Sentencing

Conviction is the decision given when the crime charged to the accused is proven. (Article 223/5 of the Criminal Procedure Code). In order for a conviction to be given, the act committed by the accused must be counted as a crime in the law on the date of the verdict.

The conviction must be reasoned. A reasoned decision is a detailed decision written by the criminal courts in order to explain the legal reasons for which the judgment was made by evaluating the claim and defense, facts, evidence and demands.

The justification for the conviction includes the following matters (Criminal Procedure Law Article 230/1):

Claims and arguments made in defense
During the whole trial, the claim and defense party expresses their opinions about the criminal dispute, which is the subject of the indictment and the trial, verbally or in writing, in the court. In the sentence of conviction, the opinions of the claimant and the defense party on the subject of the criminal case and the dispute should be outlined. In this way, whether it proceeds in accordance with the thesis, antithesis and synthesis triad, which is the logic of criminal proceedings, is checked by the decision of conviction.

Discussing and evaluating the evidence
Discussing and evaluating the evidence is the most important part of the conviction decision. The criminal court should discuss all kinds of evidence that helps to prove the crime that is the subject of the trial, and evaluate it by stating its importance in terms of proof. In the justification for the conviction decision, the evidence that was taken as a basis for the decision and that was rejected should be stated. Evidence based on the judgment; Proving the clause of the sentence, acquittal, conviction, etc. of the verdict. is the evidence for its formation. Rejected evidence should also be shown in the conviction decision. Evidence to be presented and discussed at the hearing is rejected in the following cases (Criminal Procedure Law Article 206/2):

If the evidence was obtained illegally,
If the event to be proved with evidence does not have an effect on the decision,
If the request is made only to prolong the case.
Evidence contained in the file and obtained by unlawful methods must be clearly stated in the conviction decision.

the conclusion reached
The conclusion reached by the court at the end of the criminal proceedings, the act of the accused that is determined to have constituted a crime and its characterization should be shown in the conviction decision. The penalty should be determined in accordance with the order and principles determined in accordance with the relevant articles of the Turkish Penal Code, taking into account the demands put forward by the parties.

Basis for Decision on Customization Agencies and Additional Security Measures
The grounds for the suspension of the sentence, the conversion of the prison sentence to a judicial fine or one of the measures, the implementation of additional security measures, or the acceptance or rejection of the requests regarding these issues should be included in the justification of the conviction decision.

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