EN SUPREME COURT
Criminal Department
Originally: 2015/4741
The Verdict: 2016/5636
Decision Date: 30.06.2016
THE CRIME OF THREATENING WITH A WEAPON – BY THE DECISION OF THE CONSTITUTIONAL COURT, THE PRESENTATION OF ELECTORAL AND OTHER POLITICAL RIGHTS WRITTEN IN THE ARTICLE OF THE TURKISH PENAL CODE HAS BEEN CANCELED AND THE SENTENCE HAS BEEN APPROVED
ABSTRACT:
By the decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140-2015/85, the phrase “to elect, to be elected and to exercise other political rights” contained in Article 53/1-b of the Turkish Penal Code was canceled and requested to be corrected.
(5237 SK Md. 53) (5320 SK Md. 8) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)
Case and Decision: By filing an appeal against the judgment given by the Local Court; Court of Cassation 17. With the decision of dismissal of the Criminal Department dated 20/05/2015, the examination of the file was carried out taking into account the nature of the application, the type of punishment, the duration and the date of the crime:
I- In the examination of the provisions established about the defendants due to acts of intentionally injuring the victim … and …;
The amount of directly determined judicial fines is in force on the date of the judgment and is a temporary 2 added by Law No. 6217 to the Law on the Entry into Force and Application of the Criminal Procedure Code, which entered into force on 14.04.2011. it has been finalized in accordance with the article and it is attached to the provision that the defendants cannot file an appeal. … the defense’s appeal request is 8/1 of law No. 5320. it is located in the article. 317 of CMUK No. 1412. in accordance with the article, it was REJECTED in accordance with the request, by sending the letter,
II- In the examination of the sentence established for the crime of threatening with a weapon;
Since the contents of the file and the minutes of the hearing, the legally appropriate and valid evidence collected and discussed at the place of decision, the justification and discretion of the Board of Judges are taken into account, it is understood that there is no violation of the procedure and the law in the acceptance and confirmation that the crime was committed by the defendants;
But;
Until the execution of the prison sentence is completed, the accused is deprived of exercising the rights written in Article 53/1-abcde of the Turkish Penal Code, but article 53/3 of the Turkish Penal Code. In case of conditional release according to Article 53/1-c of the Turkish Penal Code, even if it has been decided to end the deprivation of the rights enumerated in Article 53/1-c of the Turkish Penal Code on his subordinate; by the decision of the Constitutional Court dated 08.10.2015 and numbered 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 “use of other political rights” in article 53/1-b of the Turkish Penal Code has been canceled,
Conclusion:
The defendant’s defense’s objections required to be overturned because they were considered on the spot in this regard, and contrary to the explained justification, he was fined MORE than in accordance with Article 8/1 of Law No. 5320 because the reason for the violation did not require a retrial. 322 of the Criminal Procedure Code No. 1412. based on the authority granted by Article 53 of the TCK. the section on the implementation of the article has been removed from the penalty and the following section has been replaced: . (a, c, d and e) and (b) to be deprived of the right to elect, be elected and exercise other political rights written in subparagr
pConclusion: The defendant’s defense’s objections required to be overturned because they were considered on the spot in this regard, and contrary to the explained justification, he was fined MORE than in accordance with Article 8/1 of Law No. 5320 because the reason for the violation did not require a retrial. 322 of the Criminal Procedure Code No. 1412. based on the authority granted by Article 53 of the TCK. the section on the implementation of the article has been removed f016.