T.C. SUPREME COURT DECISION
Date of Decision: 30.06.2016
THE CRIME OF THREATENING WITH A WEAPON – BY THE DECISION OF THE CONSTITUTIONAL COURT, THE CLAUSE WRITTEN IN THE ARTICLE OF THE TCK IS CANCELED FOR THE EXERCISE OF THE RIGHT TO ELECT AND OTHER POLITICAL RIGHTS – CORRECTION AND APPROVAL OF THE PROVISION
ABSTRACT: The fact that the Constitutional Court’s decision No. 08.10.2015 of the day, 2014/140-2015/85 and the phrase “for exercising election, election and other political rights”, written in Article 53/1-b of the TCC, was canceled on 08.10.2015 required correction and approval of the provision.
(5237 P. K. m. 53) (5320 p. K. m. 8) (ANY. MAH. 08.10.2015 T. E. 2014/140 2015/85 K.)
Case and Decision: The decision made by the Local Court is appealed; the Court of Cassation 17. According to the decision of the Criminal Department on 20/05/2015 on dismissal, the file was sent to the Department and the file was discussed according to the nature, type of punishment, duration and date of offense of the application:
I- In the examination of the provisions established on the accused for acts of willful wounding against the victims … and …;
Provisional Article 2, added by law No. 6217 to the Law on the Mode of Enforcement and Application of the Criminal Procedure Code, which entered into force on the date of its provision and entered into force on 14.04.2011 in accordance with the amount of judicial fines directly assigned. since it is final in accordance with article 8 of law No. 5320 and appeal is not possible, the defendant … requests the defense to appeal 8/1 of the law No. 5320. according to Article 317 of CMUK No. 1412. refusal to comply with the request in accordance with the article,
II- In the examination of the provision established on the accused for the crime of threatening with a weapon;
Since it is understood that there is no violation of procedure and law in admitting and qualifying that the crime was committed by the defendant, according to the content of the files and trial minutes, the legally valid and favorable evidence collected and discussed at the decision site, the justification and the discretion of the Board of Judges, other appeals were not considered on the spot.
The accused is deprived of exercising the rights set forth in Article 53/1-a-b-c-d-e of the TCC until the execution of the prison sentence is completed, however, the Article 53/3 of the TCK does not apply to the deprivation of the right to use the rights written in Article 53/1-a-b-c-d-e of the TCK. if he is conditionally released in accordance with the article, it has been decided to terminate his deprivation of exercise of the rights listed in paragraph 53/1-c of the TCC on his own subsection, although; the decree No. 08.10.2015 days, 2014/140-2015/85 of the Constitutional Court, published in the Official Gazette dated 24.11.2015 and entered into force on the same date, as well as the statement written in Article 53/1-b of the TCK, “for exercising the right to elect, elect and other political rights”, has been canceled,
Conclusion: Since the appeals of the defendant’s defense, which required a reversal, were considered on the spot in this regard, the provision was involuntarily OVERTURNED for the reason described, since the reason for the reversal does not require a retrial, Law No. 5320 8/1. article 322 of the CMUK No. 1412. based on the authority granted by Article 53 of the TCC from the provision paragraph. the section on the application of the article has been removed and replaced with “As a legal result of the defendant’s conviction with imprisonment for a crime he has intentionally committed, Article 53/1 of the Turkish Commercial Code. in terms of the application of article 53/2 of the same Law, in terms of deprivation of the right to vote, election and other political rights written in subparagraphs (a, c, d and e) and subparagraphs (b). from the point of view of the application of Article 53/1. electoral and other political rights written in paragraphs (a, c, d and e) and (b) of article (a, c, d and e), as well as in article 3 of the same. pursuant to paragraph (C) in accordance with their descendants written on custody, guardianship and powers until a conditional release from imprisonment and was sentenced kayyimlik not to use it” by writing a sentence other aspects, procedures and corrected by the provision APPROVED in accordance with the law, it was decided unanimously on 30.06.2016. (¤¤)