COURT OF CASSATION 5. Criminal Department
Base No : 2014/6241
Decision No : 2014/8962
250/1, 43, 220/2 and 62 of the Turkish Penal Code No. 5237 of the accused C… for crimes of being a member of a criminal organization in a system created to provide for jul-de-sac, contact and benefits in a chained manner. articles 1 of the Edirne Convention on the punishment of imprisonment for 10 months and imprisonment for 5 years 2 months 15 days. The Decision of the Criminal Court dated 24/05/2006 and numbered 2006/1111, 2006/198 of the Supreme Court 5. 26/12/2006 2006/9880 of the Criminal Division, dated based on 2006/10661 onanar subsequent to to be finalised by the decision of the defendant made by the counsel for denial of the request for a retrial of the same court dated 15/01/2014 2006/111 based on 2006/198 numbered objection by counsel against the defendant’s decision to annex likewise, Edirne for rejection 2. The Decision of the Criminal Court dated 07/02/2014 and numbered 2014/109 is Amended;
File scope, according to the petitioner dated by counsel when the defendant 09/01/2014 made by different signs of the request for a retrial and defendant’s conviction based on the evidence before citing as shown in the images in the CD and presented as the most likely held by the person in the video forensic expert opinions regarding whether the defendant as a result of the National Crime Bureau when you are considering dated 25/02/2013, 309 of the Criminal Procedure Code No. 5271 with a bet that there is no hit in the decision to reject the request to renew the trial in writing without evaluating the merits of the request and in addition, without clearly stating what evidence is sufficient for the defendant’s conviction, and the decision to reject the appeal against this decision without legal justification instead of accepting it. according to the article, the General Directorate of criminal affairs of the Ministry of justice corruption in the reason of High worded day and 94660652-105-22-3525-2014-8856 05/05/2014/30082 disrupt the benefit of the law with reference to the case by the Supreme Court and the Chief Public Prosecutor of the deposit of an instrument with a flat tip tebligname although made with the requirements of duly noted:
When the decision is made and used as evidence of conviction that the person in the camera image that shows actions that constitute a crime are accepted regarding whether C… most likely based on a report issued by the Bureau National Crime convicted for the renewal of the proceedings was made, and these images 18/04/2006-day trial below, the defendant is shown to criminal acts denies admitted that he is the person in the image, in addition, the National Crime 25/02/2013 by the bureau, and when and by whom the reports 06/06/2013 dated being prepared when editing the photos that were used in the comparisons, but it belongs to, and whether the comparison is appropriate, whether the defendant’s criminal history to the image in the absence of securely and enthusiasm has been detected, the person will change depending on the time of intervention or physical appearance or can be changed, since the reports received in these conditions and which are understood to lack credibility cannot be considered the reason for the renewal of the trial, it is understood that there is no violation of the law in the rejection of the convicted defense’s request for this and that the request to violate it for the benefit of the law for the reasons described is not in place, Edirne 2. On 07/02/2014 day and on 07/02/2014, the Court of Cassation rejected the request to overturn for the benefit of the law on the Decision of 2014/109 on the Different Business, to send the file to the District Court C.The transfer to the Prosecutor General’s Office was made unanimously on 24/09/2014.
