THE DECISION THAT THERE IS NO NEED TO IMPOSE A PENALTY - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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THE DECISION THAT THERE IS NO NEED TO IMPOSE A PENALTY

08 Jul THE DECISION THAT THERE IS NO NEED TO IMPOSE A PENALTY

Posted at 16:03h in INFORMATION by
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CMK 223/3 and 223/4 have also been issued regarding the fact that there is no place for punishment. The decision that there is no place for imposing a punishment is based on the fact that the defendant committed the typical act that is considered a crime, but did not have a defect (CMK .223/3. article) and in some cases an obstacle to punishment (CMK 223/4. article) is given. According to CMK 223/3, there is no defect;

Age-related inferiority (TCK 31. substance)
Mental illness (TCK 32. substance)
Deaf and dumb (TCK 33. substance)
Finding temporary reasons (TCK 34. substance)
The committed crime is committed in violation of the law, but in accordance with the fulfillment of a binding order (TCK 24/2. substance)
The commission of the committed crime in case of necessity (TCK 25/2. substance)
The committed crime is committed by algebra or threat effect (TCK 28. substance)
Exceeding the limit in self-defense due to excitement, fear and bustle (TCK 27/2. substance)
Deduction of the error that eliminates the defect (TCK 30/3. substance)
in such cases, it is decided that there is no place for punishment due to the absence of defects. 4 Of the same article. in the paragraph, on the other hand, situations that prevent punishment are shown, and in these cases, it is stated that a decision will be made that there is no place for punishment. According to the relevant regulation, although the act committed by the defendant continues to be a crime;

Effective remorse(TCK 93, 192, 201, 254, 274. matter, etc.)
The existence of a reason for personal impunity (TCK 22, 167, 245. substance)
Mutual insult(TCK 129. substance)
The inadequacy of the unfair content of the verb being committed (TCK 145. substance)
in cases where punishment cannot be given to the accused for such reasons, the court decides that there is no place for punishment to be given to the accused. (CMK 223/4.substance)

In order to be able to decide that there is no room for punishment, a decision other than an acquittal, a stop, a fall may not be made as a result of the criminal trial conducted against the defendant, as well as a conviction. If a decision other than a conviction is to be made, it cannot be decided that there is no longer room for punishment. In other words, if it is fixed that the accused committed the act, it is decided that there is no room for punishment.

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