Cancellation Of Some Parts Of The Article Of The Turkish Penal Code By The Decision Of The Constitutional Court, Which Entered Into Force After Being Published In The Official Gazette

24 Jun Cancellation Of Some Parts Of The Article Of The Turkish Penal Code By The Decision Of The Constitutional Court, Which Entered Into Force After Being Published In The Official Gazette

T.C. SUPREME

7.Criminal Division
Basis: 2015/7404
Decision: 2016/9043
Decision Date: 30.06.2016

OFFENCE OF OPPOSITION TO LAW NO. 5607 – CANCELLATION OF SOME PARTS OF ARTICLE TCK BY THE DECISION OF THE CONSTITUTIONAL COURT, WHICH ENTERED INTO FORCE AFTER PUBLICATION IN THE OFFICIAL GAZETTE – OBLIGATION TO RE-EVALUATE THE ARTICLE – VIOLATION OF THE PROVISION

Abstract: due to the cancellation of some parts of the article of the TCK by the decision of the Constitutional Court, which entered into force after being published in the Official Gazette, the necessity to re-evaluate the said Article required the violation.

(5237 P. K. m. 43, 53)

Case: the verdict given by The Local Court was appealed; after reading the file according to the nature of the application, type of punishment, duration and date of crime, the requirement was discussed and considered on behalf of the Turkish nation;

It was always possible to decide on the items subject to the case delivered to the customs administration.

Although a public lawsuit has been filed against the defendant … TC number … the decision appears to be a corrected error in the place where his surname …and the misspelling of the place where it is registered with the population;

I.The defendant’s appeal is under review.;

In the review of the conviction provision established for opposition to law 1.5607;

53/4 of TCK No. 5237. a decision in writing about the defendant, whose short-term prison sentence is deferred in accordance with the article, without regard to the fact that the provision of the first paragraph of the said article will not apply,

Contrary to the law, since the defendant’s appeals are considered in place for these reasons, and this issue does not require a retrial, Law No. 5320 No. 8.in accordance with article 322 of Cmuk No. 1412 in force.according to Article 53 of the TCK from the provision.by removing the section on the application of the article, other parts of the provision left in the same way to be corrected and approved,

In the review of the conviction provision established for opposition to law 2.4733;

a.In a public case filed on 10/01/2013 and 14/01/2013 for the crime of law 4733, the actions that do not have legal deductions between them constitute a chain crime and the punishment to be given to the accused 5237 of TCK 43.a penalty for each action in writing, without considering that an increase should be made according to the article,

b.24/11/2015 day 29542 published in the Official Gazette and entered into force 08/10/2015 date of the Constitutional Court, 2014/140 basis and 2015/85 with the cancellation decision No. 5237 TCK 53.due to the cancellation of some parts of the article, it is necessary to re-evaluate the mentioned article,

Contrary to the law, since the defendant’s appeals are considered in place in this respect, the provision is 8/1 of act 5320.in accordance with article 321 of Cmuk No. 1412 in force.deterioration according to the article,

II.The defendant’s appeal is under review.;

In the review of the conviction provision established for opposition to law 1.5607;

The cases against the defendant due to similar actions in terms of UYAP records made in the review, according to the main aspect involved in the case 2014/29517 our apartment macaroon registered in the queue, … 2013/208 principles and decision 2013/341 Criminal Court No. in the file, due to an indictment has been issued considering similar action on 07/03/2013 dated 31/12/2012 crime where the defendant’s acts under the provisions of penal code in terms of determining whether or not there 43/1, after the subject of the appeal review of the said file is combined with this file, all the evidence must be evaluated together and a verdict must be established according to the result,

In the review of the conviction provision established for opposition to law 2.4733;

a.In a public case filed on 10/03/2013 and 14/03/2013 for opposition to law 4733, actions that do not have legal deductions between them constitute a chain crime and the punishment to be given to the accused 5237 of TCK 43.a penalty for each action in writing, without considering that an increase should be made according to the article,

b.24/11/2015 day 29542 published in the Official Gazette and entered into force 08/10/2015 date of the Constitutional Court, 2014/140 basis and 2015/85 with the cancellation decision No. 5237 TCK 53.due to the cancellation of some parts of the article, it is necessary to re-evaluate the mentioned article,

Contrary to the law, since the defendant’s appeals are considered in place in this respect, other considerations are not considered, the provision is 8/1 of law 5320.in accordance with article 321 of Cmuk No. 1412 in force.in accordance with the article, it was decided by unanimous decision on 30.06.2016. (¤¤)