Supreme Court 2. Criminal Division
Basis: 2011/9118
Decision: 2011/6579
142/1-f, 168/1, 62 of the Turkish Criminal Code No. 5237. punishable by imprisonment of 6 months and 20 days in accordance with articles 231/5 of the Code of Criminal Procedure No. 5271. in accordance with article 231/8. in accordance with Article 5, it was decided to subject him to a probation measure and release the disclosure of the provision, so that there is no room for discretion in the power of attorney fee in favor of the participating institution, … the Criminal Court of First Instance dated 11/03/2010 and 2009/343, 2010/43 of his objection against the decision of the participating institution and the participating attorneys Attorney’s fee provision in favor of the adoption of the provision in the form of different business …how to fix 06/04/2010 Heavy Penal Court against the decision issued by the Ministry of Justice dated 14.01.2011 2010/281 day and 2010/637-Law No. 3711 ruining it for the benefit of the request, based on the case’s chief prosecutor of the Supreme Court No. 07.03.2011 day and it was read with a constant 2011/62994 tebligname being sent to our apartment.
In the communique requesting violation in the interests of the law;
According to the scope of the entire file, although the decision to withdraw the provision was made, the decision was appealed in terms of not ruling on the power of attorney fee, but if the appeal against the decision to withdraw the provision is applied to the legal path, the appeal authority can examine whether there are conditions for the decision to withdraw the provision, whether there is a violation of the law in the decision to withdraw the provision, the authority can not evaluate the merits, such as the subutu of the crime, its qualification, CMK 5271, since there is no hit in the decision in writing, rather than the rejection of the appeal, since such violations of the law in the content of the undisclosed conviction cannot be controlled, such violations can only be examined by the law of Appeal when the decision to drop the case is made or if the provision is announced or a new provision is established.nun 309. in accordance with the article, the need for violation of the said decision was notified on the basis of a request to violate it in the interests of the law.
REFERENCES:
About the accused …CMK 5271 for electricity theft by decision of the Criminal Court of First Instance, 2009/343 of 11.03.2010, 2010/43.of 231/5. according to the article, it was decided to be postponed the announcement of the award, and participating on the objection of the attorneys on retainer that would have hukmolunmam High Criminal Court by the announcement of the award back the release conditions are evaluated, and the announcement of the award on the grounds that misses in the absence of the decision to be postponed, although it is accepted as the subject of the objection with the acceptance of the appeal, “the minimum wage schedule in accordance with the law in effect on the date of judgment of $ 1,000.it was decided that the attorney’s fee should be taken from the defendant and given to the participating institution,” the provision in the form of Correction.
No. 231 of law 5271. Article 5.because of the regulation that “the withdrawal of the disclosure of the provision means that the established provision does not have a legal effect on the defendant” in paragraph 12 of the same article, if the disclosure of the provision is withdrawn.from the point of view of this decision, which is subject to appeal in accordance with paragraph 231 of law 5271. a limited assessment can be made as to whether the conditions in Article 5 of this article are present. supervision of the provision, which has not yet acquired assets in accordance with paragraph 231 and 271 of the said law, as stated in the decision of the General Assembly of the Criminal Court 03.02.2009 day and 2009/4-13 basis, 2009/12. it will be contrary to the regulations in its articles.
Violations of the law in the content of the provision may only be subject to the supervision of ordinary and extraordinary ways of law if the provision becomes a legal entity. With this reputation; the provision of conviction dropped back disclosure, the disclosure provision of the fall, after the installation of a new decision or the judgment of conviction, however, subject to appellate review, the appeal in the path of the law for the benefit of the law without resorting to break the law if found by way finalisation conditions that can be examined only in the context of the provision at this stage may be controlled in the face of the fact that noncompliance with the law, and undisclosed, including provision of a legal entity is not found in noncompliance with the law,, it does not have the ability to study by way of objection, by deciding to accept the objection of the participating deputy to the content of the provision, the request to violate the law for the benefit of the law due to the correction of the attorney’s fee in the provision is seen on the spot, (…) issued and finalized by the Heavy Criminal Court, 06.04.2010 day and 2010/281 D.309 of the code of Criminal Procedure 5271.Article 4.in accordance with Paragraph (A) of the paragraph, it was decided unanimously on 30.03.2011.
