Supreme Court, 6th Criminal
Chamber: 6
Date of Access: 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
Notice 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
Judgment: Conviction
Appeal Filed By: The defendant’s defense
Opinion in the Ruling: Reversal
An appeal was filed against the decision rendered by the Local Court; the case 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, and correspond to the same offense; as a result of the application of the aforementioned provisions separately 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 provisions of Law No. 5237 regarding the statute of limitations 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.
Pursua nt to Article 8/1 of Law No. 5320, since the defendant Mehmet Metin Nazlıcan’s objection to the defense and the reasoning in the notice are found to align in this regard, the judgment has been violated for the stated reason; however, the cause of the violation does not necessitate a retrial. Pursuant to Article 322 of the Code of Criminal Procedure No. 1412, and relying on the authority granted by this provision, it was decided in the vote held on January 14, 2013, to dismiss the public prosecution against the defendant due to the statute of limitations.