T.C. SUPREME

10.Criminal Division
Principal: 2015/5917
Verdict: 2016/2073
Decision Date: 29.06.2016

CRIME OF TRAFFICKING OR SUPPLYING DRUGS OR STIMULANTS – COMPLIANCE WITH THE AUDIT PERIOD AND POSSIBLE DISMISSAL OF THE CASE IF IT COMPLIES – FAILURE TO OBSERVE THAT THE CONVICTION CANNOT BE BASED ON REPETITION – VIOLATION OF THE PROVISION

Abstract: in respect of the completed provisions, it is necessary to adapt and decide to leave the disclosure of the provision, and since there is a possibility that the case will be dropped if it complies with the audit period, it is necessary to overturn this conviction.

(5237 P. K. m. 53, 191)

Case and verdict: file reviewed.

As Necessary, Discussed And Considered:

Failure to write a criminal history in the title of the reasoned decision was considered a material error that could be corrected by the court.

On appeal, the court of Criminal Appeals issued by the General Assembly of reversal abide by the decision of the trial of transactions in accordance with the law in the process where the evidence is discussed and shown in the reasoned decision of conscientious certain documents and data in accordance with the information in the file of blood on which it is based, it has been detected that is performed by action of the defendant, the action that fits with the type of crime other than those specified below correctly determined it is understood that because of sanctions, appeals the denial of Appeal that are not seen in any other place, however,;

1-after the provision 24.11.2015 date and 29542 numbered Official Gazette published and entered into force of the Constitutional Court 08.10.2015 dated 2014/140 basis and 2015/85 decision no., 5237 numbered TCK 53. due to the cancellation of certain provisions of the article, in terms of the application of this article, it is necessary to re-determine the status of the accused,

2-Fatih 2, based on the repetition of the accused. Magistrates ‘ Court on the charge of drug possession for use by Decision dated 22.04.2011 2011/197 2011/634 principles and 10 months in prison, fines, probation, and treatment with 6000 TL translated from Named where the decision is made on the implementation of the obligations and principles and for failing to meet the defendant’s date of decision Decision No. 6000 TL 07/10/2011 2011/197 additional execution 2011/634 just decided to criminal fines and a prison sentence of as the equivalent of 6000 TL 300 days of this decision is understood to have been executed on 25/05/2012. 85 of act 6545. provisional Article 2 added to Law No. 5320. article ” as of the date of entry into force of this law, it is decided to withdraw the disclosure of the provision in accordance with the provisions of Article 191 in relation to persons who have not previously applied probation or treatment measures in prosecutions for the crime defined in Article 191 of the Turkish Criminal Code.”it has been said. Accordingly, it is necessary to adapt and decide on the release of the provision in relation to the provisions that have been finalized, and since there is a possibility that the case will be dropped if it meets the audit period and complies, it is not observed that this conviction cannot be based on repetition,

Because the defendant’s appeals were therefore considered in place, the sentence was overturned; however, this was not the case until a retrial was held in Cmuk’s 322. as it is possible to correct in accordance with the article,

1-53 of the TCK. “according to the state formed after the cancellation decision of the Constitutional Court dated 08.10.2015, about the defendant, TCK 53. Articles 1 and 2. 3 with anecdotes. application of the first sentence of the paragraph ” writing the phrase,

2 – removal of the section on the practice of repetition from the provision clause,

A unanimous decision was made on 29.06.2016 to correct and uphold the provision.