T.C. SUPREME COURT

8.Criminal Department
Base: 2016/7247
Decision: 2016/8702
Date of Decision: 30.06.2016

CRIME OF ARMS TRADE – IT WAS FOUND THAT PISTOL PICTURES WERE SENT FROM THE DEFENDANT’S PHONE TO THE PHONE NUMBER IN QUESTION, THIS ISSUE WAS NOT INVESTIGATED – VIOLATION OF THE PROVISION

SUMMARY: During the examination of the defendant’s phone, the defendant’s phone ….. it is registered by name and …. in the face of the fact that pistol pictures were sent to the phone number determined to be issued in his name, the establishment of provisions with incomplete research without investigating this issue required to be overturned. It has been decided that the provision will be overturned.

(6136 Pp. K. m. 12)

Case and Decision: Discussed and considered as required:

According to the entire scope of the file, the defendants … and … in their similar defenses, the defendant …’s older brother and gallerist, at the request of ,, …. that they were going to a car dealership, and here….. declaring that they have met with a named person, the defendant … also …. ‘s himself ….. he said that he would give an escrow, and the suitcase containing the weapons involved in the crime ….. the fact that the named person stated that he gave it during the investigation, during the examination of the defendant’s phone, on the defendant’s phone ….. it is registered by name and …. it is determined that images of pistols have been sent to the phone number determined to be issued in his name, …. in the face of the understanding that the named person is N… B…’s girlfriend, …. , …. and ….. taking statements of named persons as witnesses in accordance with the identification and method, and evaluating all the evidence together according to the result, establishing provisions in writing with incomplete research without regard to the need for discretion and determination of the defendants’ legal status,

Conclusion: It is contrary to the law, since the appeals of the defendants’ defense counsel have been considered in place as of this date, the provisions are therefore 8/1 of the Law No. 5320. CMUK, which must be applied in accordance with the article.nun 321. according to the article, its deterioration was decided by a majority vote on 30.06.2016.

COUNTER-THINKING

12/1 of Law No. 6136 on the defendants …, … and … for the crime of arms trafficking. the decision of the majority to overturn the provisions established in the article instead of upholding the conviction provisions issued by the local court upon the appeal of the defendants’ defenses is not in place. That is to say;

As stated in the decision of the local court, in the minutes dated 16.12.2015, it was stated that the defendants were in a panic when the police went to the vehicle, that they entered the petrol station suddenly and quickly when they saw the application point of the vehicle, that those who wanted to buy the vehicle in our country came to those who sold the vehicle in the purchase and sale of the vehicle in our country, ….. ’dan …. it is contrary to the usual course of life for a person who wants to sell a car to such a remote place without an agreement on the exact sale, although the defendant … in his first statement dated 16.12.2015 … said that he came alone with a minivan, the other defendants …. ’t they declared themselves, although in the later stages, to give a similar expression for the removal of the contradiction between the statements Beyşehir loaded from the bag ,,, is taken into account when the distance between the ignorant and the other defendants attract the attention of that can not be recovered with the gun barrel and the scope of the file were evaluated together when the amount of the defendants had committed the offence of alleged arms trafficking by acting together is a constant that, however, in the court’s decision, it is also,,,, and Konya …. that the issues that are requested to be investigated in the reversal judgment are only a matter that will require a criminal complaint from the point of view of people whose names are mentioned …. i do not agree with the majority’s decision that the local court’s decision in accordance with the procedure and the law should be overturned for reasons written in the justification, rather than upholding the criminal complaint against it, our file will not affect the legal status of the defendants. 30.06.2016