Criminal Chamber
Principal Number: 2019/9401
Decision Number: 2021/722ta
“Justice Text”
Court: Criminal Court of First Instance
Crime: Reckless killing
Provision: 85/1, 62/1, 50/4 of the TCK. with reference to article 50/1-a, 52/2-3-4. conviction under articles
The judgment regarding the conviction of the accused for the crime of negligent killing was appealed by the defendant’s defense counsel and the attorney of the participants, and the file was examined and the necessary consideration was taken:
Rejection of the appeal objections regarding the amount of punishment of the defendant’s defense counsel, the amount of punishment in favor of the defendant’s counsel, the amount of punishment in favor of the defendant’s counsel, and the non-application of the favorable provisions, according to the trial held, the evidence gathered at the place of decision, the opinion and discretion of the court in accordance with the results of the prosecution; However;
While driving with the pickup truck under the administration of the defendant, in a residential area, in the daytime, on a two-way, curved, asphalt paved street with an icy surface, although it is compulsory according to its class, the vehicle does not have winter tires and the tires are not chained, and the vehicle slips 4.9 meters. In the event where, while he lost control of the steering wheel as a result of his loss of control, he caused the death of a person with full fault by not adjusting his current speed according to the road conditions, by hitting the pedestrian walking on the shoulder in the same direction, leaving the road from the left according to the direction of travel; 22/3 of the TCK numbered 5237, where the accused committed his act with conscious negligence. Failure to consider that an increase should be made pursuant to the article,
It was unanimously decided on 26/01/2021 that the judgment be quashed contrary to the request, pursuant to Article 321 of the Code of Criminal Procedure No. 1412, which is still in effect pursuant to Article 8 of Law No.
