T.C. SUPREME COURT

3.Criminal Department
Base: 2015/32553
Decision: 2016/15349
Date of Decision: 30.06.2016

CRIME OF WOUNDING – ALL TEMPORARY AND FINAL MEDICAL REPORTS OF THE VICTIM, HOSPITAL TREATMENT DOCUMENTS, FILMS AND GRAPHICS, AS WELL AS REFERRAL TO THE VICTIM’S FORENSIC MEDICAL INSTITUTION – THE NEED TO RECEIVE REPORTS ACCORDING TO THE CRITERIA ESTABLISHED IN THE LAW – VIOLATION OF THE PROVISION

ABSTRACT: All temporary and final medical reports belonging to the victim, hospital treatment documents, films and graphics, together with the victim should be sent to the Forensic Medical Institution and reported according to the criteria set out in the law, while the establishment of a provision in writing with an incomplete investigation required to be overturned.

(5237 P. K. m. 53, 86, 87) (ANY. MAH. 08.10.2015 T. E. 2014/140 2015/85 K.)

Case and Decision: The provisions issued by the local court are appealed and the documents are read;

It was discussed and considered as necessary;

1) ….. Dated 21/11/2013 university research and application hospital, according to the report, the victim was injured that wouldn’t heal with simple medical intervention, the head of Department of oral and maxillofacial surgery faculty of Dentistry 30/01/2014 dated according to the report, of the Penal Code and they are able to heal with simple medical intervention 87/2-b under or function of the senses in a way that gives rise to the loss of one of the organs were injured in the report by stating that the creation of conflict, according to the report dated 22/09/2014, it is not clear whether the tooth loss is pre-traumatic, while the last report organized by the same hospital again shows that the reports received for the loss of teeth in the victim are not sufficient to allow an audit, since this issue has been left to the discretion of the court; all temporary and final reports of the doctor belonging to the victim, along with hospital treatment documents, films and graphics, were sent to the victim’s Forensic Medical Institution and 86 and 87 of the TCC No. 5237. according to the criteria set out in the articles, a report should be received, while establishing a provision in writing with an incomplete investigation,

2) The decision of the Constitutional Court dated 24.11.2015 and entered into force by publication in the Official Gazette No. 29542 dated 08.10.2015 and No. 2014/1401- 2015/85 decision No. 5237 of the Turkish Commercial Code No. 53. 53 of the TCC No. 5237 due to the cancellation of some phrases in its article. there is an obligation to re-evaluate the legal status of the defendants in terms of the deprivation of rights specified in the article;

Since the appeals of the defendants were considered on the spot as of this moment, the decision was therefore made in accordance with Section 8/1 of Law 5320. article 321 of CMUK No. 1412, which is in force with Article. its DETERIORATION in accordance with the article was decided unanimously on the day of 30.06.2016.