T.C.
Supreme
1. Criminal Department

Principal No: 2014/1081
Decision No: 2014/3771
K. Date: 8.7.2014

The defendant Behçet defense and the participating Tolga deputy on appeal appeals of the defendants B. P. and S.. R.. they are accused of intentionally wounding Tolga, the child who was dragged into the crime.. T.. in the investigation of the provisions that were established about the victim Tolga without the intention of killing him.;
During the investigation phase, all defendants complained about the victim Tolga’s Gaziantep 17. The Court of First Instance Criminal Court 17.08.2010 determined in the court of the event on the coming of the expression of the accused Salman and Behçet by changing the expression of the complaint declared that he is not, the court of duty decision given by the court on the trial continued Gaziantep 3. In the statement determined by the High Criminal Court at the Hearing dated 28.10.2010, the defendants changed their statement due to threats and renounced the complaint, the other defendants complained to the other defendants and stated that the dossier had complained to the child Nesrin who had been dragged into the crime, in the same hearing, the Tolga, it is understood that the outcome of an investigation is demanded to be investigated, but the court has decided in written form to continue the trial without any investigation into this matter., after investigating and evaluating the allegations that Tolga was subjected to pressure by the defendants and had to renounce his complaint, a decision should be made about Tolga’s request to participate in the public trial for the defendants and the child who was dragged into the crime, and the legal situation of the defendants should be determined after this procedural,
As the appeals of the defendant Behçet defense and the participating Tolga deputy are seen in this regard, the provisions that are not examined in this regard are primarily for this reason and contrary to the opinion in the communiqué CMUK.nun 321.its dissolution under the clause was decided by unanimous decision on 08/07/2014.