The Decision Of The Supreme Court
Communiqué No: 3-2013/32764
Court: Erzurum 1. High Criminal Court
Date and number: 08/11/2012, 2012/71 (E) and 2012/272 (K)
Crime: willful wounding
ON BEHALF OF THE TURKISH NATION
1) The defendant Murat defectors ‘ requests for a trial examination according to the amount of the sentence assigned
it has been decided to decline.
2) The gathered evidence is examined at the decision place and the defendants Bilal, Ridvan and Murat, victim Omar
the nature of the reason for reducing the penalty for admittance and admonishment of their actions is appreciated, their defence
reasons for annulment in the provisions given according to the file under review, which were rejected on credible grounds
since no other hit was ever seen, the accused Ridvan and his defence were not based on a motive.,
the rejection of the appeal appeals of the defendant Bilal and his defense and the defendant Murat’s defense to subuta,
But;
According to the contents of the file, the victim, Umar, the friend of the witness Kadir the day before the incident
on the day of the incident, the victim and his friends were beaten by the accused Ridvan.
they went to the defendants ‘ location to speak, and the argument between them turned into a fight
upon which the defendants acted together, assaulting the victim and one to the West
the thorax is nafiz, causing Treitz injury, pneumothorax and life-threatening
a total of 4 stab wounds to the victim in the incident;
37/1 of TCK No. 5237, establishing dominance over the action, in the unity of opinion and will of the defendants.
the nature of the instrument used, the number and severity of the blows and their participation in the crime.
according to the injury caused by their actions resulting in the manslaughter
it is intended, therefore, that all three defendants are TCK.nun 81, 35.willful killing under clauses
offences without regard to which they should be sentenced for attempted offences
the conviction of the defendants Ridvan, Bilal and their defenders and the defendants Murat defectors has required to be overturned.
326/last article of the Cmuk of the provisions to be observed, as their objections are seen in place for these reasons
on 03/11/2014 unanimous decision, contrary to the opinion in the communiqué.
it was decided.