TC
Supreme
14. CRIMINAL DEPARTMENT
E.2013/5363
K.2015/2314
T.2.3.2015
INSULT (Since It was Committed in Response to an Unjust Act, It Must Be Decided that There is No Place for Punishment.)
TORT (Since It is Committed in Response to a Wrongful Act, It Will Be Decided that There is No Place for Punishment.)
SIMPLE SEXUAL ASSAULT (There Is Animosity Between the Participating Defendant and the Alleged Defendant – There is No Conclusive and Convincing Evidence / It is Not Possible to Decriminalize the Defendant.)
THE ISSUE BETWEEN THE PARTICIPATING DEFENDANTS (Simple Sexual Assault / There is Animosity Between the Participating Defendant and the Participating Defendant whose Statement has Been Taken – A Decriminalization Decriminalization Decision Will be Made against the Accused.)
5237/m.102,125,129
SUMMARY: Since the insult was committed in response to an unfair act, it should be decided that there is no place for direct punishment by betting, first of all, after the establishment of the conviction provision, it should be decided that the application of this article is unlawful.
In the crime of simple sexual assault, if there is no evidence to leave no room for any definite, concrete and convincing doubt that the crime occurred, except for the statements of the aforementioned person who has enmity between the accused and the participating defendant, it should be decided to Decriminalize the participating defendant.
STATUS:
The provisions given by the local court have been appealed and the file has been examined and deemed necessary:
VERDICT : The defendant in the crimes of intentionally wounding and threatening is the defendant S., accused A. and I. on the other hand, in the examination of the provisions issued for the crimes of intentional wounding;
26 of the Law No. 6217, which entered into force on 14.4.2011. its substance. provisional 2 added to the Law No. 5320. material. According to the article, fines up to 3.000 TL (inclusive) given as a result, excluding those transferred from prison sentence, are final and the amount of punishment given to defendants participating in CMUKnin305/1 is 1412. Since it is not possible to object to the provisions finalized and specified in accordance with Article A, defendant A. 8/1 of the Law of the Russian Federation No. 5320 on objection to these provisions. its substance. Article 1412 CMUKnin317. Rejection in accordance with the Article,
During the examination of the judgment established in relation to the insult crime, the accused S.is:
Rejection of other objections that are not examined on site according to the content of the examined file, the opinion and discretion of the court established according to the results of the investigation and prosecution, the evidence collected and shown at the place of the decision, the content of the examined file,
But;
129/1 of the Law No. 5237. according to the article, there is no place for direct punishment by betting due to the commission of an insult in response to an unfair act, first of all, a conviction provision should be established, and then it should be decided to apply this article,
The defendant is defendant A., in the appeal review of the simple criminal case for sexual assault;
A, in terms of the occurrence and scope of the entire file, there is enmity between them. Dec. and s. with Dec. in the absence of any conclusive, concrete and convincing evidence between them, in such a way as to leave no room for doubt that a crime has been committed, A. In the absence of any conclusive, concrete and convincing evidence, a. In the absence of any Decriminalization, a.except for the declarations of the person regarding the decision on the conviction of the person in writing instead of the acquittal,
CONCLUSION : Contrary to the law, the Public Prosecutor and the defendant A.since it is accepted that the appeals of the are in place as of this moment, it is 8/1 of the Law No. 5320. the provision of Article 321 of the CMUK. in accordance with the article, it was decided unanimously on 02.03.2015 to cancel and refund the appeal fee if requested.