individuals have the right to claim compensation for discrimination under certain conditions.
Sharing is carried out in the form of dividing the property exactly or selling it by bargaining or auctioning and dividing the price.
If there is no agreement in the form of sharing, upon the request of one of the stakeholders, the judge decides to divide the property in the same way, and if the values of the divided parts do not coincide with each other, the missing value is added to the piece and the judge decides to provide an equalization.
If the division request is not found suitable for the situation and conditions, and especially if it is not possible to divide the shared property without a significant loss of value, the sale shall be made by auction. The decision to make the sale by auction among the stakeholders is subject to the consent of all stakeholders.
Supreme Court of the Republic of Turkey
THE CRIME OF BIASING CONFIDENCE DUE TO THE SERVICE – Failing to consider that the tort constituting a crime should be evaluated within the scope of TPC ARTICLE 150, numbered 5237
SUMMARY: It is not observed that the wrongful act of the accused, who is dealing with real estate, who has no negativity reflected in his criminal record, acting together with his close friend, the other accused, who is to be taken from the victim on the day of the incident, should be evaluated within the scope of the article of the Turkish Penal Code No. 5237. is the reason for the breakdown.
Case and Decision: By appealing the judgment given by the Local Court; The file was discussed according to the nature of the application, the type of punishment, its duration and the date of the crime:
I) Deprivation of liberty regarding the accused … and …; As for the examination of the appeals against the provisions established on the offenses of breach of trust due to service;
According to the content of the file and the minutes of the hearing, the legally valid and suitable evidence gathered and discussed at the place of decision, the reason and the discretion of the Board of Judges; Since there was no procedural and illegality in accepting and characterizing that the crimes were committed by the accused, the other appeal objections were not deemed appropriate.
However;
Until the execution of their prison sentences, the defendants are deprived of exercising the rights written in Article 53/1-a-b-c-d-e of the Turkish Penal Code, however, the Turkish Penal Code 53/3. Even though it has been decided to end their deprivation of exercising the rights listed in paragraph 53/1-c of the Turkish Penal Code on their descendants, if they are released on probation pursuant to the article; Published in the Official Gazette dated 24.11.2015 and entered into force on the same date, with the decision of the Constitutional Court, dated 08.10.2015, numbered 2014/140- 2015/85 Principle and Decision, written in Article 53/1-b of the Turkish Penal Code, “election, election and the phrase “using other political rights” has been cancelled,
8/1 of the Law No. 5320. Based on the authority given by Article 322 of the Criminal Procedure Code No. 1412, the section regarding the implementation of Article 53 of the Turkish Penal Code was removed from the sentence, instead of it, “As a legal consequence of the defendants’ imprisonment for the crime they have committed intentionally, the Turkish Penal Code 53/1. to be deprived of exercising the right to elect, be elected and other political rights written in subparagraphs (a, c, d and e) and subparagraph (b); 53/2 of the same Law. In terms of the application of Article 53/1, subparagraphs (a, c, d and e) and voting and other political rights written in subparagraph (b) and in accordance with paragraph 3 of the same article, custody, guardianship and custody over their descendants as written in subparagraph (c). Not being able to use their trusteeship powers until they are released on probation from the prison sentence they are convicted of, by writing the sentence, the other aspects of which are found to be in accordance with the procedure and law, to be corrected and APPROVED,
II) As for the examination of the appeals against the accused against the provisions established for the crime of plundering;
Other appeals were not seen on the spot.
However;
Failing to consider that the wrongful act of the accused, who is dealing with real estate and has no negativity reflected in his criminal record, acted together with his close friend, the other accused, that he will receive from the victim on the day of the incident, and that the wrongful act constituting a crime should be evaluated within the scope of article 150/1 of the Turkish Penal Code No. 5237. ,
Conclusion: It was unanimously decided on 29.06.2016 that the verdict was quashed contrary to the request for the reason explained, since the appeal objections of the defendant’s defense were deemed appropriate in this regard.
Supreme Court of the Republic of Turkey
LOADING CRIME – AT THE EVENT DEVELOPING IN THE EVENT WHERE THE DEFENDANT TRIED TO HIT THE CLIENT BY WAITING THE KNIFE WHILE HOLDING THE CLIENT, AND THE CLAIM ESCAPE TO Escape, THE ACT OF THE DEFENDANT WAS ATTEMPTED TO LOOK
SUMMARY: In the incident that developed in the form of the accused, who was charged with looting, he tried to hit the complainant by swinging the knife he took out of his waist, but the complainant escaped; Without considering that the acts of the accused as a whole constitute the crime of attempted looting, making a mistake in the qualification of the crime necessitated reversal. It was decided to overturn the judgment.
