Criminal Division 2020/3236 E., 2021/9523 K.
“Text of Justice”
COURT: Criminal Division
CRIMES: Intentional homicide, threatening with a weapon, damaging property, concealing evidence of a crime, aiding intentional homicide
RULINGS: 1) With the decision of the Uşak 1st Heavy Criminal Court dated 10/09/2019 and numbered 2018/336 K., 2019/282;
Regarding the defendants…;
a) Life imprisonment pursuant to Article 81/1 of the Turkish Criminal Code No. 5237, relating to the crime of intentional homicide,
b) Two years’ imprisonment pursuant to Article 106/2-a of the Turkish Criminal Code No. 5237 for the crime of threatening with a weapon against …,
c) Imposing a sentence of 4 months’ imprisonment for the crime of damaging property against … pursuant to Article 151/1 of the Turkish Criminal Code No. 5237,
Regarding the defendant…;
a) Pursuant to Article 281/1 of the Turkish Criminal Code No. 5237, for the crime of concealing evidence of a crime. Pursuant to the article, he shall be sentenced to 2 years and 6 months imprisonment,
b) Pursuant to Article 223/2-e of the Turkish Criminal Procedure Code No. 5271, for the crime of aiding and abetting intentional killing, he shall be acquitted,
Regarding the defendant…;
Pursuant to Article 281/1 of the Turkish Criminal Code No. 5237, for the crime of concealing evidence of a crime. Pursuant to the article, he is sentenced to 2 years and 6 months imprisonment,
2) Regarding the dismissal of the appeals on the merits… Regional Court of Justice 1st Criminal Chamber Decision No. 2020/260 dated 28/02/2020 and numbered 2020/300
IN THE NAME OF THE TURKISH NATION
… It has been understood that the decision of the 1st Criminal Chamber of the Regional Court of Justice dated 28/02/2020 and numbered 2020/300, Decision Number 2020/260, was appealed by the defendant’s attorney and the participant’s attorney within the period specified in Article 291 of the Criminal Procedure Code numbered 5271.
. The case file was reviewed and discussed, and a decision was reached:
The defense counsel’s request for a hearing was rejected in accordance with Article 100 of Decree Law No. 696 and Article 299 of the Criminal Procedure Code No. 5271, as amended by Article 94 of Law No. 7079, and it was deemed appropriate to review the case file.
1) In the appeal review filed by the defendant’s counsel against the convictions handed down to the defendants for the crimes of threatening with a weapon and damaging property:
1) In the appeal review filed by the defendant’s defense counsel against the convictions handed down against the defendants for the crimes of threatening with a weapon and damaging property;
Taking into account the amount and type of penalties imposed on the defendants, pursuant to Article 286/2-a of the Criminal Procedure Code No. 5271, the regional court of appeal decided to reject the appeal on its merits, as the appeal concerned a prison sentence of five years or less, regardless of the amount, imposed by the courts of first instance.
Since there is no avenue for appeal against the defendant’s decisions, the defendant’s appeal request has been REJECTED pursuant to Article 298/1 of the Criminal Procedure Code No. 5271. Pursuant to the article, the request,
2) In the examination of the grounds for appeal of the defense counsel who participated in the conviction of the defendants for the crimes of threatening with a weapon and damaging property;
Upon understanding that the defense counsel’s appeal request was related to the nature of the crime, the review conducted revealed that…
Regional Court of Justice 1st Criminal Chamber’s Decision No. 2020/300 dated 28/02/2020 No. 2020/260 “Rejection of appeals on their merits” was not found to be incorrect, the participating lawyer, pursuant to Article 302/1 of the Criminal Procedure Code No. 5271, rejected the unfounded grounds for objection that the act constituted attempted murder and, in accordance with the article,
APPROVED THE RULINGS ON THE REJECTION OF THE APPEAL ON ITS MERITS.
3) In the examination of the grounds for appeal by the defendant’s counsel and the participating counsel regarding the defendant’s conviction for intentional murder, the defendant’s conviction for concealing evidence … and …, the defendant’s acquittal for intentionally aiding and abetting murder …; Upon examination
, it was understood that the appeal request of the co-defendant for the crime of concealing evidence related to the nature of the crime;
… Since there is no inaccuracy in the decision of the Regional Court of Appeal, 1st Criminal Chamber, dated 28/02/2020 and numbered 2020/300, 2020/260, “rejecting the appeals on their merits,” the defendant’s attorney; that the investigation was incomplete, that the decision was made without an investigation, that the act was within the bounds of legitimate self-defense, that the defendant did not have the intent to kill, that a reduction for unjust provocation should be applied, that Article 62 of the Turkish Criminal Code was applied without a valid reason, that the crime of murder was premeditated in accordance with Article 302/1 of the Criminal Procedure Code No. 5271, that the defendants Ramazan and Necip also participated in the crime of murder, and that the attorney’s fees were insufficiently determined.
In accordance with the relevant article, the court accepted the rulings that were partially contrary to the request and dismissed the appeals on their merits. The defendant’s attorney’s request for release was REJECTED, taking into account the amount of the sentence imposed and the period of detention.
Pursuant to Article 304/1 of the Criminal Procedure Code No. 5271, in accordance with Article 8 of Law No. 7165, which entered into force after the publication of the file in the Official Gazette on 28.02.2019, A copy of the Supreme Court decision was sent to the Uşak 1st Heavy Penal Court, a copy of the Supreme Court decision was sent to the Regional Court of Appeal 1st Criminal Chamber, and a copy was sent to the Supreme Court Chief Public Prosecutor’s Office on June 1, 2021, by unanimous decision.