Supreme Court of the Republic of Turkey
7. Criminal Chamber
Basis: 2015/7404
Decision: 2016/9043
Decision Date: 30.06.2016
THE CRIME OF OBJECTING THE LAW NUMBER 5607 – CANCELLATION OF SOME SECTIONS OF THE TPC ARTICLE BY THE CONSTITUTIONAL COURT DECISION ENTERED INTO FORCE BY PUBLISHED IN THE OFFICIAL GAZETTE – OBLIGATION FOR RE-EVALUATION OF THE ARTICLE
ABSTRACT: Due to the cancellation of some parts of the Turkish Penal Code article by the decision of the Constitutional Court, which came into force after being published in the Official Gazette, the necessity of re-evaluating the aforementioned article necessitated reversal.
Litigation: By appealing the judgment rendered by the local court; After the file was read according to the nature of the application, the type of punishment, its duration and the date of the crime, the necessity was discussed and considered on behalf of the Turkish Nation;
It has always been possible to make a decision on the spot about the goods that are the subject of the case delivered to the Customs Administration.
Although a public lawsuit was filed against the accused … TR numbered …, it is seen that there is a correctable mistake in the decision where his surname … and where he is registered to the population is written incorrectly;
I. In the examination made according to the defendant’s appeal request;
In the examination made on the sentence of conviction established for the crime of violating the Law No. 1.5607;
Turkish Penal Code No. 5237 53/4. Making a written decision about the accused, whose short-term prison sentence is suspended in accordance with the article, without considering that the provision of the first paragraph of the aforementioned article will not be applied,
Since the objections of the accused are unlawful and the defendant’s objections are deemed appropriate for these reasons and this issue does not require a retrial, in accordance with Article 322 of the Criminal Procedure Law No. 1412 in force pursuant to Article 8 of the Law No. APPROVED by correcting the provision left as it is,
In the examination made on the conviction sentence established for the crime of violating the Law No. 2.4733;
a. In the civil lawsuit filed on 10/01/2013 and 14/01/2013 for the crime of Law No. 4733, the actions without legal interruption between them constitute a chain crime and the punishment to be given to the accused must be increased according to Article 43 of the Turkish Penal Code No. 5237. separate punishment for each action,
b. With the annulment decision of the Constitutional Court dated 08/10/2015, basis 2014/140 and numbered 2015/85, which was published in the Official Gazette dated 24/11/2015 and numbered 29542, some parts of the 53rd article of the Turkish penal code numbered 5237. There is an obligation to re-evaluate the aforementioned article due to its cancellation,
As it is unlawful and the defendant’s appeals are deemed appropriate in this respect, the verdict is OVERFINED pursuant to Article 321 of the Criminal Procedure Law No. 1412, which is in force pursuant to Article 8/1 of the Law No. 5320,
II. In the examination carried out according to the defendant’s appeal request;
In the examination made on the sentence of conviction established for the crime of violating the Law No. 1.5607;
According to the examination made in the Uyap records regarding the lawsuits filed against the accused due to similar actions, in terms of the sleeves subject to the case, it was registered in the 2014/29517 main line of our Department, … In the file of the Criminal Court of First Instance with the file number 2013/208 and decision no 2013/341, the crime Considering that an indictment was issued on 07/03/2013 due to a similar action dated 07/03/2013, in order to determine whether the defendant’s actions remain within the scope of Article 43/1 of the Turkish Penal Code, it is not observed that after the aforementioned file is combined with this file, which is the subject of the appeal review, all the evidence should be evaluated together and a judgment should be made according to the result. ,
In the examination made on the conviction sentence established for the crime of violating the Law No. 2.4733;
a. In the public lawsuit filed on 10/03/2013 and 14/03/2013 for the crime of Opposition to the Law No. 4733, without considering that actions without legal interruption constitute a chain crime and that the penalty to be given to the accused should be increased according to Article 43 of the Turkish Penal Code No. 5237. imposing a separate penalty for each action in written form,
b. With the annulment decision of the Constitutional Court dated 08/10/2015, basis 2014/140 and numbered 2015/85, which was published in the Official Gazette dated 24/11/2015 and numbered 29542, some parts of the 53rd article of the Turkish penal code numbered 5237. There is an obligation to re-evaluate the aforementioned article due to its cancellation,
It was unanimously decided on 30.06.2016 that the verdict, which was unlawful and the defendant’s appeal objections were deemed appropriate, to be overturned in accordance with Article 321 of the Law No.
