14.Criminal Department 2018/2958 E. , 2018/2138 K.
“text of jurisprudence”
COURT : High Criminal Court
CRIME : Intentional injury, deprivation of liberty of a person, simple sexual abuse of a child in such a way as to impair physical or mental health
SENTENCE : Conviction
The judgments given by the court of first instance were appealed and the file was examined and considered as necessary:
In the examination of the provision established on the charge of intentionally injuring a child who was dragged into a crime;
21.06.2005 of the General Board of the Supreme Criminal Court in the decision of the dairemizce 61/82 day and also adopted as emphasized, the decision may be appealed in the history of determining whether the provision should be taken into account in terms of Legal Regulations, Article 26 of the law into force 14.04.2011 6217. provisional article 5320 added to the Law No. 2. as a result, they dominated from imprisonment, except with substance cevrilenl 3.000 TL (TL 3.000 including fines, criminal fines and thrown directly given certain qualifications 1320 TL conclusive as to the amount of crime has not been able to appeal because, as aforementioned Appeals for the provision of Law No. 5320 8/1. in accordance with Article 317 of the CMUK No. 1412. refusal in accordance with the article,
As for the appeal review of the provision established on the crime of depriving a person of his liberty about a child who was dragged into a crime;
109/3-f of the Turkish Penal Code No. 5237 for the punishment of a child who has been dragged into a crime, due to the fact that the act was committed against a child-aged victim. since the amount of increase to be made in accordance with the article is half instead of one fold, the result is not effective for punishment, and again, the act is carried out for sexual purposes, the reason for the increase is incorrectly stated as ”mental health is impaired” when making a bet, a material error that can be corrected on the spot is accepted, the reason for the violation has not been made.
Since the argument and defense with evidence have been analyzed and appreciated taking into account the trial, and the act that is considered to be subordinate has been properly evaluated and practiced, except for criticism, in accordance with its elements, the child dragged into the crime is allowed to approve the verdict by rejecting the appeals of the defense that are not seen on the spot.,
As for the appeal review of the provision established for the crime of simple sexual abuse of a child in such a way as to impair the physical or mental health of a child who was dragged into a crime;
When the statements of the victim at the stages and the doctor’s report were taken into account, the court’s acceptance of the nature of the action was in accordance with the scope of the file, and the opinion requesting an annulment was not included in the communique on this issue.
The court’s opinion and discretion formed in accordance with the results of the investigation and prosecution, the evidence collected and shown at the place of decision, the rejection of other appeals that are not considered appropriate according to the content of the file being examined,
But;
58, 59, 60 and 61 of the Law No. 6545, which entered into force on 28.06.2014 after the provision. articles 102, 103, 104 and 105 of the Law No. 5237. 13 of the crimes against sexual inviolability contained in its articles and the Law No. 6763, which entered into force on 02.12.2016. article 103 of the Turkish Penal Code. in the face of the reorganization of the Article, 7/2 of the Turkish Penal Code No. 5237. article-paragraph “If the provisions of the law in force at the time the crime was committed and the laws that came into force later differ, the law in favor of the perpetrator is applied and executed.” considering the provision of the judgment in favor of the earlier and later all provisions of law applying to the outcomes of the event determined by comparison both with each other and by the application of the law to allow control of the decision to be shown in re-assessment required,
Since the appeals of the defense of the child who has been dragged into the crime, which required the violation, are considered in place in this respect, the provision is 8/1 of Law No. 5320. in accordance with Article 321 of the CMUK No. 1412. in accordance with the article, it was unanimously decided to deteriorate on 22.03.2018.
