TURKISH REPUBLIC SUPREME COURT
12th Criminal Chamber
Case No.: 2011/1301
Decision No.: 2011/4822
Date of Decision: November 14, 2011
THE CRIME OF INTENTIONALLY CAUSING DEATH – OBJECTION TO THE PROSECUTOR’S DECISION – POSTPONEMENT OF THE EXECUTION OF THE APPLICATION – A REQUEST FOR POSTPONEMENT OF EXECUTION DOES NOT CONSTITUTE A CIRCUMSTANCE THAT JUSTIFIES A DELAY IN THE RENDERING OF THE JUDGMENT.
Summary:
The convicted person’s defense, citing the educational status of the convicted person’s children and arguing that this would cause serious harm to the convicted person’s family, requested a six-month postponement of the prison sentence; this request was rejected by the prosecutor’s office. The request for postponement of execution does not constitute a circumstance that would cause a delay in the calculation of the sentence to be imposed, and pursuant to Article 98 of Law No. 5275, it is understood that the court specified in the relevant provision is not required to issue a decision.
(Criminal Code Art. 22, 85) (Law on the Execution of Sentences Art. 17, 98)
Pursuant to Article 17/1 of Law No. 5275, Kadıköy, who was sentenced to 2 years and 6 months in prison and executed by deliberate execution, filed an objection against the public prosecutor’s decision to reject the request for a stay of execution; however, since the objection does not concern the decision made by the execution prosecutor, it is not admissible. Kadıköy issued a different decision regarding the rejection of the appeal filed by the First Instance Criminal Court against the decisions dated 11/04/2010 and numbered 2010/209. Regarding the decision of the High Criminal Court dated 12/14/2010 and numbered 2010/1391:
Under Law No. 5275, in interpreting the provision regarding the suspension of a convicted person’s sentence, regardless of whether the sentence has been partially or fully served, the provisions in the law that favor the convict and require the court to decide whether the sentence should be carried out or suspended are inconsistent with Article 98/1. Pur suant to Article 17 of the same Code, in Article 98, which permits the serving of prison sentences of three years or less, the rejection by prosecutors of requests for the postponement of execution results in the postponement of the execution of these prison sentences.
Pursuant to Article 309 of the Criminal Procedure Code No. 5271, since it is understood that the court should have issued a decision to dismiss the request for postponement rather than accepting an appeal against the decision rejecting the written request, the prosecution cannot appeal the decisions regarding such requests for postponement. Pursuant to the Ministry of Justice’s decision dated May 28, 2011, No. 2011/30605, regarding the request for a ruling on the violation of the law, and the Prosecutor’s Office’s case file dated June 29, 2011, No. 215518;
The file was reviewed and deemed necessary:
The Kadıköy Chief Public Prosecutor’s Office’s request dated October 21, 2010, for a six-month postponement of execution was rejected, as the request for postponement of execution does not constitute a reason for delay in calculating the sentence to be imposed, and Article 98 of Law No. 5275 Law, the court referred to in Law No. 5275 did not require a decision; therefore, the decision rejecting the request to overturn the law, which was deemed unfounded, was unanimously communicated to the Chief Prosecutor’s Office on November 14, 2011, for the file to be requested.