EN SUPREME COURT
The Criminal Department is Mainly
: 2016/3811
The Verdict: 2016/5600
Decision Date: 29.06.2016
LOADING – THE CRIME IS A CRIME AGAINST THE STATE – IMPOSSIBILITY OF ESTABLISHING THREE SEPARATE CRIMINAL PROVISIONS IF THE CRIME IS COMMITTED MORE THAN ONCE – THERE IS A PROVISION
SUMMARY: Since the legal benefit protected in the crime of laundering the assets values arising from the crime is the public, economic and political structure of the country, the crime is a crime committed against the State, and if the crime is committed more than once, it is 43/1 of the Turkish Penal Code No. 5237. the article will be applied. Without taking into account the obligation to apply the article, the determination of three separate convictions required overturning.
(5237 SK Md. 37, 39, 53, 228)
Case and Decision: The verdict given by the Local Court has been appealed by the defendants and … their defense has been appealed on a trial basis;
Since it was understood that the defendants and their defense attorneys did not come to the hearing without a valid excuse, despite the fact that the trial date was duly notified to them, as a result of the examination conducted without a hearing about the said defendants, the file was discussed taking into account the nature of the application, the type of punishment, the duration and the date of the crime;
I- convictions of defendants … and … for looting against the complainant; convictions of defendants …, …, … for attempted looting against the complainant …; convictions of defendants …, … and … for looting against the complainant …; convictions of defendant … for threatening the victim; convictions of defendants … and … for damaging property against the complainant …; convictions of defendant … and … for threatening the victim; convictions of defendant … for a sentence binding freedom against the victim …;
convictions of defendant … for forgery in an official document; the convictions of the defendants for providing places and facilities for gambling; for the defendants … for the crime of forming an organization for the purpose of committing a crime, for the crime of being a member of an organization established for the purpose of committing a crime, for the crime of being a member of an organization established for the purpose of committing a crime, for the crime of being a member of an organization established for the purpose of committing a crime, for the crime of …
228/1 of the Turkish Penal Code No. 5237. the establishment of a verdict without taking into account that the article provides for a fine as well as a prison sentence; … as for the accused who directly participated in the crime of looting against him, 39 of the same Law. since there is no appeal against the article instead, the reason for the violation has not been formed.
Considering the contents of the file, the legally valid and valid evidence collected and discussed at the place of decision, the justification and the discretion of the Board of Judges, other appeals were not considered in place, since there was no violation of procedure and law in the acceptance and recommendation that the crimes were committed by the defendants.
But;
Defendants have been deprived of exercising their written rights under Article 53/1-abcde of the Turkish Penal Code until the execution of their prison sentences is completed; however, even if it has been decided to end their deprivation of exercising their written rights under Article 53/3 of the Turkish Penal Code on their subordinates, if they are released on probation in accordance with Article 53/1-c of the Turkish Penal Code, if; By the decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140-2015/85, published in the Official Gazette dated 24.11.2015 and entered into force on the same date, the phrase “election, election and “exercise of other political rights” in Article 53/1-b of the Turkish Penal Code has been canceled,
The Defendants …, …, …, …, …, … and since the objections of the defendants …, … and … are considered on the spot in this respect, for the reason explained in accordance with the communique and because the reason for cancellation does not require a retrial, 5320. 8/1 of the Law. he was FINED TOO MUCH according to the article. 322 of the Criminal Code No. 1412. based on the authority granted by Article 53 of the TCK.
the section on the application of the article was removed from the sentence and replaced with, “As a legal result of the criminal convictions of the defendants for the crime they intentionally committed, Article 53/1 of the Turkish Penal Code. deprivation of the exercise of election, election and other political rights written in subparagraphs (a, c, d and e) and subparagraph (b) of the same Article; 53/2 of the same Law. the matter has been adjudicated. 53/1. in terms of the implementation of the article. In accordance with the paragraphs of
Article (a, c, d and e) and the election and other political rights written in subparagraph (b), as well as those written in subparagraph (c) of the same article, have custody, guardianship and trusteeship powers over their children until they are sentenced to probation. Other aspects of the provision, which is found to be in accordance with the procedure and the law, should be APPROVED AND CORRECTED by writing the sentence “they cannot use the values of their assets”,
II- About the accused …, …, the victim … and … about the accused … and … who filed a complaint … about the accused …, …, … and … about the accused …, …, … and … as for the examination of convictions for laundering asset values arising from the crime committed against the complainant …;
Other objections were not considered on the spot.
But;
1- Concealing the illegitimate source of asset values obtained from crime,
The financial benefits obtained as a result of the commission of the crime or forming the subject of the crime or provided for the commission of the crime, as well as the economic gains resulting from their evaluation or conversion, may be confiscated or returned to the victim of the crime without explaining what transactions they are subject to in terms of obtaining them legitimately and without showing the relevant transactions. Establishment of a judgment with incomplete examination without investigating whether the actions taken are justified or not,
2-According to its acceptance, since the legal benefit protected in the crime of laundering assets values arising from a crime is the public, economic and political structure of the country, the crime is a crime committed against the State, and if the crime is committed more than once, it is 43/1 of the Turkish Penal Code No. 5237. the provision of the article is applied. Establishment of three separate convictions without taking into account the obligation to apply the article,
For the reasons explained, it was unanimously decided on 29.06.2016 that the verdict was OVERTURNED due to the fact that the objections of the defendant …, …, …, … and the defendant … and … were considered on the spot.