T.C. SUPREME COURT

6.Criminal Department
Base: 2015/4756
Decision: 2016/5637
Date of Decision: 30.06.2016

CRIME OF THEFT – THE REVOCATION OF THE RIGHT TO VOTE AND THE EXERCISE OF OTHER POLITICAL RIGHTS – CORRECTION AND APPROVAL OF THE PROVISION

ABSTRACT: The Constitutional Court’s decision dated 08.10.2015, dated 2014/140-2015/85 on the Basis and Decision No. 53/1-b of the TCK on the cancellation of the phrase “for exercising the right to choose, to be elected and other political rights” written in Article 53/1-b required a violation.

(5237 Pp. K. m. 53) (ANY. MAH. 08.10.2015 T. E. 2014/140 2015/85 K.)

Case and Decision: The decision made by the Local Court is being appealed; the Court of Cassation 17. According to the decision of the Criminal Department on the dismissal dated 24/06/2015, the file was sent to our department and the file was discussed according to the nature, type of punishment, duration and date of offense of the application:

UYAP in order from the registration of the victims whose lives are determined on 19.11.2010 from birth in the history of crime identified by the doctor’s report on whether it is able to defend himself, according to the results of the Penal Code 142/2-a substance should be considered by the evaluation of the defendant of the action of the aforementioned law 142/2-B), get organized, and get the goods on top by the understanding that creates the offence of theft due to any effect on the result would not be seen as the cause of the destruction has not been.

Since it is understood that there is no violation of procedure and law in admitting and qualifying that the crime was committed by the defendant, according to the content of the files and trial minutes, the legally valid and favorable evidence collected and discussed at the decision site, the justification and the discretion of the Board of Judges, other appeals were not considered on the spot.

But;

The accused is deprived of exercising the rights written in Article 53/1-a-b-c-d-e of the TCC until the execution of the prison sentence is completed, however, 53/3 of the TCC. if he is conditionally released in accordance with the article, it has been decided to terminate his deprivation of exercise of the rights listed in paragraph 53/1-c of the TCC on his own subsection, although; the decree No. 08.10.2015 days, 2014/140-2015/85 of the Constitutional Court, published in the Official Gazette dated 24.11.2015 and entered into force on the same date, as well as the statement written in Article 53/1-b of the TCK, “for exercising the right to elect, elect and other political rights”, has been canceled,

Since the appeals of the defendant’s defense were considered on the spot in this regard, the provision was involuntarily OVERTURNED for the reason described, since the reason for the violation does not require a retrial, Law No. 5320 8/1. article 322 of CMUK No. 1412. based on the authority granted by Article 53 of the TCC from the provision paragraph. the section on the application of the article was removed and replaced with “As a legal result of the defendant’s conviction with a prison sentence for a crime that he intentionally committed, Article 53/1 of the TCC. in terms of the application of article 53/2 of the same Law, (a, c, d and e) and (b) shall be deprived of the exercise of the electoral, electoral and other political rights written in subparagraphs; 53/2 of the same Law. from the point of view of the application of Article 53/1.electoral and other political rights written in paragraphs (a, c, d and e) and (b) of article (a, c, d and e), as well as in article 3 of the same. pursuant to paragraph (C) written in accordance with the lineage of their child custody, guardianship and powers was sentenced to a conditional release from imprisonment not use it until kayyimlik” of the sentence by writing the other aspects, procedures and corrected by the provision APPROVED in accordance with the law, it was decided unanimously on 30.06.2016.