- Criminal Chamber 2020/3236 E. , 2021/9523 K.
“Justice Text”
COURT :Criminal Chamber
CRIMES: Intentional killing, threatening with a gun, damaging property, hiding evidence of crime, helping to intentionally kill
PROVISIONS: 1) With the decision of the Uşak 1st High Criminal Court, dated 10/09/2019 and numbered 2018/336, Decision 2019/282;
About the accused …;
a) Article 81/1 of the TCK numbered 5237 for the crime of willfully killing … the provision regarding the sentence of life imprisonment in accordance with the article,
b) The provision regarding the punishment of threatening with a weapon against … with 2 years imprisonment pursuant to Article 106/2-a of the TCK No. 5237,
c) Article 151/1 of the TCK No. 5237 for the crime of damaging the property against …. According to the article, the sentence of being sentenced to 4 months in prison,
About the accused …;
a) Article 281/1 of the TCK No. 5237 for the crime of concealing the evidence of crime. the sentence of 2 years and 6 months imprisonment in accordance with the article,
b) Acquittal of the crime of deliberately aiding murder pursuant to article 223/2-e of the CMK no. 5271,
About the accused …;
Article 281/1 of the TCK numbered 5237 for the crime of concealing the evidence of crime. the sentence of 2 years and 6 months imprisonment in accordance with the article,
2) Regarding the rejection of the appeal applications on the merits … Decision of the 1st Criminal Chamber of the Regional Court of Justice, dated 28/02/2020 and numbered 2020/300, Decision 2020/260
ON BEHALF OF THE TURKISH NATION
… It has been understood that the decision of the 1st Penal Chamber of the Regional Court of Justice, dated 28/02/2020 and numbered 2020/300, 2020/260 Decision, was appealed by the defendant’s counsel and the participating attorney, within the period specified in Article 291 of the CMK No. 5271.
The file has been reviewed.
It has been discussed and considered:
With the rejection of the defense counsel’s request for examination with a hearing, pursuant to Article 100 of the Decree Law No. 696 and Article 299 of the CCP No. 5271 amended by Article 94 of the Law No. 7079, it is deemed appropriate to conduct the examination over the file;
1) In the examination of the grounds of appeal of the defendant’s counsel against the convictions of the accused for the crimes of threatening with a gun and damaging the property;
Considering the amount and type of punishments imposed on the accused, in accordance with Article 286/2-a of the CMK no. 5271, the regional court of appeal for the substantive refusal of the application of appeal for the imprisonment of five years or less, regardless of the amount, given by the courts of first instance. Since it is not possible to appeal the decisions of the defendant, the defendant’s request for appeal is 298/1 of the CMK no. 5271. REJECT as the request pursuant to the article,
2) In the examination of the reasons for the appeal of the attorney who participated in the conviction of the accused … for the crimes of threatening with a gun and damaging the property;
In the examination made after it was understood that the appeal request of the participating attorney was related to the nature of the crime;
… Since there was no inaccuracy in the decision of the 1st Criminal Chamber of the Regional Court of Justice, dated 28/02/2020 and numbered 2020/300, Decision 2020/260, on the “rejection of the appeal applications on the merits”, the attending attorney; 302/1 of the CMK no. 5271, rejecting the unfounded grounds of appeal that the act was an attempt to kill. APPROVAL OF THE PROVISIONS WITH Substantial REJECTION OF THE APPEAL, contrary to the request, in accordance with the article,
3) In the examination of the grounds of appeal of the defendant’s counsel and the participating attorney’s regarding the conviction of the accused for the crime of willful murder, the conviction established for the crimes of concealing the evidence of the accused … and …, the acquittal established for the crime of willfully assisting the murder of the accused …;
In the examination made, it was understood that the appeal request of the attorney who participated in the crimes of concealing the evidence of crime was related to the nature of the crime;
… Since there was no inaccuracy in the decision of the 1st Criminal Chamber of the Regional Court of Justice, dated 28/02/2020 and numbered 2020/300, Decision 2020/260 on the “rejection of appeal applications on the merits”, the defendant’s counsel; Incomplete research was carried out, it was decided without discovery, the act was within the limits of legitimate defense, the accused did not have an intention to kill, unfair provocation reduction should be applied, Article 62 of the TPC was not applied without a valid reason, 302/1 of CMK No. 5271, rejecting the unfounded grounds of appeal that the crime of murder was committed by design, that the defendants Ramazan and Necip were also involved in the crime of murder, and that the attorney’s fee was determined incompletely. APPROVAL OF THE PROVISIONS AND THE ESSENTIAL REJECTION OF THE APPEAL APPLICATIONS partially contrary to the request in accordance with the article, REJECTING the release request of the defendant’s counsel considering the amount of sentence imposed and the time spent in detention,
304/1 of CMK No. 5271 amended by Article 8 of Law No. 7165, which entered into force after the file was published in the Official Gazette on 28.02.2019. Decide unanimously on 01.06.2021 that a copy of the judgment of the Supreme Court of Appeals be submitted to the Uşak 1st High Criminal Court, and a copy of the judgment of the Supreme Court of Appeals to the 1st Criminal Division of the Regional Court of Justice, to the Office of the Chief Public Prosecutor of the Court of Cassation.province.
