About The Crime Of Simple Wounding

28 Feb About The Crime Of Simple Wounding

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T.C. SUPREME

3.Criminal Division
Mainly: 2015/32248
Verdict: 2016/15322
Decision Date: 30.06.2016

CRIME OF SIMPLE WOUNDING-A REPORT ISSUED BY THE REGIONAL EDUCATIONAL AND RESEARCH HOSPITAL CONFIRMING THE DEFENDANT’S STATEMENT-FAILURE TO DISCUSS AT THE SITE OF THE DECISION WHETHER TO APPLY THE UNFAIR INCITEMENT PROVISIONS – VIOLATION OF THE PROVISION

Abstract: the Declaration of the accused in the investigation phase confirms this statement with the statement that his wife hit him on the wrist with the chair … in the face of the report dated 09/10/2014, organized by the Regional Educational and Research Hospital, the defendant is about TCK 29. the fact that the question of whether to apply the unfair incitement provisions set out in the article should not be discussed at the site of the decision required to be overturned.

(5237 P. K. m. 29, 53) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)

Case and verdict: the verdict given by The Local Court is appealed and the documents are read;

As necessary, discussed and considered;

1) in the examination of the appeal against the conviction of the accused for the deliberate simple wounding of his mother-in-law …;

24.11.2015 date and 29542 numbered ‘Resmi Gazete’ of the Constitutional Court entered into force 08.10.2015 date and 2014/140 esas-2015/85 Decision No. 5237 numbered TCK 53. although some of the phrases in the article were canceled, the reason for the violation was not made, as this issue can be taken into account at the execution stage.

According to the trial conducted, the evidence collected and disclosed at the site of the decision, the belief and discretion of the court as a result of the prosecution, the reason shown and the practice of the defendant in accordance with the rejection of Appeals not seen in place of the request for appropriate approval of the provision,

2) in the examination of the appeal against the conviction of the accused for the deliberate simple wounding of his wife …;

Rejection of other objections not seen in place; but;

a) the Declaration of the accused in the investigation phase confirms this declaration with the declaration that his wife hit him on the wrist with the chair … in the face of the report dated 09/10/2014 organized by the Regional Educational and Research Hospital, the 29 of the TCK about the accused. do not discuss at the decision place whether to apply the unfair incitement provisions set out in the article,

b) Constitutional Court 24.11.2015 date and 29542 published in the ‘Resmi Gazete’ 08.10.2015 date and 2014/140 basis – 2015/85 Decision No. 5237 with The Decision No. 53 of the TCK. due to the cancellation of some phrases in Article 53 of TCK 5237. an obligation to reassess the legal status of the accused in terms of deprivation of rights specified in the article,

8/1 of law 5320. article 321 of Cmuk No. 1412 in force. it was unanimously decided on 30/06/2016 that the request would be eligible.