Supreme Court of Appeals, 6th Criminal
Chamber: 6
Access Date: 2012
Case No.: 2010/2170
Decision No.: 2013/72
Source: UYAP
Relevant Articles: Articles 143 and 66 of the Turkish Penal Code.
Relevant Concepts: Article 143 – Statute of Limitations
TC
SUPREME
Criminal Chamber
IN THE NAME OF THE TURKISH NATION
COURT OF APPEALS
Case No.: 2010/2170 Corruption
Decision No.: 2013/72
Notification No.: 6-2007/120398
DECISION UNDER REVIEW;
Court: Bakırköy 1st Criminal Court of First Instance
Date: 12/13/2006
Case No.: 2005/1081 (E) and 2006/999 (K)
Defendant: Mehmet Metin NAZLICAN
Charge: Theft
Decision: Conviction
Appellant: The defendant’s defense
Ruling in the Decision: Reversal
.
An appeal was filed against the decision rendered by the Criminal Court of First Instance. The case file was reviewed, taking into account the nature of the appeal, the type and duration of the sentence, and the date the crime was committed:
Pursuant to Articles 493/1, 102/3, and 104/2 of Law No. 765, which correspond to the defendant’s act; and pursuant to Articles 142/1-b, 143/1, 53, 66/1-e, and 67/4 of Law No. 5237, which entered into force on June 1, 2005; as a result of the application of these provisions both individually and as a whole, Article 7/2 of the aforementioned law and Article 9/3 of Law No. 5252; in light of these provisions, the statute of limitations provisions of Law No. 5237 are in favor of the defendant, and the 12-year period from April 17, 2000, until the date of review of Articles 66/1-e and 67/4 of the same law is provided for in the provisions.
Pursu ant to Article 8/1 of Law No. 5320, since it was determined that the defendant Mehmet Metin Nazlıcan’s objection regarding his defense is consistent with the reasoning in the notification in this regard, the judgment was violated for the stated reason; however, the cause of the violation does not require a retrial. Pursuant to Article 322 of the Criminal Procedure Code No. 1412 and based on the authority arising from this provision, it was decided at the vote held on January 14, 2013, that the prosecution against the defendant be dismissed due to the statute of limitations.
Supreme Court Decision Regarding the Statute of Limitations Period in Criminal Law