T.R. SUPREME COURT
- Criminal Chamber
Basis: 2016/3811
Verdict: 2016/5600
Decision Date: 29.06.2016
LOADING – THE CRIME IS A CRIME AGAINST THE STATE – THE IMPOSSIBILITY OF ESTABLISHING THREE SEPARATE CRIMINAL PROVISIONS IF THE CRIME IS COMMITTED MORE THAN ONE – THE PROVISION IS FOUND
ABSTRACT: Since the legal benefit protected in the crime of laundering the property values arising from the crime is the public, economic and political structure of the country, the crime is a crime committed against the State, and in case the crime is committed more than once, Article 43/1 of the TPC No. 5237. The establishment of three separate convictions necessitated reversal, without considering the necessity of applying the article.
(5237 S. K. Art. 37, 39, 53, 228)
Case and Decision: The judgment rendered by the Local Court is appealed by the defendants … and … their defense with hearing;
As it was understood that the defendants and their defense counsels did not come to the hearing without a valid excuse even though they were duly informed of the hearing date, at the end of the examination conducted without a hearing for the mentioned defendants; The file was discussed according to the nature of the application, the type of punishment, its duration and the date of the crime;
I- Conviction of the defendants … and … for the crime of looting against the complainant …; the defendants …, …, … were convicted of attempted plunder against the complainant …; conviction of defendants …, … and … for the crime of plundering against the complainant …; conviction of the accused … for the crime of threatening … the victim; conviction of defendants … and … for the crime of damaging property against the complainant …; the conviction of the accused … and … for the offense of threatening the victim …; the conviction of the accused … for the crime of deprivation of liberty against the victim …; conviction of the accused for forgery of official documents; conviction of defendants …, …, …, … for providing a place and opportunity for gambling; In the examination of the convictions established for the accused … for the crime of establishing an organization for the purpose of committing a crime, for being a member of an organization established for the purpose of committing a crime, for the accused …
228/1 of the TCK No. 5237. Making a sentence without taking into account that the article stipulates a fine as well as a prison sentence; Regarding the accused … who directly participated in the crime of plundering against … Instead of the article 39 of the same Law, there was no reason for reversal since there was no counter-appeal.
Since there is no procedural and unlawful violation of procedure and law in accepting and characterizing that the crimes were committed by the accused, according to the content of the file, the legally valid and appropriate evidence collected and discussed at the place of decision, the reason and the discretion of the Board of Judges, the other appeal objections were not deemed appropriate.
However;
The defendants are deprived of exercising their rights written in Article 53/1-a-b-c-d-e of the TCK until the execution of their prison sentences is completed; however, Article 53/3 of the TCK. Even though it has been decided to put an end to their deprivation of exercising the rights listed in Article 53/1-c of the TCK on their descendants, if they are 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,
Since the objections of the defendants …, …, …, …, …, … and the defendants …, … and … were deemed appropriate in this respect, the verdict was OVERFINED in accordance with the communiqué for the reason explained, and since the reason for the annulment did not require a retrial, numbered 5320. 8/1 of the law. Based on the authority given by Article 322 of the Criminal Code numbered 1412, the section regarding the implementation of Article 53 of the TPC was removed from the sentence, instead of it, “As a legal consequence of the criminal convictions of the defendants for the crime they have committed intentionally, Article 53/1 of the TPC. to be deprived of exercising the right to elect, be elected and 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. In accordance with subparagraphs (a, c, d and e) of the article, and the election and other political rights written in subparagraph (b), and in accordance with subparagraph (c) of the same article, the powers of custody, guardianship and trusteeship over their descendants, until they are sentenced to conditional release. APPROVED AND CORRECTED the provision whose other aspects are found to be in accordance with the procedure and law, by writing the sentence “they cannot use
II- About the accused …, …, to the victims … and …; defendants … and about …, who complained to …; As for the examination of the convictions of the accused …, …, … and …, for the crime of laundering the property values arising from the crime against the complainant …;
Other appeals were not seen on the spot.
However;
1- By hiding the illegitimate source of the property values obtained from the crime,
It is possible to confiscate or return to the victim of the crime the financial benefits obtained as a result of the commission of the crime or constituting the subject of the crime or provided for the commission of the crime and the economic gains that arise as a result of their evaluation or conversion, without explaining what procedures the person has been subjected to in terms of the legitimate way of obtaining them, and without showing the relevant procedures. Establishing a judgment with an incomplete examination, without investigating whether or not the actions taken are justified,
2-According to the acceptance, since the legal benefit protected in the crime of laundering the property values arising from the crime is the public, economic and political structure of the country, the crime is a crime committed against the State, and in case the crime is committed more than once, Article 43/1 of the TPC No. 5237. Establishing three separate convictions without considering the necessity of applying the article,
It was unanimously decided on 29.06.2016 that the verdict was OVERROUND, for the reasons explained, since the objections of the defendants …, …, …, … and the defendants … and … were deemed appropriate.
