Failure To Evaluate The Criminal Act Within The Scope Of Article 150 Of The Turkish Penal Code

29 Mar Failure To Evaluate The Criminal Act Within The Scope Of Article 150 Of The Turkish Penal Code

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T.C. SUPREME

6.Criminal Division
Mainly: 2013/28250
Decision: 2016/5651
Decision Date: 29.06.2016

CRIME OF ABUSE OF TRUST DUE TO SERVICE – FAILURE TO OBSERVE THAT THE TORT THAT CONSTITUTES A CRIME MUST BE EVALUATED UNDER ARTICLE 150 OF THE TC 5237 – THE PROVISION IS BROKEN

Abstract: the defendant, who is engaged in real estate, has no negativity reflected in the judicial record …’s close friend who will receive from the victim on the day of the incident, acted with the other defendant …and did not observe that the criminal tort that he committed should be evaluated within the scope of Article 5237 of the TCK … is the reason for the violation of the provision.

(5237 P. K. m. 53, 150) (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) as for the examination of appeals against the provisions established against the accused …and … for the offences of depriving the person of his liberty; for the accused …for the offences of abuse of trust due to service;

According to the content of the files and the minutes of the hearing, the legally valid and favorable evidence collected and discussed at the site of the decision, the reason and the discretion of the Board of judges; since there is no violation of the procedure and law in accepting and qualifying that the crimes were committed by the defendants, other appeals were not considered in place.

But;

However, until the execution of the prison sentences of the defendants is completed, they are deprived of the use of the rights written in Article 53/1-a-b – c-d-e of the TCK, 53/3 of the TCK. if they are released conditional in accordance with the article, it has been decided to terminate their deprivation of the rights listed in paragraph 53/1-c of the TCK on their subsoys; 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,

8/1 of law 5320, since the appeals of the defendants,…, … and …their defense have been considered in this regard, the provision has been violated in violation of the request for the reason described, and the reason for the violation does not require a retrial. article 322 of Cmuk No. 1412. based on the authority granted by Article 53 of the TCK from the provision clause. instead of removing the section on the application of the article, “as a legal result of the convictions of the defendants with a prison sentence for the crime they intentionally committed, 53/1 of the TCK. from the point of view of the application of Article (A, c, d and e), as well as (b), they are deprived of the use of Elections, Elections 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) they cannot use the powers of custody, custody and trusteeship over their sub-laws written in paragraph” by writing the sentence, other aspects of which are in accordance with the procedure and the law to correct and approve the provision, which is in accordance with the procedure and the law,

II) as for the examination of appeals against the provisions established against the accused …for looting;

Other appeals have not been seen in place.

But;

A defendant engaged in real estate, who does not have any negativity reflected in the judicial record …a close friend of the victim on the day of the incident acted with another defendant …and committed a criminal tort that he committed 150/1 of Tc 5237.failure to observe that it should be evaluated within the scope of the article,

Conclusion: it was decided unanimously on 29.06.2016 to overturn the provision as contrary to the request for the reason described, as the appeals of the defense of the defendant …were considered in place in this regard.