EN SUPREME COURT
Criminal Department
Originally: 2015/7404
The Verdict: 2016/9043
Decision Date: 30.06.2016
THE CRIME OF OBJECTION TO THE LAW NO. 5607 – THE ANNOUNCEMENT OF SOME PARTS OF THE ARTICLE OF THE TURKISH PENAL CODE, WHICH ENTERED INTO FORCE BY BEING PUBLISHED IN THE OFFICIAL GAZETTE BY THE DECISION OF THE CONSTITUTIONAL COURT – OBJECTION TO THE RE-EVALUATION OF THE ARTICLE
SUMMARY:
With the decision of the Constitutional Court, which entered into force through publication in the Official Gazette, some articles of the Turkish Penal Code were annulled, and the obligation to re-evaluate this article required overturning.
(5237 SK Md. 43, 53)
Trial: By applying for an appeal against the decision of the local court; After the file was read taking into account the nature of the application, the type of punishment, the duration and the date of the crime, the necessity was discussed and decided on behalf of the Turkish Nation;
It has always been possible to make a decision on the goods subject to the case submitted to the Customs Administration on the spot.
Although a public lawsuit has been filed against the accused … numbered TC …, it appears that a correctable error was made in the decision due to the misspelling of his surname … and the place where he was registered to the population;
I . In the examination conducted in accordance with the defendant’s appeal request;
in the examination conducted on the conviction provision established for the crime of opposition to Law No. 1.5607;
article 53/4 of the Turkish Penal Code No. 5237. making a written decision about the defendant whose short-term imprisonment has been postponed in accordance with the article, without taking into account that the provision of the first paragraph of the said article will not be applied,
Since the defendants’ objections are unlawful and the defendant’s objections are considered on the spot for these reasons and this issue does not require a retrial, 322 of the Criminal Code No. 1412. in accordance with the article, correction and APPROVAL of the same provision,
in the examination conducted on the conviction provision established due to the crime of opposition to the Law No. 2.4733;
a. in the civil case filed on 10/01/2013 and 14/01/2013 according to Law No. 4733, the actions between which there is no legal deduction constitute a chain crime and the sentence to be given to the defendant is 43 of the Turkish Penal Code Dec. 5237. according to the article, it should be increased, punishment should be given separately for each action,
b. With the cancellation decision of the Constitutional Court dated 24/11/2015 and numbered 2014/140 and numbered 2015/85 published in the Official Gazette numbered 29542, due to the cancellation of some parts of Article 53 of the Turkish Penal Code numbered 5237, the obligation to re-evaluate the said article has arisen.,
321 of the CMUK No. 1412, which is in force in accordance with Article 8/1 of Law No. 5320, that the defendant’s objections to the application for appeal are valid in this regard. in accordance with the article, the sentence is PUNISHED TOO MUCH,
II. In the examination conducted on the defendant’s application for appeal … …;
in the examination conducted on the conviction provision established for the crime of opposition to Law No. 1.5607;
According to the review conducted in the Uyap records of lawsuits filed against defendants for similar actions, according to the main line 2014/29517 of our Department, the macarons subject to the lawsuit were registered in the file of the Criminal Court of First Instance no. 2013/208, decision no. 2013/341, the criminal complaint was filed on 07/03/2013 for a similar action dated 07/03/2013, taking into account that all the evidence was evaluated together, this is the subject of the appeal review of the said file.
The complaint was filed on 07/03/2013. The complaint was filed on 07/03/2013. complaint was filed on 07/03/2013. Dec. by combining with the file, the actions of the defendants are included in Article 43/1 of the TCK. it seems that it is not necessary to create a provision for the purpose of determining whether it remains within the scope of the article or not.
in the examination conducted on the conviction provision established due to the crime of opposition to the Law No. 2.4733;
a. In the public case filed on 10/03/2013 and 14/03/2013 for the crime of opposition to Law No. 4733, it was found that actions that are not interrupted by law constitute a chain crime and the sentence to be given to the defendant is 43 of the Turkish Penal Code No. 5237. according to the article, without taking into account that it should be increased, a separate written penalty should be given for each action,
b. With the cancellation decision of the Constitutional Court dated 24/11/2015 and numbered 2014/140 and numbered 2015/85 published in the Official Gazette numbered 29542, due to the cancellation of some parts of Article 53 of the Turkish Penal Code numbered 5237, the obligation to re-evaluate the said article has arisen.,
Other matters are not examined in accordance with Article 8/1 of the Law No. 5320 of the provision No. 321 of the CMUK No. 1412, which is in force. it was decided unanimously on 30.06.2016 that it should be overturned in accordance with the article.