Precedent-setting ruling from the Court of Cassation: This behavior in marriage is considered a crime!

The 8th Criminal Chamber of the Court of Cassation has upheld a sentence for "deprivation of liberty" handed down to a husband who, in a domestic incident, forcibly removed his wife from their home and locked the door to prevent her from returning.

According to the information in the case file, the incident took place in the Eskil district of Aksaray. The husband, who had been experiencing long-standing problems with his wife and was alleged to be having an affair with another woman, engaged in a heated argument with his wife following a dispute.

During the argument, the husband insulted his wife, then forcibly removed her from the house, locked the door, and did not allow her to re-enter.

Following this incident, the woman filed a complaint with judicial authorities. As a result of the lawsuit, the Eskil Criminal Court of First Instance sentenced the defendant to 10 months in prison for the crime of "deprivation of liberty."

However, the 8th Criminal Chamber of the Court of Cassation, which reviewed the decision, overturned the ruling on the grounds that the sentence was insufficient, emphasizing that the act was committed "against a spouse" and "by using force," as defined in Article 109, Paragraph 3, Clause (e) of the Turkish Penal Code.

In the retrial, the local court changed its previous decision and increased the prison sentence to 3 years and 4 months.

Following this decision, the defendant appealed again, and the file returned to the agenda of the Court of Cassation.

The 8th Criminal Chamber of the Court of Cassation considered the fact that the initial 10-month prison sentence had not been appealed by the prosecution as a "vested right," and subsequently corrected and upheld the local court's decision within that framework.

The ruling further stated that "the act was committed by the defendant, the nature of the crime and the sanctions applied were determined correctly within the legal framework, and the sentence imposed was based on legal grounds."

News Source: AA