Be Careful While Eating Pear: It Was Mistaken for a Weapon
The Supreme Court, in a road rage incident, classified one of the parties throwing a pear at the driver as an "attempted intentional injury with a weapon," considering the fruit as a weapon.
In the incident that occurred in 2021, Ferhat Arslantaş, who was going to visit his family in Antalya, stopped to drop off his friend and turned on his hazard lights. When a car approaching from behind repeatedly honked, Arslantaş quickly drove off after dropping his friend. When the driver continued harassing him, Arslantaş stopped and signaled to pull over.
At this point, İsa Ak, who was driving a vehicle with his wife, got out and opened Arslantaş's door, shouting, "Aren’t you ashamed to make a hand gesture to a woman?" and attempted to assault him. After Arslantaş pulled back, Ak threw a pear at him. Following this, Arslantaş filed a complaint against İsa Ak.
LOCAL COURT RULED ACQUITTAL
In the investigation initiated by the Antalya Chief Public Prosecutor's Office, the Prosecutor requested the conviction of İsa Ak for the crime of "attempted intentional injury with a weapon." İsa Ak denied the accusations, and the Antalya 3rd Criminal Court of First Instance ruled in favor of acquittal.
Arslantaş’s lawyer took the case to the appellate court. The Antalya Regional Court of Appeals, 4th Criminal Division, overturned the local court's decision and requested that İsa Ak be sentenced for "attempted intentional injury."
The court noted that the incident occurred under unjust provocation and decided that a reduction in sentencing should apply, converting the penalty to a 5,250 TL judicial fine.
THE "PEAR" BECAME A WEAPON
This case was later appealed to the Supreme Court by the defendant’s lawyer. The Supreme Court's 1st Criminal Division completed its review of the case. It emphasized that items used in an attack or for defense, even if not originally intended to be used as weapons, would be considered as such. In this case, the pear was recognized as a weapon.
