T.C.
SUPREME
4.CRIMINAL DEPARTMENT 2006/5382 2006/13684 11.7.2006
PASSIVE RESISTANCE TO THE OFFICER ON DUTY ( Making It Difficult Not to Get into the Police Vehicle and Trying to Escape – The Act of Passive Resistance Is Excluded from Being a Crime / By the Need to Be Acquitted)
PASSIVE RESISTANCE ( By Virtue of the Fact that His Action Has Been Excluded from Being a Crime/Acquittal Has Been Ruled – Making it Difficult Not to Get into a Police Vehicle and Trying to Escape )
MAKING IT DIFFICULT NOT TO GET INTO A POLICE VEHICLE AND TRYING TO ESCAPE ( Passive Resistance to the Officer on Duty – Passive Resistance Is an Act That Is Excluded from Being a Crime )
STRENGTH TO THE OFFICER ( In Order Not to Get into a Police Vehicle, Making Difficulties and Trying to Escape – The Act of Passive Resistance Is Excluded from Being a Crime / In Order to Be Acquitted)
765/m.260
5237/m.265
ABSTRACT : In the act of wanting to get away while the team was put into the vehicle due to the defendant’s failure to provide his identity and the police who wanted to prevent it were injured by the defendant’s own fault, even though he had no actions; the act of making difficulties not to get into the vehicle and trying to escape constituted the crime of passive resistance stipulated in TCK No. 765, TCY No. 5237.of the 265th.in the article, the crime of resisting in order not to perform the task with algebra and threat is regulated, and the algebra that people perform against the official and passive actions that do not contain threats are not accepted as crimes.
CASE : The defendant for the crime of resisting the officer in charge is a violation of Article 4 of the Law No. 765 of the Turkish Criminal Code on the Execution of Sentences No. 260, 647. according to the articles, 77 UAH. regarding the punishment with a judicial fine, B. 1. The Supreme Court, which contains the order of the Criminal Court of First Instance dated 20.12.2005 and containing the request to violate the 2004/215 Principle and the 2005/853 decision issued by the Ministry of Justice for the benefit of the 25.5.2006 day and the law No. 22134 in the interest of C.By the notification of the Prosecutor General’s Office dated 14.6.2006 and numbered 120203, the case file was sent to the Department and examined and discussed accordingly:
DECISION : In the Communiqué “according to the scope of the file, the defendant is charged with the crime of passive strength No. 765 TCK.260 of the Law referred to by the bet, since nun is more in favor.although a conviction provision has been established in accordance with the article, the court considers that the defendant’s action is considered as a request to give his identity or not to leave after the police officer asks for identification, taking into account that the action is not regulated by the Turkish Criminal Code No. 5237, given that there is also no algebra and violence element in the incident, there was no hit in the decision to convict in writing instead of acquitting the defendant. it is said that ”.
In the act of wanting to get away while the team was put in the vehicle due to the defendant’s failure to provide his identity, and the police who wanted to prevent it were injured by the defendant’s own fault, even though he had no actions; the act of making difficulties not to get into the vehicle and trying to escape is numbered 765 TCY.of the 260th. TCY No. 5237, which entered into force on 1.6.2005, constitutes the crime of passive resistance provided for in the article, entered into force on 1.6.2005.of the 265th.in the article, the crime of resisting in order not to perform the task with algebra and threat was regulated, and the thought in the communiqué was seen at the place of the statement, since it became clear that the actions of people with algebra and passive nature that do not contain threats against the official were not accepted as crimes.
RESULT : TCY No. 765.of the 260th.article 5237 of the Turkish Commercial Code.of the 265th.based on the opinion that it is in the best interests of the defendant in comparison with Article 260. article 5271 of the provision established by applying the article CMY.in accordance with Article 309/1-3 of the Law, it was unanimously decided on 11.7.2006 that the defendant would be acquitted of the charged crime, that the sentence would not be served, since the act of passive resistance was no longer a crime under Article 5237 of the Turkish Commercial Code.
