T.C.
SUPREME
6. Criminal Department Main Number: 2018/905
Decision No :2018/1539
Decision Date : 28.02.2018
CRIME OF MIXING MISCHIEF WITH THE TENDER – THE ACCUSED’S CRIMINAL ORGANIZATION
FOUNDER, MANAGER AND MEMBER, OR ON BEHALF OF THE ORGANIZATION
A PERSON WHO COMMITS A CRIME TOGETHER WITH OTHERS OR ALONE
IS NOT IN POSITION – THE APPLICATION OF REPETITIVE PROVISIONS
THE NEED TO OBSERVE THAT THERE IS NO PLACE
SUMMARY: The accused is not the founder, director and member of the criminal organization, together with others on behalf of the organization
or that he is not in the position of a person who commits a crime alone, in a concrete case, knowingly and
he is in the position of a person who willingly helps, and therefore in accordance with the provisions of repetition about
it is necessary to accept that it is not possible to implement the application.
(5237 Pp. K. m. 6, 58, 220, 235)
Article 235/2-d of the Turkish Penal Code No. 5237 on the charge of mixing mischief with the tender about the accused
by 235/1, 62/1, 53/1, 58/9. imprisonment for 4 years and 2 months in accordance with articles; for the purpose of committing a crime
220/7 of the same Law for the crime of knowingly and willingly helping the established organization. article
sent by 220/2, 220/3, 62/1, 53/1, 58/9. 1 year and 15 days imprisonment in accordance with the articles
it is decreed.
Upon the appeal of the verdict by the defendant and your defense within the legal period, our Department
it has been decided to approve it.
07/02/2018 day and KD2018 / 5239 of the Chief Public Prosecutor’s Office of the Court of Cassation against the aforementioned decision of our department
upon applying for the legal way of objection with the numbered articles, the file is sent to our Department
it was sent and read and thought necessary;
ON BEHALF OF THE TURKISH NATION
CMK No. 5271, Law No. 6352 99. changed by article 308. made in accordance with the article
in review;
The accused … has no criminal record in the criminal record that constitutes a repeating basis.
According to Article 6/1-j of the Turkish Penal Code No. 5237 entitled “Definitions”, the criminal statement of a member of an organization means; a crime
the person who establishes, manages, participates in the organization or, on behalf of the organization, together with others or alone, commits a crime
the person who works is understandable.
The said defendant is not the founder, director and member of the criminal organization, together with others on behalf of the organization
or that he is not in the position of a person who commits a crime alone, in a concrete case, knowingly and
he is in the position of a person who willingly helps, and therefore he is in the position of 58/9 of the Turkish Penal Code No. 5237.
it has been assessed that it is not possible to implement the application in accordance with the article.
In these circumstances,;
1) ACCEPTANCE of the objection of the Chief Public Prosecutor of the Supreme Court,
2) Supreme Court 6. In the decision of the Criminal Department dated 11/10/2017 and numbered 2017/2064 on the Basis, 2017/3376 Decision,
the accused … knowingly participated in an organization established for the purpose of mixing mischief with the tender and committing a crime, and
the abolition of the “approval” decision on the provision established for the crimes of willingly helping;
in line with the reason for the objection to the DETERIORATION, the reason for the deterioration to be re-trial
since it does not require it, 8/1 of Law No. 5320. article 322 of the CMUK No. 1412.
based on the authority given by the article, the provision of the Turkish Penal Code No. 5237 on the defendant named in the judgment
58/9. by removing the sections on the application of the article, other aspects of the procedure and the law
it was unanimously decided to correct and APPROVE the appropriate provision on 28.02.2018.
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