T.C THE DECISION OF THE SUPREME COURT
14.Criminal Department
Base: 2015/ 6298
Decision: 2018 / 7135
Date of Decision: 03.12.2018

The provisions issued by the court of first instance were appealed and the file was examined and considered as necessary:

In the examination of the provision established on the defendant for violation of housing immunity;

After the provision of Article 53 of the TCC No. 5237. regarding the article of the Constitutional Court dated 24.11.2015, published in the Official Gazette No. 29542 and entered into force on 08.10.2015 and based on 2014/140, it was deemed possible to take into consideration the cancellation decision issued by Decision No. 2015/85 at the execution stage.

Since the evidence, claim and defense were analyzed and evaluated taking into account the trial, concessions and exercises were made in accordance with the elements of the act that was accepted, the defendant’s appeals that were not seen on the spot were rejected and the decision was UPHELD,

As for the appellate review of the established verdict on the defendant for simple sexual assault;

Refusal of other appeals that are not considered on the spot in accordance with the content of the file reviewed, in accordance with the opinion and discretion of the court formed in accordance with the results of the investigation and prosecution, the evidence collected and shown at the place of decision, the contents of the file,

But;

Kayden was born on 20.10.1995 and the victim, who was sixteen years old at the time of the crime, was at home on the day of the incident, while the defendant, who was his neighbor, entered the house without consent and tried to hug and kiss the victim, as it is clear from the contents of the entire file, considering that the act remains at the level of harassment, and after the provision, the Law No. 6545, which entered into force on 28.06.2014, was taken into consideration in the amendment to crimes against sexual immunity by taking into account the conviction of the child for simple sexual abuse by groping specified in sentence 103/1.2 of the TCK, instead of deciding on the conviction of the criminal qualification of the determination of 102/1 of the TCK. establishment of a simple sexual assault conviction regulated in the article,

After the verdict, the decree of the Constitutional Court dated 24.11.2015, published in the Official Gazette No. 29542 and entered into force on 08.10.2015 and based on 2014/140, Decision No. 2015/85 and Article 53 of the TCC No. 5237. as a partial cancellation decision has been made in terms of the article, there is an obligation to re-evaluate the said issue by taking into account the evil eye,

Contrary to the law, since the defendant’s appeals are considered to be in place as of this moment, the provision of Law 8/1 of Law No. 5320, provided that the right acquired by the amount of the penalty is reserved. according to Articles 321 and 326 of CMUK No. 1412. its DETERIORATION in accordance with the articles was decided by unanimous decision on 03.12.2018.