T.C. SUPREME COURT

3.Criminal Department
Basis: 2016/2558
Verdict: 2016/18224
Decision Date: 26.10.2016

WOUNDING OFFENCE-JUDICIAL FINE IF OPTION SANCTION IS NOT FULFILLED, THE DECISION OF THE PUBLIC PROSECUTOR AND THE UNPAID PORTION OF THE JUDICIAL FINE WILL BE TURNED INTO JAIL.

Summary: if the judicial fine option sanction is not fulfilled, it should be observed that by the decision of the public prosecutor, the amount of days corresponding to the unpaid portion of the judicial fine will be returned to jail and the sentence will be decided to work in public works for one day in exchange for two hours ‘ work.

(5237 P. K. m. 50, 53, 86) (5275 P. K. m. 106) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)

The provisions given by the Local Court on the breakdown are appealed and the paperwork is read;

Need to be discussed and considered;

1-in the examination of the appeals for the conviction of the defendant on the charge of wilful wounding …;

The decision of the Constitutional Court dated 24.11.2015 and published in the Official Gazette No. 29542 and entered into force on 08.10.2015 and 2014/140 basis-2015/85 Decision No. 5237 of TCK No. 53. although some of the provisions in the article were annulled, the reason for the annulment was not made as this matter could be taken into account at the execution stage.

The court’s conviction and discretion as a result of the prosecution, the defendant’s appeal appeals according to the reason and practice shown and the decision is upheld as a request.,

2-in the examination of the appeals for the conviction of the defendant on the charge of wilful wounding …;

Rejection of other appeals appeals not seen in place, but;

Law No. 6545, which was published in the Official Gazette on 28.06.2014, became effective on 81. Law No. 5275 with article 106/3. in the article, ” if the convict does not pay the judicial fine within a certain period of time upon the notification payment order, the amount of days corresponding to the part not paid by the decision of the public prosecutor shall be converted to a prison sentence and the convict shall be employed in a job useful to the public for two hours The daily working period is determined by the Probation Department to be at least two hours and at most eight hours. If the prisoner fails to comply with the schedule and the warnings and recommendations of the probation officers in this scope, the days of his / her work are deducted from his / her prison sentence and the remaining part is carried out in the open prison.” in contravention of the regulation, the decision that the judicial fine issued in the provision in a way that restricts the authority of execution shall be commuted to prison if it is not paid,

Because the appeal appeals of the accused were thus deemed to be in place, the provision was therefore up to 33 of the law No. 6723. Law No. 5320 amended by Article 8/1. article 321 of the Cmuk No. 1412 in force. in accordance with article 322 of the Cmuk, however, as this matter does not require a retrial. in accordance with article 52/4 of the TCK of the provision. from the paragraph to which the clause applies, “…and that the criminal fine that is not paid shall be commuted to jail….”it was decided unanimously on 26.10.2016 to amend and uphold the provision by issuing the statement.