19 Mar TRANSFER OF A CRIMINAL CASE TO ANOTHER SERIOUS CRIMINAL COURT- A DECISION OF THE SUPREME COURT OF CASSATION ON THE TRANSFER OF A CASE ON THE GROUNDS OF PUBLIC SAFETY
T.C. Court of Cassation 5. Criminal Department Base No:2015/4128 Decision No:2015/7594 Decision Date:25.2.2015
Defendant K.. C.. about possible caste manslaughter, possible caste and gunshot wounds, violation of Law No. 6136 and threats, other defendants A.. T.., A.. K.., He.. E.., A.. C.., O.. E.., He.. E.., E.. E.., M.. T.., I.. E.. and A.. K.. 19/2 of the CMK of the public case No. 2014/1501, which is being considered in the Tunceli High Criminal Court for threatening crimes against their rights. according to article 75723908-104-0017-2015 of the General Directorate of Criminal Affairs of the Ministry of Justice, which contains a request for transfer to another place of Serious Criminal Court on the grounds of public security and an october of 75723908-104-0017 and 435-11067 of the Supreme Court C.The letter of the Prosecutor General’s Office dated 24/02/2015 and numbered ND- 2015/66860 was sent to our apartment and examined and considered necessary:
In this type of Governor of Tunceli 28/01/2015 40426338-530-467 dated; the observance of the first day of hearing 05/12/2014 Tunceli Criminal Court, the Provincial Public Security Branch Directorate in connection with the case in question by the Directorate of security appropriate security measures were taken, approximately 30 person attended the trial, the defendant’s first trial detention K.. C..’s through UYAP that rested by the court via teleconference, the case between the parties participating in any negative situation that happened, and last name of the defendant in the case to face any adverse situation of joining other teleconference hearings to determine whether the method were evaluated, but in the case of the defendant himself under arrest to trial joining the sectarian differences between the parties, the demographic structure of Tunceli province, are taken into account the experiences gained from events that occurred before and during the trial that there is the possibility of experiencing a social event, in this context, it is stated that if the testimony of the detained defendant is taken by teleconference method in the ongoing hearings, there will be no negativity, but if he physically participates in the hearings (such as murder, kidnapping, mayhem or social incident during the defendant’s being brought from prison to the courthouse), there may be organizational events that violate public security, so it will be appropriate to transfer the case,
The Tunceli Public Prosecutor’s Office dated 29/01/2015 and issued a B.M. in its article No. 2014/1830; Considering the opinion of the governor’s office that the transfer of the case will be appropriate due to public safety, CMK’s 19/2. according to the article based on the Heavy Penal Court in the case of registered during 2014/150 Tunceli of the public safety due to the transport tribunal that it would be appropriate to another place, however 29/12/2014 report the file mentioned in the same numbered day and can be seen through the case, which requires public security reported that due to a cause that does not have a transplant performed by considering in;
19/2 of the CMK of the transfer of the case due to public safety. article 19 of the General Directorate of Criminal Affairs of the Ministry of Justice dated 01/01/2006, as regulated by no.lu the circular also explains the actions to be taken if the case is requested to be transferred due to public safety,
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 to be transferred was held in Tunceli province, the defense of the accused in custody was determined by the Audio and Video Information System (SEGBIS), CMK 147/1-h and 196/4. as the articles of the court respond to this situation, many of the defendants, victims and witnesses are heard, no adverse events occur at this stage, as well as the fact that an incident related to the trial of this case is not foreseen in the Governor’s office, the court has no request for transfer, the trial stage where the current case is located, the dec interim decision and proceedings are taken into account, and the economics of the case and the principle of the judge are also considered, there is no situation that would endanger serious, close and public safety in the sense sought by the law, 19/2 of the CMK, when the possibilities of the Tunceli provincial police forces to prevent possible incidents of hakeza are also evaluated together. for the reasons described, the Ministry of Justice General Directorate of Criminal Affairs rejected the request of the Tunceli Heavy Criminal Court to transfer the public case registered on the basis of 2014/150 to another Heavy Criminal Court, the file was sent to the Court of Cassation C for consideration and execution by the court of subsequent proceedings.The transfer to the Prosecutor General’s Office was made unanimously on 25/02/2015.
You can read others by clicking here.
No Comments