Granting an Acquittal Rather Than a Conviction Against a Defendant Who Acted in Cooperation With Other Defendants

14 Mar Granting an Acquittal Rather Than a Conviction Against a Defendant Who Acted in Cooperation With Other Defendants

T.C. SUPREME

6.Criminal Division
Basis: 2013/31702
Decision: 2016/5652
Decision Date: 16.06.2016

CRIME OF LOOTING – IN WHICH THE ACCUSED ACTS IN HAND AND COOPERATION WITH OTHER DEFENDANTS, AN ACQUITTAL DECISION IS MADE INSTEAD OF A CONVICTION – VIOLATION OF THE SENTENCE

Summary: in the sentence established against the accused charged with looting, instead of the conviction of the accused acting in hand and cooperation with the other defendants, the decision to acquit required to be overturned. A decision has been made to overturn the sentence.

(5237 P. K. m. 53) (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 -) in the examination of appeals against the sentence established for the crime of threats against the defendants …, … and … :

According to the content of the files and the minutes of the hearing, the legally valid and favorable evidence, the justification and the discretion of the Board of judges, it is understood that there is no violation of the procedure and law in accepting and qualifying that the crime was committed by the defendants, other appeals were not considered in place.

But;

However, until the execution of the prison sentence is completed, the defendants written in Article 53/1-a-b-c-d-e of the TCK are deprived of the exercise of the rights written in Article 53/1-a-b-c-d-e of the TCK until the execution of the prison sentence is completed, 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 their custody, custody and trustee powers over their own subso written in paragraph” until conditional release from the prison sentence they are convicted of, by writing The Sentence, Correction and approval of the provision, other aspects of which are in accordance with the procedure and law,

II -) as for the examination of the appeals of the public prosecutor in this place for the acquittal verdict established against the accused … :

Other appeals have not been seen in place.

But;

File according to the scope of the occurrence and the accused …’s drunk and the other defendants under the responsibility of the rented vehicle to the complainant that the defendant caused the accident by colliding with rebar at the time of the accident due to being an alcoholic does not meet the costs of insurance, where the defendant for the crime to endanger the safety of the public about the traffic opened case on the defendant on the day of the event …’s the other defendants, together with the costs of the accident of the vehicle rented to remove unless you have the money, he threatened the complainant in the form of 3.500 TL developing would get killed in the event; a written decision on the defendant acting in hand and cooperation with other defendants, rather than a conviction decision,

Conclusion: it was unanimously decided on 16.06.2016 to overturn the provision in accordance with the request for the reason described, since the appeals of the public prosecutor in that place were seen in place in this respect.