31 Jan Defendant Who Was Under The Age Of 15 At The Time Of The Crime Should Be Given a Reduced Sentence In Accordance With The Law, But It Wasn’t Done
T.C. SUPREME
3.Criminal Division
Basis: 2016/11885
Verdict: 2016/15033
Decision Date: 28.06.2016
OFFENCE OF INTENTIONAL WOUNDING-ACCUSED WHO IS UNDERSTOOD TO HAVE NOT FULFILLED THE AGE OF FIFTEEN AT THE TIME OF THE OFFENCE-DETERMINATION OF EXCESS PENALTY BY MAKING A DISCOUNT IN ACCORDANCE WITH THE ARTICLE OF THE LAW, ALTHOUGH A DISCOUNT SHOULD BE MADE IN ACCORDANCE WITH THE TURKISH CRIMINAL CODE – VIOLATION OF THE PROVISION
Abstract: according to the scope of the file, kayden … was born and did not reach the age of fifteen on the date of the crime …the sentence assigned to the defendant should be reduced in accordance with the article of the Turkish Criminal Code, but the provision with the BET should be violated, since there was no hit in the determination of the excess penalty by making a discount in accordance with the article of the said Law.
(5237 P.K. m.31, 52, 62, 86) (5271 S.K. m.231)
Case: accused of intentional wounding…, 5237 of the Turkish Criminal Code 86/2, 86/3-e, 31/3, 62 and 52/2. in accordance with articles 231/5 of the Criminal Procedure Code No. 5271, 231/8 and 23/1 of the Child Protection Code No. 5395. in accordance with the articles on the withdrawal of the disclosure of the provision, the determination of a 3-year audit period….. After the decision of the Juvenile Court dated 25/12/2009 and 2008/84, 2009/441, the child who was dragged into the crime committed a new crime during the trial period, the defendant announced the provision previously given by the said Court, law 5237 86/2, 86/3-e, 31/3, 62 and 52/2. in accordance with the articles of the same court on punishment with a judicial fine of 2000.00 dated 15/12/2015 and 2015/545 basis, 2015/715 against the decision of the Ministry of Justice 26.04.2016 date and 2016/2468 no.of the letter of the law was requested to disrupt the case file of this work of the Supreme Court of the prosecutor general’s office 17.05.2016 date and 2016/189062 no. of the communique was sent to our office.
In the aforementioned notice;
According to the scope of the file, kayden30/09/1993 born and committed the crime 27/05/2008 on the age of 15 did not meet the sentence assigned to the defendant, 5237 No. 31/2 of the Turkish Criminal Code. 31/3 of the aforementioned law, although a discount must be made in accordance with article. in accordance with the article, The Discount is not seen in the determination of more penalties with a bet, 5271 CMK 309.according to the article, it was understood that the need for a violation of the said decision was reported.
As necessary, discussed and considered:
23 Of The Child Protection Act. within the 3-year audit period determined in accordance with article 231/11 of the CMK, the statute of limitations will stop. in paragraph 66 of law 5237, it is arranged that the provision will be announced by the court if it acts in violation of the obligations related to the probation measure, and taking into account that the standing statute of limitations will begin to re-commit on the date of the commission of the new crime. 4-year statute of limitations calculated according to the article, between 17.02.2009 and the date of sentencing, the 4-year statute of limitations has expired, the matter will also be made a reason for violating the law to be sent to the Ministry of Justice of the Supreme Court to review requests for violating the other law after the use of discretion; on 28.06.2016, a unanimous decision was made.
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