T.C.
SUPREME
- CRIMINAL DEPARTMENT
BASE NO: 2015/13365
DECISION NO: 2016/6633
DATE OF DECISION: 3.5.2016
WHETHER LAWYERS CAN TESTIFY ABOUT THEIR CLIENTS.
The decision given by the local court was examined by appeal and discussed and considered as necessary:
decision
1- )From the scope of the file, on the day 9.6.2005 at an undetermined time, the plaintiff found parked on plate door handle front right of the vehicle is opened by being pushed … brand car stereo was stolen at the scene where investigations have any evidence could not be obtained about the event continued the investigation, as car theft incidents that occur within the scope of the identified culprits and fingerprints from 2 separate incidents, … …’s caught in Istanbul on 4.5.2006, the defendants counsel dated statements is the same in law enforcement in peace … , they played the tape from the Central District and numerous vehicle in their actions a.m. to 01.00-05.00 between they perform, the doors of the vehicle opened with a screwdriver or a knife fruit, in addition to other events on the day of the theft came to Istanbul for the purpose of 9.6.2005, belonging to the same neighborhood, a couple of 4 separate from the vehicle parked on the street, they played the tape, the time lag, and the air was dark and …’T because they don’t know their address theft, vehicle models, and they don’t remember the subject of a crime in the statement of the properties of the tape in the way they are, at the stage of trial, the defendants ‘ denial turned to …’they did not come to eat at, and signing a memorandum of expression because they stated they exist under the pressure arm without reading the defendants were present during the testimony of a lawyer who …’s the trial phase, as witnesses rest, do not apply any pressure during the testimony of the defendants, told the story of the actions in a relaxed manner, the court decided that the evidence at hand thrown across from crime to conviction that it was the defendants to understand; Dated 4.5.2006 by law enforcement in the presence of the defender received in the defence of the defendants, in the county by law enforcement in recent times and also read them all Theft Auto stereo actions“actions a.m. to 01.00-05.00 between they perform, the doors of the vehicle opened with a screwdriver or a knife fruit, time lag, and the air was dark and …’T because they don’t know their address theft, vehicle models, the properties of the tape and they don’t remember the subject of a crime” in the form of a confession, they are in general, in the statement, the fault laid claim to every detail as they are thrown sahsilestirilm defendants in place to ensure the process of showing the rest is not only the most abstract of acts of theft that occur in declaration dated 4.5.2006 car stereo from a car stereo was stolen by the complainant belongs to the conclusion that we will not reach the defendants, in this sense, the abstract with the act of theft is not associated with the defendants during the trial phase, the issue of the denial of the crime is also taken into consideration when loaded shows the time of the crime, and in compliance with the law, without uncertainty, for sure, in accordance with the principle of universal criminal law, “the accused benefits from suspicion” without regard to the absence of sufficient and convincing evidence, because it is not fixed that the crime of breakthrough theft was committed by the defendants, their convictions were decided in written form instead of acquittals,
By admission, too,
2 – a )No. 5271 CMK 46/1-a in accordance with, the lawyers, or the jurisdiction where they are installed, thus the task of the adjectives they got the information because of the need of explicitly represented so that they can testify about the person’s consent, in the last paragraph of the same article, even stipulated that the lawyer will be forced to testify consent; 36 of the Law No. 1136. article 46 of CMK 5271, which states that lawyers are prohibited from disclosing matters entrusted to them or learned by their duties, and that they must have obtained the consent of the business owner in order to testify about these matters. in accordance with the regulation in accordance with the article, the lawyer who performs the duty of defense of the defendants during the investigation stage … is listened to as a witness, even if there is no consent process granted by the defendants and is not reminded of the right to abstain from testimony, and their statements are based on the verdict,
3- )Plaintiff tool parked at 2030, the next day in the morning at 07.00 understand the theft of the defendants actions, statements with 01.00 05.00 carried on between the hours given in daylight saving time taken into account when the question UYAP te 05.15 hours in the sun, was born in Article 6 § 1 of the Penal Code-e up to time in accordance with the adoption of necessary 04.15 hours in the night, out of the night of the crime happening at the time due to a certain lack of that is deemed to, in accordance with the principle of ”the accused benefits from suspicion”, a provision should be established with the admission that the act was committed during daylight hours, while the provisions established for a breakthrough crime are in accordance with Article 143 of the TCC. sentencing to an excess penalty by increasing it in accordance with article,
4- )T.C. 53 of the Constitutional Court, the TCC. in accordance with the decision to cancel the decision No. 2014/140 and Decision No. 2015/85, which are related to the article, were published in the Official Gazette dated 24.11.2015 and numbered 29542, the 53rd amendment of the Turkish Commercial Code in accordance with the decision to cancel. there is an obligation to re-evaluate the deprivation of rights in the article,
5- ) The total cost of the invitation of 3.50 TL made due to this case is 100 of the Law No. 6352. article 324 of the CMK. in accordance with the sentence added to the fourth paragraph of article 106 of the Law No. 6183 on the Procedure for Collection of Public Receivables. failure to observe that it is less than the amount required to be abandoned in the article and therefore will not be charged to the defendants as a court expense,
CONCLUSION : Since the reasons for the appeal of the defendants … and … their defense, which required a reversal, were considered in place as of this moment, it was unanimously decided on 03.05.2016 that the provision would be OVERTURNED in violation of the communiqué for the reason described.
