T.C. SUPREME
12.Criminal Division
Basis: 2011/1301
Decision: 2011/4822
Decision Date: 14.11.2011
THE CRIME OF CAUSING DEATH BY CONSCIOUS TAXI-APPEAL AGAINST THE DECISION OF THE PUBLIC PROSECUTOR – POSTPONEMENT OF THE EXECUTION OF THE APPLICATION – THE REQUEST TO POSTPONE THE EXECUTION IS NOT A SITUATION THAT CAUSES A PAUSE IN THE ACCOUNT OF THE SENTENCE TO BE TAKEN
Summary: the request of the convicted defense to postpone the prison sentence for six months, betting that it would cause severe harm to the convicted family, citing the school status of the convicted’s children, was rejected by the prosecutor general’s office, the request to postpone the execution was not a situation that caused pause in the account of the sentence to be taken, and Law No. 5275 98. it is understood that the court referred to in the article does not require a decision to be requested.
(5237 P. K. m. 22, 85) (5275 S. K. m. 17, 98)
17/1 of the law No. 5275 on the execution of criminal and security measures during the execution of the sentence of 2 years and 6 months of imprisonment sentenced to death by conscious taxi. according to Article 1 of Kadıköy, his appeal against the decision not to accept the request for the postponement of the execution of the application against him by the public prosecutor, since the appeal of the decision made by the execution prosecutor is not Kabul. Kadıköy 1 regarding the rejection of the appeal made by the Criminal Court of first instance against the decision of 04/11/2010 and 2010/209 different is. Regarding the decision of the Heavy Criminal Court dated 14/12/2010 and numbered 2010/1391 fiduciary;
The law 5275 on the execution of sentences numbered or sliced pause in the interpretation of the provision of conviction, the penalty has been fulfilled or later can be filed whether or not partially or completely, which was enacted in the law in favour of the prisoner, if the sentencing court to determine the punishment to be carried out or elimination of duraksaman is asked to decide> 98/1 shaped. against Article 17 of the same law. Article 98, which allows convicts to serve three years or less in prison, refusal decisions made by prosecutors on requests for postponement of execution caused pause in the execution of these prison sentences. according to Article 309 of the Criminal Procedure Code 5271, since the decision to reject the decision in written form, rather than accepting the objection to the decision to reject the decision given by the bet, since it is understood that the court that makes the decision on behalf of overcoming the pause will have to be decided, without entering into the basis, the prosecutor’s office will not be able to object to the decisions on the requests for postponement in question. in accordance with article 28.05.2011 day and 2011/30605 of the Ministry of Justice, referring to the request to violate the law, 29.06.2011 day and 215518 of the Prosecutor General’s Office of the Supreme Court with the notification and filing of the case documents to the Department;
File reviewed and considered necessary:
A request by the Prosecutor General’s Office of the Republic of Kadıköy to postpone the prison sentence for six months was rejected on 21.10.2010, the request to postpone the execution was not a situation that caused pause in the account of the sentence to be imposed, and Law No. 5275 98. Since it is understood that the court referred to in the article does not require a decision, the refusal of the request to overturn the law, which is not seen in place, was unanimously decided on 14.11.2011 to the prosecutor general of the Supreme Court for the requirement of the file.