Case and Decision: By appealing the judgment given by the Local Court; With the decision of non-jurisdiction dated 06.04.2015 of the 17th Criminal Chamber of the Supreme Court of Appeals, the file was discussed according to the nature of the application, the type of punishment, the duration and the date of the crime:
I- In the examination of the appeal objections against the verdict established for insulting the accused;
According to the content of the file and the minutes of the hearing, the legally valid and suitable evidence collected and discussed at the place of decision, the justification and the discretion of the Board of Judges; Since there is no procedural and illegality in accepting and characterizing that the crime was committed by the accused, other appeal objections were not deemed appropriate.
However;
Until the execution of the prison sentence is completed, the accused is deprived of exercising the rights written in Article 53/1-a-b-c-d-e of the Turkish Penal Code; however, Turkish Penal Code 53/3. Even though it has been decided to end his deprivation of exercising the rights listed in paragraph 53/1-c of the Turkish Penal Code on his descendants, if he is released on probation pursuant to the article; Published in the Official Gazette dated 24.11.2015 and entered into force on the same date, with the decision of the Constitutional Court, dated 08.10.2015, numbered 2014/140- 2015/85 Principle and Decision, written in Article 53/1-b of the Turkish Penal Code, “election, election and the phrase “using other political rights” has been cancelled,
8/1 of the Law No. 5320. Based on the authority given by Article 322 of the Criminal Procedure Code No. 1412, the section on the implementation of the 53rd article of the Turkish Penal Code was removed from the sentence, instead of it, “As a legal consequence of the defendant’s conviction with a prison sentence for the crime he has committed intentionally, the Turkish Penal Code 53/1. to be deprived of exercising the right to elect, be elected and other political rights written in subparagraphs (a, c, d and e) and subparagraph (b); 53/2 of the same Law. In terms of the application of Article 53/1, subparagraphs (a, c, d and e) and voting and other political rights written in subparagraph (b), and in accordance with paragraph 3 of the same article, the custody, guardianship over their descendants written in subparagraph (c) and not being able to use his powers of trusteeship until he is released on probation from the prison sentence he was sentenced to”, and the sentence, whose other aspects are found to be in accordance with the procedure and law, is corrected and approved,
II- As for the examination of the appeals against the verdict established for the crime of intentionally attempting to injure the accused with a weapon;
According to the occurrence and scope of the file; On the day of the incident, when the complainant was waiting in front of Ziraat Bank, which is on the connection road with the witness …, the accused came to the side of the accused, took his arm and said to the complainant, “You will give me 100-TL” and said that the complainant did not have any money, the accused said, “You will give money, if you do not give it, I will burn your house, I will kill, no one can do anything to me, they will call me … …,” he threatened the complainant, after the complainant got scared and shouted “police”, the accused tried to hit the complainant by waving the knife he took from his waist, but the complainant escaped; Without considering that the acts of the accused as a whole constitute the crime of attempted looting regulated in Articles 149/1-a, 35 of the Turkish Penal Code, mistakenly making a written judgment in the classification of the crime,
Result: It required overturning, since the appeal objections of the defendant’s defense were deemed appropriate in this respect, the verdict was reversed contrary to the request due to the explained reason, the protection of the acquired right pursuant to the 326/last article of the Criminal Procedure Law No. 1412, by sending Article 8/1 of the Law No. 5320, 29.06.2016 It was unanimously decided on.
A) Definition of securities
ARTICLE 645 – (1) Negotiable instruments are such bills that the rights they contain cannot be asserted separately from the deed and cannot be transferred to others.
Shape
ARTICLE 648 – (1) In all cases, the endorsement is made in accordance with the provisions regarding the endorsement of the policy.
(2) It is sufficient to pass the endorsement and possession of the bill for the transfer.
D) Changing the type of the deed
ARTICLE 650 – (1) A deed written to a name or order can only be converted into a pregnant written deed with the consent of all persons to whom it has entitlement and debt. This consent must be written directly on the promissory note.
(2) The same rule is valid for converting maternity bills into registered or promissory notes. In this last case, if there is no consent of one of the right or debt holders, this conversion becomes effective only between the creditor who made the conversion and the person who is the direct successor to his rights.