By The Decision Of The Constitutional Court, The Right To Elect and Be Elected Written in The Relevant Article of The Turkish Criminal Code, and By The Decision of The Constitutional Court, The Expression Of The Use Of Other Political Rights Has Been Revoked - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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By The Decision Of The Constitutional Court, The Right To Elect and Be Elected Written in The Relevant Article of The Turkish Criminal Code, and By The Decision of The Constitutional Court, The Expression Of The Use Of Other Political Rights Has Been Revoked

24 Jun By The Decision Of The Constitutional Court, The Right To Elect and Be Elected Written in The Relevant Article of The Turkish Criminal Code, and By The Decision of The Constitutional Court, The Expression Of The Use Of Other Political Rights Has Been Revoked

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T.C. SUPREME

6.Criminal Division
Mainly: 2015/4741
Decision: 2016/5636
Decision Date: 30.06.2016

CRIME OF THREATENING WITH A GUN – BY A 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. 53) (5320 P. K. m. 8) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)

Case and decision: the verdict given by The Local Court is appealed; Supreme Court 17. Sent to the department with the decision of the criminal Department on 20/05/2015, the file was discussed according to the nature of the application, the type of punishment, the duration and the date of the crime:

I – in the examination of the provisions established against the accused for deliberate acts of wounding against the victims … and …;

Provisional 2, added By Law No. 6217 to the law on the enforcement and enforcement of the Criminal Procedure Law, which was in force on the date of provision and entered into force on 14.04.2011 as of the amount of judicial fines directly assigned. 8/1 of law 5320 of the defence of the accused … because it is of a final nature in accordance with article and its appeal is not possible. article 317 of Cmuk No. 1412. refusal in accordance with the request in accordance with the article,

II – in the examination of the sentence established against the accused for threatening with a weapon;

According to the content of the files and the minutes of the hearing, the legally valid and favorable evidence, the justification and the discretion of the Board of judges, it is understood that there is no violation of the procedure and law in accepting and qualifying that the crime was committed by the defendant, other appeals were not considered in place.

But;

The accused shall 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 sentence 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. through Article 322 of Cmuk No. 1412. based on the authority granted by Article 53 of the TCK from the provision clause. “as a legal result of the conviction of the accused with a prison sentence for the crime he intentionally committed, the TCK is 53/1. 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) he cannot use the powers of custody, custody and trusteeship on his own subso written in paragraph” by writing the sentence, other aspects, procedural and legal provision in accordance with the correction and approval, on 30.06.2016, it was unanimously decided. (¤¤)

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