21 Feb The Phrase Of Voting, Being Elected And Exercising Other Political Rights is Canceled
T.C. SUPREME
6.Criminal Division
Basis: 2015/4756
Decision: 2016/5637
Decision Date: 30.06.2016
THE OFFENCE OF THEFT-THE USE OF ELECTION AND OTHER POLITICAL RIGHTS-WAS ANNULLED AND THE PROVISION WAS CORRECTED AND UPHELD –
Summary: the Constitutional Court’s decision on 08.10.2015 day, 2014/140-2015/85, written in Article 53/1-B of the TCK, “election, election and other political rights to use” has been revoked.
(5237 P. K. m. 53) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)
Case and decision: the verdict given by The Local Court is appealed; Supreme Court 17. Sent to our department with the decision of the criminal Department on 24/06/2015, the file was discussed according to the nature of the application, the type of punishment, the duration and the date of the crime:
A victim who was found to have died on 19.11.2010 from a sample of the population taken from UYAP …is not considered to be able to defend himself on the date of the crime by a doctor’s report and should be evaluated by Article 142/2-a of the TCK according to the result, because it is understood that the defendant’s action constitutes a crime of theft by pulling out the hand and items carried on top, organized in Article 142/2-b of the said law, the reason for the violation was not considered effective.
According to the content of the files and the minutes of the hearing, the legally valid and favorable evidence, the justification and the discretion of the Board of judges, it is understood that there is no violation of the procedure and law in accepting and qualifying that the crime was committed by the defendant, other appeals were not considered in place.
But;
The accused shall be deprived of the exercise of the rights written in Article 53/1-a-b-c-d-e of the TCK until the execution of the prison sentence is completed, however, 53/3 of the TCK. if conditional release in accordance with article 53/1-c of the TCK on its own subso, it has been decided to terminate its deprivation of the use of the rights listed in paragraph 53/1-C.; 24.11.2015 published in the Official Gazette dated 08.10.2015 day of the Constitutional Court, 2014/140-2015/85 basic and decision numbered decision of the TCK 53/1-b article written,” election, election and other political rights to use ” the phrase has been canceled,
8/1 of law 5320, since the appeal of the defendant’s defense has been considered in this regard, the provision has been violated in violation of the request for the reason described, and the reason for the violation does not require a retrial. through Article 322 of Cmuk No. 1412. based on the authority granted by Article 53 of the TCK from the provision clause. “as a legal result of the conviction of the accused with a prison sentence for the crime he intentionally committed, the TCK is 53/1. from the point of view of the application of the article, (A, c, d and E) and (b) to the deprivation of the exercise of election, election and other political rights written in paragraph; 53/2 of the same law. 53/1.election and other political rights written in paragraphs (a, c, d and e) of Article (b) and Paragraph 3 of the same article. in accordance with the paragraph, (c) paragraph on his own sub-lineage, custody, custody and trustee powers written in the sentence” to use until conditional release from the prison sentence in which he was convicted ” by writing, other aspects, procedural and legal provision in accordance with the correction and approval, 30.06.2016 was unanimously decided.
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