T.R. SUPREME COURT
- Criminal Chamber
Basis: 2015/4741
Decision: 2016/5636
Decision Date: 30.06.2016
THREATENING WITH A WEAPON CRIME – WITH THE DECISION OF THE CONSTITUTIONAL COURT, THE PRESENTATION OF ELECTION AND OTHER POLITICAL RIGHTS WRITED IN THE TPC ARTICLE IS CANCELED, AND THE PROVISION IS APPROVED
SUMMARY: With the decision of the Constitutional Court, dated 08.10.2015, numbered 2014/140-2015/85, the phrase “to elect, be elected and to exercise other political rights” written in article 53/1-b of the TPC was annulled. required to be corrected.
(5237 S. K. Art. 53) (5320 S. K. Art. 8) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)
Case and Decision: By appealing the judgment given by the Local Court; With the decision of non-jurisdiction dated 20/05/2015 of the 17th Penal Chamber of the Supreme Court of Appeals, the file was discussed according to the nature of the application, the type of punishment, the duration and the date of the crime:
I- In the examination of the provisions established about the accused due to the acts of intentional injury to the victims … and …;
The amount of the directly determined judicial fines is final in accordance with the provisional article 2 added with the Law No. 6217 to the Law on the Enforcement and Implementation of the Criminal Procedure Code, which was in force on the date of judgment and entered into force on 14.04.2011, since the accused cannot appeal. … the defense’s appeal request is in the 8/1 of the law no. 5320. REJECTED in accordance with the request, pursuant to Article 317 of the CMUK numbered 1412, by sending the article,
II- In the examination of the verdict established for the crime of threatening with a gun;
Since it was understood that there was no procedural and unlawful violation of procedure and law in accepting and qualifying that the crime was committed by the accused, according to the content of the file and the minutes of the hearing, the legally valid and suitable evidence collected and discussed at the decision-making place, the reason and the discretion of the Board of Judges.
However;
Until the execution of the prison sentence is completed, the accused is deprived of using the rights written in Article 53/1-a-b-c-d-e of the TCK, however, Article 53/3 of the TCK. Even though it has been decided to end the deprivation of exercising the rights enumerated in Article 53/1-c of the TCK on his descendants, if he is released on probation pursuant to the article; With the decision of the Constitutional Court, dated 08.10.2015 and numbered 2014/140-2015/85, which was published in the Official Gazette dated 24.11.2015 and entered into force on the same date, it is written in Article 53/1-b of the TCK that “election, election and the phrase “using other political rights” has been cancelled,
Result: It required reversal, since the objections of the defense of the accused … were deemed appropriate in this respect, the verdict was OVERFINED contrary to the request for the reason explained, because the reason for the reversal did not require a retrial, 8/1 of the Law No. 5320. Based on the authority given by Article 322 of the Code of Criminal Procedure no. 1412, the section regarding the implementation of Article 53 of the TPC was removed from the sentence, and instead it was replaced by the following: . to be deprived of the right to elect, be elected and to exercise other political rights written in subparagraphs (a, c, d and e) and subparagraph (b); 53/2 of the same Law. In terms of the implementation of Article 53/1. Article (a, c, d and e) and election and other political rights written in sub-paragraph (b) and the powers of custody, guardianship and trusteeship over his/her descendants written in sub-clause (c) of the same article until he is released from prison on probation. It was unanimously decided on 30.06.2016 that the provision, which was found to be in compliance with the procedure and the law, was corrected by writing the sentence “. (¤¤)
