- Criminal Chamber
Base Number: 2020/4563
Decision Number: 2020/8694
“Justice Text”
COURT: Criminal Court of First Instance
CRIME: Intentional injury
JURISDICTION: Conviction
By appealing the judgment given by the local court, by reading the document;
It has been discussed and considered:
1) When it is understood that the participant and the accused were divorced on 11.03.2015 and that they were not officially wedded spouses on the date of the crime, the act of the accused is evaluated as deliberate injury to the spouse, and the defendant is given an extra sentence by applying Article 86/3-a of the TPC No. 5237,
2) As the defendant carried out his action with a car, which is considered a weapon, pursuant to Article 6/1-f-4 of the TCK, Article 86/2 of the TCK was issued. Failure to consider that the basic penalty to be determined pursuant to Article 86/3-e should be increased by half due to the use of weapons in the incident,
It necessitated reversal, and since the defendant’s appeal requests were deemed appropriate in this respect, the verdict was made in the 8/1 of the Law No. 5320 amended with Article 33 of the Law No. 6723 due to these reasons. It was unanimously decided on 06.07.2020 that the defendant’s vested right be taken into account in accordance with Article 321 of the CMUK numbered 1412, which is in force with the Article 326 of the CMUK
