EN SUPREME COURT
Criminal Department
Based on: 2013/28250
The Verdict: 2016/5651
Decision Date: 29.06.2016
THE CRIME OF LOSS OF TRUST DUE TO SERVICE – The crime of tort No. 5237 of the Turkish Penal Code 150. not taking into account that it should be evaluated within the scope of the article
SUMMARY:
The tort of the defendant who trades real estate and has no negativity in his criminal record is that he acted together with his close friend, who is the other defendant he will receive from the victim on the day of the incident, the tort that constitutes a crime is in the Turkish Penal Code No. 5237 … the fact that it should be evaluated within the scope of the article was not taken into account as a reason for cancellation.
(5237 SK Md. 53, 150) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)
Case and Decision: By going to the appeal against the decision made by the Local Court, the file was discussed taking into account the nature of the application, the type of punishment, the duration and the date of the crime:
I) Freedom-binding punishment for the accused … and …; As for the examination of objections made against the provisions on the regulation of the crime of abuse of trust due to service;
Considering the contents of the file and the minutes of the hearing, the legally valid and valid evidence collected and discussed at the place of decision, the justification and discretion of the Board of Judges; since there is no violation of the procedure and the law in admitting and qualifying that the crimes were committed by the defendants, other appeals were not considered on the spot.
But;
Until the execution of their sentences is completed, the defendants are deprived of the rights written in Article 53/1-abcde of the Turkish Penal Code, but they are deprived of the rights written in Article 53/3 of the Turkish Penal Code. If they are released on probation in accordance with this article, even if it has been decided to terminate their deprivation of the rights written in Article 53/1-c of the Turkish Penal Code on their subordinates; with the Decision of the Constitutional Court dated 08.10.2015, dated 2014/140-2015/85, published in the Official Gazette dated 24.11.2015 and entered into force on the same date, the phrase “election, election and “exercise of other political rights” written in Article 53/1-b of the Turkish Penal Code has been canceled,
Since the objections of the defendants …, … and … their defense in this regard were considered on the spot, they were FINED IN EXCESS of the PROVISION contrary to the request and contrary to Section 8/1 of Law No. 5320, contrary to the reasons explained. Based on the authority granted by Article 322 of the Criminal Code No. 1412, the section on the application of Article 53 of the Turkish Penal Code was removed from the criminal decision and replaced with, “As a legal result of criminal convictions of defendants for crimes they intentionally committed, Article 53/1 of the Turkish Penal Code.
article;
(a, c, d and e) and deprivation of the exercise of election, election and other political rights written in subparagraphs (b)” phrase; article 53/2 of the same Law in terms of the application of subparagraphs (a, c, d and e) of Article 53/1 and voting and other political rights written in subparagraph (b) of the same article 3. in accordance with paragraph (c), in terms of the custody, guardianship and custody rights over their subordinates written in subparagraph, they are unable to exercise their guardianship powers until they are conditionally released from the prison sentence they have been sentenced to, other aspects of which are considered in accordance with the procedure and the law, correction and APPROVAL of the sentence,
II) As for the examination of the objections made against the provisions established for the crime of looting against the defendants;
Other objections were not considered on the spot.
But;
Ignoring the fact that the wrongful act of the defendant who is engaged in real estate trading, who does not have a negative criminal record, acted together with his close friend, who is the other defendant he will receive from the victim on the day of the incident, and should be evaluated within the scope of Article 150/1 of the TCK No. 5237,
Conclusion: Due to the fact that the appeals of the defendant’s defense were considered on the spot, it was decided unanimously on 29.06.2016 to overturn the verdict for the reasons explained.