07 Nov Transfer Of a Criminal Case To Another Aggravated Felony Court
T.C. Supreme Court 5. Department Of The Penal Code No: 2015/4128 Decision No: 2015/7594 D. Date: 25.2.2015
Defendant K.. O.. about possible manslaughter by caste, possible wounding by caste and weapon, violation and threat of law 6136, other defendants A.. T.., A.. K.., He.. E.., A.. O.., O.. E.., He.. E.., E.. E.., M.. T.., I.. E.. and a.. K.. 19/2 of the CMK of the public case 2014/150, which is being heard in the Tunceli High Criminal Court for threatening crimes. in accordance with the article 17/02/2015 of the General Directorate of Criminal Affairs of the Ministry of Justice, which includes the request to transfer to another Heavy Criminal Court on the grounds of Public Security, and the letter 75723908-104-0017-2015-435/11067 and the document in the annex of the Supreme Court C.Attorney general’s office 24/02/2015 day and ND-2015/66860 with the letter sent to our apartment was examined and considered necessary:
28/01/2015 dated and 40426338-530-467 numbered article of the Tunceli governorship; 05/12/2014 on the first hearing was held in the Tunceli Criminal Court, Provincial Police Department Public Security Branch Directorate in relation to the case in question, the necessary security measures were taken, the hearing was attended by about 30 people,. O..if the accused participates in other hearings by teleconference, there is a possibility that there will be a social event during the trial, but if the accused participates in the trial in person, there will be sectarian differences between the parties, the demographic structure of Tunceli province, and the experience obtained from previous events, taking into account the evil eye, in this context, it is stated that if the testimony of the accused in the ongoing hearings is taken by teleconference, there will be no negativity, but if he physically participates in the hearings (such as murder, kidnapping, mayhem or social events during the Bringing of the accused from prison to the courthouse), there may be incidents that will violate public security, so it will be appropriate to transfer the case,
Tunceli Public Prosecutor’s office dated 29/01/2015 and B.M. In Article 2014/1830, the Governor’s office stated that it would be appropriate to transfer the case for public safety reasons, and that the CMK was 19/2. according to the article of the Tunceli Heavy Criminal Court 2014/150 it will be appropriate to transfer the case registered during the basis to another place Court due to public safety, but 29/12/2014 day and the same number fezlekede requires the transfer of the case due to public safety, given that there is no reason;
19/2 of the CMK that the case was transferred for public safety reasons. 01/01/2006 date and 19 of the General Directorate of Criminal Affairs of the Ministry of Justice no.lu circular also explains the actions to be taken if the case is requested for public safety reasons,
The governor’s letter does not contain any negativity in taking measures related to the case and ensuring security, the first hearing of the case, which is supposed to be transferred, was seen in the province of Tunceli, the defense of the accused prisoner was detected using the audio and video Information System (SEGBIS), CMK 147/1-h and 196/4. however, the court does not have a transfer request, the court stage in which the current case is located, the prescribed interim decision and procedures are taken into consideration, and given the economics of the case and the principle of the judge, there is no serious, imminent and no situation that would endanger public safety in the sense sought by the law…………… decisively……………, 19/2 of the CMK when the possibilities for preventing possible incidents in hakeza are also evaluated together. for the reasons described, the General Directorate of Criminal Affairs of the Ministry of Justice rejected the request of the Tunceli Heavy Criminal Court for the transfer of the public case registered on the basis of 2014/150 to another Heavy Criminal Court, to be sent to the district for evaluation and execution by the court of subsequent proceedings.His appointment as attorney general was unanimously decided on 25/02/2015.
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