By a Decision Of The Constitutional Court, The Cancellation Of His Testimony From The Use Of Election and Other Political Rights Written in The Article Of The Turkish Criminal Code

29 Mar By a Decision Of The Constitutional Court, The Cancellation Of His Testimony From The Use Of Election and Other Political Rights Written in The Article Of The Turkish Criminal Code

T.C. SUPREME

6.Criminal Division
Basis: 2013/32150
Decision: 2016/5596
Decision Date: 29.06.2016

CRIME OF LOOTING – BY THE DECISION OF THE CONSTITUTIONAL COURT, THE PHRASE WRITTEN IN THE ARTICLE OF THE TCK WAS CANCELED FOR THE USE OF ELECTION AND OTHER POLITICAL RIGHTS-CORRECTION AND APPROVAL OF THE PROVISION

Summary: the Constitutional Court’s decision on 08.10.2015 day, 2014/140-2015/85, written in Article 53/1-B of the TCK, “election, election and other political rights to use”, the phrase was canceled and the provision was corrected and approved.

(5237 P. K. m. 31, 53, 61, 149, 168) (5271 S. K. m. 231) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)

Case and decision: the verdict given by The Local Court was appealed; the file was discussed according to the nature of the application, type of punishment, duration and date of crime:

I – the defendant … in the examination of the sentence established for defamation:

231/12 of CMK 5271, the decision “to withdraw the disclosure of the provision” established against the accused … for the offence of defamation. in accordance with the article, because the appeal is not possible, and the objection is possible, the file is returned to the Prosecutor General’s Office of the Supreme Court to ensure that it is sent to the court authorized and authorized to examine the objection,

II-in the examination of the verdict established against the accused … and … for looting:

The crime of looting, No. 149 of TCK 5237. Article 1. 61 of the same law, which is committed together and at night by more than one person in violation of paragraphs (c) and (h) of paragraph. in accordance with the article, when determining the basic punishment, they should be evaluated and applied to the punishment by exceeding the lower limit; creating a written sentence with a justification that is insufficient and does not correspond to the occurrence, the accused, the vehicle they looted from the victims by law enforcement agencies…. 120, where credit cards are returned to the victim without restitution, while they are parked in the district.- TL money is covered by the defendants at the stage of prosecution, since there is a partial extradition situation, 5237 TCK 168/4. 168/3 – 2 of the same law without asking for the consent of the victim in accordance with article. since there is no appeal against the reduction of his sentence by Article 5237 of TCK 168/3. article 31/3. 61 of the same law by applying it before Article. because the result was not effective in the punishment, the reason for the violation was not made.

In accordance with the content of the files and minutes of the hearing, the violation observed, the favorable evidence, the justification and the discretion of the Board of judges, the defendants … and … the defense’s appeal is not seen in place, with the rejection of the provision in accordance with the procedure and law, except for criticism, to be upheld in accordance with the communique,

III-the accused … in the examination of the sentence established for looting:

No. 149 of TCK No. 5237 of the crime of looting. Article 1. 61 of the same law, which is committed together and at night by more than one person in violation of paragraphs (c) and (h) of paragraph. in accordance with the article, when determining the basic punishment, they should be evaluated and applied to the punishment by exceeding the lower limit, creating a written sentence with a reason that is insufficient and does not fall in accordance with the occurrence; the vehicle that the defendants looted from the victims by law enforcement agencies….. 120, where credit cards are returned to the victim without restitution, while they are parked in the district.- TL money is covered by the defendants at the stage of prosecution, since there is a partial extradition situation, 5237 TCK 168/4. without asking for the consent of the victim in accordance with article 168/3 – 2 of the same law. a reduction in his sentence with the article was not made because there was no counter-appeal.

According to the content of the file, the legally valid and favorable evidence collected and examined at the site of the decision, the violation observed, the reason and the discretion of the Board of judges; other appeals were not considered in place, since there was no violation of the procedure and law in accepting and qualifying that the crime was committed by the defendant.

But;

For the defendant to be deprived of the exercise of the rights written in Article 53/1-a-b-c-d-e of the TCK until the execution of the prison sentences is completed; however, 53/3 of the TCK. if conditional release in accordance with article 53/1-c of the TCK on its own subso, it has been decided to terminate its deprivation of the use of the rights listed in paragraph 53/1-C.; 24.11.2015 published in the Official Gazette dated 08.10.2015 day of the Constitutional Court, 2014/140-2015/85 basic and decision numbered decision of the TCK 53/1-b article written,” election, election and other political rights to use ” the phrase has been canceled,

Conclusion: 8/1 of law 5320, since the appeals of the defendant’s defense were considered in place in this regard, the provision was violated in violation of the request for the reason described, and the reason for the violation did not require a retrial. article 322 of Cmuk No. 1412. based on the authority granted by the article, from the provision paragraph “53 of the TCK. instead of removing the section on the application of article”, “as a legal result of the conviction of the accused with a prison sentence for the crime he intentionally committed, 53/1 of the TCK. from the point of view of the application of the article, (A, c, d and E) and (b) to the deprivation of the exercise of election, election and other political rights written in paragraph; 53/2 of the same law. 53/1. election and other political rights written in paragraphs (a, c, d and e) of Article (b) and Paragraph 3 of the same article. in accordance with the paragraph, (c) paragraph on his own subsoyu custody, custody and trustee powers written in the sentence” to use until conditional release from the prison sentence in which he was convicted ” by writing, other aspects other than criticism procedural and legal provision in accordance with the correction and approval, 29.06.2016 by a unanimous decision was made.