T.C. SUPREME
6.Criminal Division

Main: 2016/840
Verdict: 2016/4388
Decision Date: 25.05.2016

CRIME OF LOOTING – THE ARTICLE OF THE TCK MUST BE OBSERVED THAT THE EXPRESSION OF THE USE OF ELECTION AND OTHER POLITICAL RIGHTS MUST BE REVOKED – THE PROVISION IS CORRECTED AND UPHELD

Summary: one of the defendants, one of the amusement park tokens, one of the defendants .. TL,…..in the face of understanding that these money and tokens were returned by the police to those who complained; although there were no conditions for restitution of consent, there were no conditions for the defendants No. 168 of Tc 5237. because there is no appeal against the application of the article, the reason for the violation has not been made …. 08.10.2015 day,2014/140-2015/85 basic and decision of the Constitutional Court, which entered into force on the same date as published in the Official Gazette dated 53/1-b article of the TCK, “election, election and other political rights to use” the phrase has been canceled, although this issue does not require a retrial, the provision has been corrected and approved.

(5237 P. K. m. 53, 149, 168) (5271 P. K. m. 326) (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, type of punishment, duration and date of crime of the application:

According to the party’s statements, in the face of the fact that they have specified 20:30 as the time of the crime, and the court’s admission is in this direction; on the date of the Crime, …/Center, in the face of the understanding that the sun set at 19.50 hours in accordance with the practice of daylight saving time, although there are no elements about the defendants, TCK 5237 is 149/1. 61 of the same law, since the crime of looting was committed with a weapon and with more than one person, and therefore more than one qualified state occurred in the event. in accordance with the article, when determining the basic penalty, it is assumed that the penalty should be determined by moving away from the lower limit, since this situation is not considered effective in the result; also 03.06.2015 dated “capture, search, Rizaen delivery, storage, and delivery record” 04.06.2015 dated “according to the records of delivery and acceptance, the four main ones, and …’e’s after the act of looting, however, those Park Shopping Center near the police on the scene captured in the vicinity of the identities of the defendants to conform to the description when checked, however, specify the names of the men on the identification of suspicious persons when the accusation is explained about them, make statements based on the denial made with top searches; 1 10 TL, 13 amusement park tokens, …one 50 TL, one 20 TL, two 10 TL, 3 5 TL and 14 amusement park tokens and one machete used in the crime were found, stored, and then the police realized that these money and tokens were returned to the complainants; although there were no conditions for return of consent, about the defendants numbered 5237 tck 168. because there was no appeal against the application of the article, the reason for the violation was not made.

According to the content of the file and the minutes of the hearing, the legally valid and favorable evidence, justification and the discretion of the Board of judges, the crimes were committed by the defendants, since there was no violation of the procedure and the law, other appeals were not considered in place.

But;

1 -) until the execution of the prison sentences imposed on 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; however, 53/3 of the TCK. if they are granted conditional release in accordance with article 53/1-c of the TCK on their subsoys, although it has been decided to terminate their deprivation from using the rights listed in paragraph 53/1-c of the TCK; 24.11.2015 published in the Official Gazette dated 08.10.2015 day, 2014/140-2015/85 basis and decision of the Constitutional Court entered into force on the same date, written in Article 53/1-b of the TCK, the phrase “election, election and other political rights to use” has been canceled,

2 -) 326/2 of CMK 5271, instead of being held separately responsible for the costs of the trial caused by the defendants who committed the crime together. decision in the form of “equal collection ” in violation of the article,

Because the appeals of the defendant and the defendant and their defense were considered in place in this regard, the provision was violated in violation of the request for the reasons described,

Conclusion: 8/1 of act 5320, as the reasons for the disruption do not require a retrial. article 322 of Cmuk No. 1412. based on the authority granted by the article, from the provision clause “53 of the TCK. sections on the implementation of the article” and “equal collection of defendants” are removed, respectively, “as a legal result of the convictions of defendants with a prison sentence for a crime that they intentionally committed, TCK 53/1. from the point of view of the application of the article, (A, c, D and e) and (b) written in paragraph to deprive them of the use of election, election and other political rights; 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. pursuant to paragraph (C), written in accordance with their sub-lineages on custody, guardianship and powers were sentenced to a conditional release from imprisonment in having to use until kayyimlik” and “why they are taken separately one of the defendants court costs and expenses” clauses by adding procedures for the provision of outside criticism and corrected by other aspects in accordance with the law APPROVED, it was decided unanimously on 25.05.2016.