T.C.
SUPREME
2. Criminal Department
Main Number : 2011/6659
Decision No :2012/45024
Decision Date : 05.11.2012
OFFENSE OF INSULTING OFFICIAL OFFICIALS – FROM OPTIONAL PUNISHMENTS
MANDATORY DUE TO RECURRENCE OF SHORT-TERM IMPRISONMENT
AS IT WAS RULED – THE JUDICIAL MONEY OF A SHORT-TERM PRISON SENTENCE
IT IS DECIDED THAT THERE IS NO PLACE FOR THE TRANSFER OF PUNISHMENT
LACK OF ACCURACY
SUMMARY: In the concrete case, from optional sentences to short-term imprisonment is mandatory due to repetition
since it is ruled as such, this penalty is a judicial fine when there are other conditions required by law, or
although there is no legal obstacle to converting to one of the measures, there is a legal obstacle
by stating that the short-term prison sentence assigned without evaluating this situation, the judicial fine
it is unfair to decide that there is no room for translation.
(5237 Pp. K. m. 50, 58)
Case: The file was examined and considered as necessary:
Decision: TCK No. 5237. nun 58.article 3.in paragraph 50 of the same Law.of its substance
2.in the paragraph, it is arranged. When these regulations are evaluated together; about the defendant
one of the sanctions envisaged as an option in the article applied due to the fact that it is repetitive is the judge’s
in the face of the fact that he was sentenced to mandatory imprisonment because he did not have the right to choose, this
50/1 of the same Law in case of punishment, circumstances.the option written in the article
there is no legal obstacle to its translation into one of the sanctions.
But;
TCK No. 5237. nun 50/2.according to the article, in the applied article, imprisonment and judicial fine
to be foreseen as an option and to prefer imprisonment without obligation by the court
in this case, the prison sentence will no longer be converted into a judicial fine.
For the reasons explained, in the concrete case, it repeats from optional sentences to short-term imprisonment
due to the fact that it is ruled mandatory, when there are other conditions for this punishment that are sought in the law
although there is no legal obstacle to the transfer of a judicial fine or one of the measures, the legal obstacle
it is stated that the short-term prison sentence assigned without evaluating this situation, judicial money
it is decided that there is no place for the transfer of punishment,
Conclusion: It required an annulment, since the defendant’s appeals were considered on the spot in this respect, the verdict
for these reasons, it was decided unanimously on the day of 05.11.2012 to break down as requested
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