Supreme Court Judgement Number 6389/2560 (A Direct Consequence of Mutually Committing an Act of Indecency Causing Death)

Abstract

According to the Supreme Court Judgement Number 6389/2560, the 15-year-old deceased was driving a motorcycle. The two defendants drove a motorcycle in order to rape the deceased. The defendants overtook the motorcycle of the deceased and therefore causing the victim to lose consciousness because of the crash. The two defendants removed the pants of the deceased down to the knees but there were other motorcycle coming through. The defendants quickly drove the motorcycle away from the scene. The actions of both defendants caused the injury and the death of the person injured due to bloodstream infections.

In this case, the Supreme Court ruled that the death of the deceased was a direct consequence of the defendants’ conducts which cause death to the other person by inflicting injury upon the body of such person without intent to cause death in accordance with Section 290 paragraph 1 in conjunction with Section 83 of the Penal Code. However, this conduct was not a direct consequence of indecency, causing death to others in accordance with Section 278, 280 (2) in conjunction with Section 83. Therefore, both defendants were found guilty of a charge of doing an indecent act in accordance with Section 278 in conjunction with Section 83 only.