Criminal Division
Case No.: 2020/4563
Decision No.: 2020/8694
“Judgment Text”
COURT: First Instance Criminal Court
CRIME: Intentional Assault
JURISDICTION: Conviction
Upon reviewing the document and appealing the decision rendered by the local court;
the following matters have been discussed and evaluated:
1) Since it was established that the complainant and the defendant divorced on March 11, 2015, and were not legally married at the time of the offense, the defendant’s act was deemed to be intentional harm against a spouse, and an additional penalty was imposed on the defendant pursuant to Article 86/3-a of the Turkish Penal Code No. 5237,
2) Since the defendant committed the act using an instrument deemed a weapon, Article 86/2 of the Turkish Penal Code was applied in accordance with Article 6/1-f-4 of the Turkish Penal Code. The failure to consider that the base sentence to be determined under Article 86/3-e should be increased by half due to the use of a weapon in the incident necessitated the
and since the defendant’s objections on this matter were deemed valid, for these reasons, a judgment was rendered pursuant to Article 8/1 of Law No. 5320, as amended by Article 33 of Law No. 6723. On July 6, 2020, it was unanimously decided to take into account the defendant’s acquired right pursuant to Article 321 of Law No. 1412, and this decision is in effect together with Article 326 of the Law.