Supreme Court of Appeals, 5th Criminal Chamber
Case No.: 2014/6241
Decision No.: 2014/8962
The defendant C… was sentenced to 10 months imprisonment and 5 years 2 months 15 days imprisonment pursuant to Articles 250/1, 43, 220/2, and 62 of the Turkish Criminal Code No. 5237 for the crimes of membership in a criminal organization established through a system of obtaining benefits, establishing relationships, and receiving assistance in a chain-like manner.
Pursuant to Article 1 of the Edirne Agreement, which imposes a sentence of 10 months imprisonment and 5 years, 2 months, and 15 days imprisonment, Pursuant to the decision of the Criminal General Assembly of the Court of Cassation dated 24/05/2006 and numbered 2006/1111, the decision of the 5th Heavy Penal Court dated 26/12/2006 and numbered 2006/9880; the decision numbered 2006/10661; the decision of the defendant’s attorney dated 15/01/ 2014 and numbered 2006/111; Decision No. 2006/198; Decision No. 2014/109 of the Edirne Criminal Court dated 07/02/2014 and numbered 2014/109, rejecting the defendant’s counsel’s objection to the annexation decision in the same manner;
The scope of the file includes the request for retrial made by the defendant’s attorney on 09/01/2014 with various annotations, and the defendant’s conviction as seen in the images on the CD and the forensic expert opinions in the video most likely presented by the defendant regarding the defendant by the Crime Investigation Bureau on 25/02/ 2013 pursuant to Article 309 of the Criminal Procedure Code No. 5271, and that the appeal against this decision was rejected without any legal justification, instead of being accepted, without clearly stating which evidence was sufficient for the defendant’s conviction.
According to the article, the Ministry of Justice’s General Directorate of Criminal Affairs, in the case brought by the High Court and the Chief Public Prosecutor’s Office, ruled that there were procedural irregularities in case no. 94660652-105-22-3525-2014-8856 dated 05/05/2014/30082 and case no. 94660652 -105-22-3525-2014-8856, on the grounds that a document that was contrary to procedure and substance was submitted even though it had been drawn up in accordance with procedure, a decision to overturn the case in the interest of the law was issued.
The person shown in the camera footage committing criminal acts, C…, was most likely convicted based on a report issued by the National Crime Bureau for the retrial, and these images were presented at the hearing on 18/04/2006, where the defendant admitted to committing the crimes and acknowledged that he was the person in the footage. furthermore, the National Crime Bureau reports dated 25/02/2013 and 06/06/2013 indicate when and by whom they were prepared, and during the processing of the photographs used in the comparisons, whether they belong to the person and whether the comparison is appropriate,
whether the defendant’s criminal history was reliably and dispassionately identified in the image, whether it could vary or be altered depending on the time of intervention or physical appearance of the person, and that the reports obtained under these conditions and found to lack credibility cannot be accepted as grounds for retrial, there is no legal violation in rejecting the convicted person’s defense request in this regard, and the request to remedy the legal violation is unfounded for the reasons explained, The Edirne 2nd Heavy Penal Court’s Decision on Different Matters dated 07/02/2014 and numbered 2014/109 rejected the request for the elimination of the legal violation in its decision dated 07/02/2014, it was unanimously decided to send the file to the C. Regional Court of Appeal dated 24/09/2014 and numbered 2014/109.