24 Jun No Positive or Negative Decision Has Been Made On The Subject Matter Of The Case By The Court
T.C. SUPREME
7.Criminal Division
Basis: 2016/10041
Decision: 2016/9083
Decision Date: 30.06.2016
CRIME OF ABUSE OF TRUST DUE TO SERVICE – FAILURE TO MAKE A POSITIVE OR NEGATIVE DECISION ON THE SUBJECT MATTER OF THE CASE-THE NEED TO BREAK THE PROVISION
Summary :TCK.in accordance with the article mentioned about the defendant, whose non-short-term prison sentence he was convicted of, was deferred .the absence of Rights written in paragraph (c) of the paragraph requires that the defendant not apply only in terms of custody, guardianship or trustee powers over his subso, and that these rights and powers related to those outside the subso should be decided to be deprived until the execution of the sentence is completed.
(5237 P. K. m. 53) (5271 P. K. m. 231)
Case: the verdict given by The Local Court was appealed; after reading the file according to the nature of the application, type of punishment, duration and date of crime, the requirement was discussed and considered on behalf of the Turkish nation;
The defendant’s defence appeal is under review;
As the court’s additional Decision No. 2016/31 on 18/02/2016 day and 2014/238 on the rejection of the appeal request is in accordance with the procedure and law, the defendant’s defense is not considered in place with the rejection of the appeal appeals to uphold the provision as a request,
In the review, considering that the appeal of the acting administration is aimed at the provision given under law 5607;
1- 16/10/2014 in the history of the defendant in the administration of the transport vehicle owned by a markerli sealed and in the province of Mersin in the Way … s to take to 19.824 mousse with a litre fuel is delivered from once Baykan County firefighters and law enforcement officers to the transporter Day 02 00 17/10/2014 fire in the determination of the intervention and as a result, unsealed 3 units from the tanker at the top of the Caps, two sealed, and in 2060 according to the report liter tanker fuel were seized in violation of the technical regulations markersiz pal, due to the fact that the accused could not explain the 86-minute delay on his route and the situation related to fuel oil, the fuel oil subject to the case was smuggled into the country, Law No. 6545, which was in force at the time of the crime, was 89.3/11-the last article of the law No. 5607, amended by article ” … however, if it is understood that fuel oil that does not contain markers or whose level is invalid is smuggled into the hostel, according to the provision of the tenth paragraph, the penalty is imposed.” taking into account the provision of the supervisor, the defendant should be applied in accordance with articles 3/5 and 3/10 of the law referred to as Law No. 5607 3/11-the last sentence, without regard to the provision in writing,
2-CMK 231. a defendant who is not aware of public damage, since there is no KEMT varaka in the annex to the instruction, is notified that the amount that is the sum of customs duties and other co-effective taxes and financial burdens provided for the import of the goods subject to the case is public damage, and according to the result, if necessary, a decision should be made in accordance with paragraph 231/9 of the Criminal Procedure Law, while a decision should be made on the grounds that public harm is not eliminated, and a decision should be made that there is no place for the disclosure of the provision to be left behind,
3-24.11. 2015 Day 29542 published in the Official Gazette and entered into force of the Constitutional Court 08.10.2015 date and 2014/140 basis, 2015/85 with the cancellation decision 5237 TCK.of 53.due to the cancellation of some parts of the article, it is necessary to re-evaluate the mentioned article,
53 of the TCK.Article 3.in accordance with the paragraph, the article mentioned about the accused, whose non-short-term prison sentence he was convicted of, was deferred .(c) the deprivation of Rights written in paragraph, the defendant has no place to apply only in terms of custody, guardianship or trusteeship powers over his subso, and these rights and powers related to those outside the subso must be deprived until the execution of the sentence is completed, without regard to the provision in writing,
4-failure to make a positive or negative decision about the subject matter of the case,
Contrary to the law, since the appeals of the deputy of the participating …administration have been considered in place in this respect, the provision is 8/1 of law 5320. in accordance with article 321 of Cmuk No. 1412 in force.her upset was decided by unanimous decision on 30.06.2016.
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