Court reaches verdict in 'acid threat' case against Hande Baladın!
The defendant, who was on trial for allegedly sending threatening messages to national volleyball player Hande Baladın via social media, was not given any sentence on the grounds that he is not of sound mind.
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The Istanbul 46th Criminal Court of First Instance hearing was attended by the defendant, Mustafa Neşeli, who is being tried without arrest, and the lawyers for both parties. Lawyers for the Turkish Volleyball Federation (TVF) and the Ministry of Family and Social Services were also present at the hearing.
During the hearing, the Council of Forensic Medicine report regarding the defendant's mental health, which had been submitted to the file, was read.
The report stated that the defendant was unable to perceive the legal meaning and consequences of his actions and that his ability to direct his behavior regarding the act was significantly reduced; it was also noted that he had no criminal liability for the crime.
When asked for his statement regarding the report, the defendant Neşeli said, "I was unwell."
Complainant Hande Baladın's lawyer, Ece Yetkin, requested that a new report be obtained, while TVF lawyer Ceren Nur Tutal requested to join the case.
The defendant's lawyer, Adnan Mercan, agreed with the opinion and requested that a decision be made in that direction.
The public prosecutor, when asked for his opinion on the merits, requested that no sentence be imposed on the defendant, stating that his ability to direct his behavior was significantly reduced.
The court rejected the TVF's request to join the case on the grounds that it was not directly harmed by the crime, as well as the complainant's lawyer's request for a new report, and concluded the case.
"THE DEFENDANT CANNOT PERCEIVE THE LEGAL MEANING AND CONSEQUENCES OF THE CRIME"
Pointing out that the defendant could not perceive the legal meaning and consequences of the crime he was charged with due to mental illness, the court also noted that his ability to direct his behavior regarding the alleged act was significantly reduced.
For these reasons, the court ruled that no sentence should be imposed on the defendant.
The court ordered that the defendant, Mustafa Neşeli, be placed under protection and treatment in high-security health institutions, and ruled that this status should continue until a report prepared by the health board states that his danger to society has disappeared or has been significantly reduced.
Speaking to reporters after the hearing, the defendant Neşeli's lawyer, Adnan Mercan, stated, "We have argued from the beginning that no sentence should be given. We said that the element of armed threat never existed in the first place. The reasons for impunity have also emerged; it is a decision that should have been made."
FROM THE INDICTMENT
In the indictment prepared by the Istanbul Chief Public Prosecutor's Office, it was alleged that the defendant, Mustafa Neşeli, threatened national volleyball player Hande Baladın by sending messages via his social media account such as "I will throw acid in your face" and "I will spray your car with bullets."
The indictment stated that the defendant's messages went beyond the crime of "simple threat" and created fear and anxiety, that the elements of the crime of "threat with a weapon" were formed, and that the messages in question were sent at different times with the intent to commit the same crime.
The indictment requested that the defendant be sentenced to between 2 years and 6 months and 8 years and 9 months in prison for the crime of "threat with a weapon against a woman" in a chain manner.