T.C. SUPREME
3.Criminal Department
Basis: 2016/2558
Verdict: 2016/18224
Decision Date: 26.10.2016
CRIME OF WOUNDING – JUDICIAL FINE IF THE OPTION SANCTION IS NOT FULFILLED, THE PART OF THE JUDICIAL FINE THAT IS NOT PAID WILL BE TRANSFERRED TO PRISON BY THE DECISION OF THE PUBLIC PROSECUTOR
SUMMARY: the public prosecutor of criminal sanctions of fines in case the option is not fulfilled by the decision of the unpaid portion of the fine legal proportion to the amount of days that correspond to two hours a day for the prisoner in jail that will be employed in useful work, it must be observed that will be given to the public.
(5237 Pp. K. m. 50, 53, 86) (5275 Pp. K. m. 106) (ANY. MAH. 08.10.2015 t. E. 2014/140 2015/85 K.)
The provisions given by the local court on corruption are appealed and the documents are read;
Discussed and considered as necessary;
1- In the examination of the appeals against the conviction of the accused on the charge of intentional wounding against the participant …;
The decision of the Constitutional Court dated 24.11.2015 and numbered 29542 and dated 08.10.2015 and numbered 2014/140-2015/85, which entered into force through publication in the Official Gazette numbered 5237 and numbered 53 of the Turkish Penal Code. although some provisions in the article have been canceled, the reason for the cancellation has not been made, since this issue can be taken into account at the execution stage.
According to the trial, the evidence collected and explained at the place of decision, the belief and discretion of the Court formed as a result of the prosecution, the grounds and practice shown, the rejection of the defendant’s appeals and the APPROVAL of the verdict as a request,
2- In the examination of the appeals against the conviction of the accused on the charge of intentionally wounding the participant …;
Rejection of other appeals that are not considered on the spot, but;
81 of the Law numbered 6545, which was published in the Official Gazette on 28.06.2014 and entered into force. article 106/3 of the Law No. 5275. in the article; “If the convict does not pay the judicial fine within a certain period of time upon the pay order notified, the amount of the day corresponding to the unpaid part is converted into a prison sentence by the decision of the public prosecutor, and it is decided that the convict will be employed in a job useful to the public for one day paid for two hours of work. The daily working time is determined by the probation directorate to be at least two hours and a maximum of eight hours. If the convict does not comply with the program prepared for him and the warnings and recommendations of the probation officers in this context, the days he works are deducted from the prison sentence and the entire remaining part is fulfilled in an open penitentiary institution. contrary to the regulation in the form of “, it is decided that the judicial fine imposed in a way that restricts the power of execution in the judgment will be transferred to prison if it is not paid,
Since the appeals of the accused were considered on the spot in this respect, the verdict was therefore amended to Article 33 of Law No. 6723. article 8/1 of the Law No. 5320 as amended. article 321 of the CMUK No. 1412, which is in force with. in accordance with Article 322 of the CMUK, however, this issue does not require a retrial. in accordance with Article 52/4 of the Turkish Penal Code. from the paragraph to which the article applies, “… and that the paid judicial fine will be transferred to prison….”it was unanimously decided on 26.10.2016 to CORRECT AND APPROVE the provision by removing the phrase “.
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