14.Criminal Office 2018/2958 E., 2018/2138 K.
“legal text”
COURT OF CASSATION : Criminal Court of Cassation
CRIME : Intentionally wounding, depriving a person of his freedom, simple sexual abuse of a child in a way that impairs his physical or mental health
PUNISHMENT : Conviction
The provisions given by the court of first instance have been appealed and the file has been examined and deemed necessary:
In the examination of the established provision on the crime of intentionally injuring a child who has been dragged into a crime;
As emphasized in the Decision of the Criminal General Assembly of the Supreme Court of Appeals dated 21.06.2005 and numbered 61/82 adopted by our department, the legal regulation on the date of the sentence should be taken into account when determining whether the sentence is appellable, Law No. 6217, which entered into force on 14.04.2011,
26. provisional of article 2. provisional 2 added to the Law No. 5320 with its paragraph. in the article, the 8/1 provision of the Law No. 5320 mentioned above could not be appealed because it could not be appealed from the prison sentence, except for the result that the sentence was essentially dominated by a fine of 3,000 TL (including a fine of 3,000 TL), a judicial fine and a finalized amount of 1320 TL of the crime, which was directly discarded when certain qualifications were given. 317 of CMUK No. 1412. according to the article
RED
, An appeal review of the established provision regarding deprivation of liberty for a child who has been dragged into crime; to the crime
due to the commission of the verb against the victim child in the punishment of the dragged child, the increase to be made by half instead of one fold in accordance with Article 109/3-f of the Turkish Commercial Code 5237 is not effective for the punishment and again because the verb is performed for sexual purposes, the reason is incorrectly stated as “deterioration of mental health”, the reason for the violation was not shown and a correctable material error was accepted on the spot when the increase was made by betting.
Since the defense with the claims and evidence is examined and evaluated by taking into account the trial, concessions and exercises have been made in accordance with the elements of the accepted act, except for criticism, the appeals of the child who has been dragged into crime that are not seen in the place of the defense have been rejected and
APPROVED
A re-examination of the provision concerning a child who is driven to crime due to simple sexual abuse in a way that impairs the child’s physical or mental health;
Considering the statements of the victim at the … stages and the doctor’s report, the court’s acceptance of the nature of the action is in accordance with the scope of the file, the opinion requesting a violation in this regard is not included in the notification,
According to the content of the examined file, according to the opinion and discretion given by the court, which was created according to the results of the investigation and prosecution, the evidence collected and shown at the place of the decision, the rejection of other objections that were not evaluated on the spot according to the content of the examined file,
But;
after the establishment of provisions in Articles 58, 59, 60 and 61 of the Law No. 6545, which entered into force on 28.06.2014. articles 102, 103, 104 and 105 of the Law No. 5237. law No. 6763, which entered into force on 02.12.2016 with the crimes against sexual immunity contained in Articles 13. Article 103 of the Turkish Commercial Code.
In the face of the reorganization of Article 5237 of the Turkish Commercial Code, 7/2. article-paragraph “If the provisions of the law in force at the time of the commission of the crime and the laws that came into force later are different, the law in favor of the perpetrator is applied and the execution is carried out.” taking into account the provision,
the previous and subsequent provision in favor of both the provisions of the law applied to the results of the event determined by comparing them with each other, as well as the implementation of the law, in such a way as to allow the decision to be controlled in the re-evaluation, which requires a violation of
since the objections of the child defender who has been dragged into crime are considered to be in place as of this moment, the provision is 8/1 of Law No. 5320. according to Article 321 of the CMUK No. 1412. in accordance with the article, it was decided unanimously to cancel it on 22.03.2018.