T.C.
Supreme
- Criminal Department
Mainly No:2014/1081
Decision No:2014/3771
K. Date:8.7.2014
On the appeals of the accused Behçet defender and the participating Tolga deputy, defendants B. Sh. and s.. R.. the child who was dragged into the crime for the crimes of intentionally injuring the victim Tolga N.. T.. in the examination of the provisions established without the determination to intentionally kill the victim Tolga;
At the stage of the investigation, the victim Tolga, who complained about all the defendants, was arrested in Gaziantep 17. Gaziantep 3, where he changed his statement about the occurrence of the incident in his statement found at the hearing dated 17.08.2010 at the Criminal Court of First Instance and declared that he did not complain about the defendants Salman and Behcet, continued to stand trial on the decision of dismissal issued by the Court. By the Assize Court Hearing dated 28.10.2010 most people in the narrative, the defendants because the expression is threatened by change and quit your complaining, the other suspects and the case is a complaint against the defendants and by announcing that he wants to join the combined file Nasrin complain about a child who has committed the crime of having pointed out that the pressures for change by acting in the same session Tolga Tom’s testimony claims in relation to a bet of, it is understood that it is requested to investigate the fate of an investigation that is being conducted, but the Court has decided in writing that the trial will continue without investigating this issue, after investigating and evaluating the allegations that Tolga, who participated, was subjected to pressure by the defendants, changed his statement and had to drop his complaint, a decision was made on Tolga’s request to participate in a public case on the rights of the accused and the child involved in the crime, and the legal status of the defendants must be determined after this procedural process has been completed,
Since the appeals of the accused Behcet defender and the participating Tolga deputy were deemed to be in place as of this respect, the provisions of the other cihets not examined were found to be primarily for this reason and contrary to the opinion in the communiqué.No. 321.its DETERIORATION in accordance with the article was decided by unanimous decision on 08/07/2014.
