T.C. SUPREME
8.Criminal Division
Basis: 2013/12392
Decision: 2013/24256
Decision Date: 03.10.2013
CRIME OF OPPOSITION TO LAW 6136 – THE LAW GIVES DISCRETION TO THE PROSECUTOR GENERAL OF THE REPUBLIC WHO CONDUCTS THE EXECUTION IN TERMS OF DECIDING ON POSTPONEMENT AND ARAVERTING THE EXECUTION-THE EXECUTION JUDGE DOES NOT HAVE THE RIGHT TO EXAMINE THE OBJECTION DUE TO THE REFUSAL OF THE REQUEST
SUMMARY: the law 5275 on the execution of sentences numbered to postpone the execution of the prisoners of prompt> deciding to defer to the related article entitled In terms of execution and have a good break is recognized to the public prosecutor discretion of carrying out the execution, carrying out the execution by the prosecutor’s Office of the Republic of prompt given about the postponement of the execution of law against a decision in the direction of positive or negative path is not anticipated, and when given 4675 ½ substance of law enforcement judges the authority to review appeals of not taking the liberty of, ”the decision to delay the execution was a violation, ” he said.
(5275 P. K. m. 17)
Case and verdict: Accused of opposition to law 6136 on firearms and knives and other tools C. T.13/1 and 5237 of the aforementioned law 62 and 52 of the Turkish Criminal Code. Diyarbakir on the punishment of 10 months imprisonment and judicial fines of 500.00 Turkish lira in accordance with Articles 1. 17 of the Law No. 5275 on the execution of criminal and security measures of the convict during the execution of the decision of the Criminal Court of First Instance dated 11.10.2011 and 2010/121 basis, 2011/760. in accordance denial of the request for the execution of the sentence to be postponed for 6 months of the Diyarbakır Chief Public Prosecutor dated 12.03.2013 2013/2-226 ilamat upon the adoption of appeals against the decision of the prisoner of his sentence will be postponed for a period of 6 months Diyarbakir dated 21.03.2013 2013/923 enforcement of judges, based on the decision of covering the execution file regarding 2013/985 approved;
Law No. 5275 on the execution of criminal and security measures entitled 17. if the prosecutor general’s Office conducting the execution has decried the request of the convict to postpone the execution in a positive or negative way, the law against this decision is not provided for, since the execution judge has not been hit in deciding to postpone the execution on appeal.CMK 5271 with a bet.nun 309. 29.05.2013 day of the Ministry of Justice General Directorate of Criminal Affairs and 34378 in accordance with the article on the need to disrupt the decision referred to the Supreme Court of Cassation C.11.06.2013 day of the attorney general’s office and PUK/2013-199269 with the notification of our department was examined.
On Behalf Of The Turkish Nation
As necessary, discussed and considered:
Law No. 5275 on the execution of criminal and security measures entitled 17. item defer execution of carrying out the execution in terms of deciding to have a break and a good to the public prosecutor discretion is recognized by the prosecutor’s Office of the Republic of carrying out the execution in the direction of the postponement of the execution of law against a decision given about the path is anticipated to prompt positive or negative, and when it is given by ½ 4675 substance of law enforcement who is not authorized to review the objections of judges aspect, the request should be rejected when writing to to be decided,
Conclusion: since the content of the notification of the prosecutor general of the Supreme Court based on the request of the Ministry of Justice to break the law is seen in place in this respect, the decision of the Diyarbakir execution Judge on 21.03.2013 day, 2013/923-985 CMK.nun 309. in accordance with the article, the court of Cassation to be sent to the site of the file to be corrupted, subsequent proceedings to be carried out by the Court of Cassation C.The attorney general’s office was unanimously decided on 03.10.2013.
