T.C. SUPREME COURT DECISION
7.Criminal Department
Base: 2015/7404
Decision: 2016/9043
Date of Decision: 30.06.2016
CRIME OF OPPOSITION TO LAW NO. 5607 – CANCELLATION OF SOME PARTS OF THE ARTICLE OF THE TCK BY THE DECISION OF THE CONSTITUTIONAL COURT PUBLISHED IN THE OFFICIAL GAZETTE – THERE IS AN OBLIGATION TO RE-EVALUATE THE ARTICLE – VIOLATION OF THE PROVISION
ABSTRACT: Due to the cancellation of some parts of the article of the TCC by the decision of the Constitutional Court, which entered into force by being published in the Official Gazette, the necessity to re-evaluate the said article required to be overturned.
(5237 P. K. m. 43, 53)
Case: The sentence given by the local court was appealed and the application was discussed and considered on behalf of the Turkish Nation after the file was read according to the nature, type of punishment, duration and date of the crime;
It has always been considered possible to make a decision on the items subject to the case submitted to the Customs Administration at the local location.
Although a public lawsuit has been filed against the defendant … TC number one …, the decision shows that there is an error that is corrected in the case of misspelling of the surname … and the place where it is registered with the population;
I.According to the defendant’s request for an appeal, the examination;
in the examination of the conviction provision established for the crime of opposition to Law No. 1.5607;
53/4 of the Turkish Commercial Code No. 5237. decision in writing about the defendant whose short-term imprisonment has been postponed in accordance with the article without regard to the fact that the provision of the first paragraph of the said article will not be applied,
Contrary to the law, Article 8 of Law No. 5320, since the defendant’s appeals are considered in place for these reasons and this does not require a retrial.article 322 of CMUK No. 1412, which is in force in accordance with its article.in accordance with Article 53 of the Turkish Commercial Code, the provisionby removing the section on the application of the article, other parts of the provision left exactly to be corrected and APPROVED,
in the examination of the conviction provision established for the crime of opposition to Law No. 2.4733;
a.in the public case filed on 10/01/2013 and 14/01/2013 against the Law No. 4733, the actions that do not have legal interruptions between them constitute a chain crime and the punishment to be given to the defendant is 43 of DEC 5237.according to the article, it is necessary to increase the penalty for each action separately in writing, without regard to the need for an increase,
b.24/11/2015 blog 29542 published in the Official Gazette numbered, date 08/10/2015 of the Constitutional Court, with the decision to cancel 2015/85 2014/140 principles and penal code Article No. 53 No. 5237.due to the cancellation of some parts of the article, there is an obligation to re-evaluate this article,
Contrary to the law, since the defendant’s appeals are considered to be in place as of this moment, the provision is 8/1 of Law No. 5320.article 321 of CMUK No. 1412, which is in force in accordance with its article.DETERIORATION in accordance with article,
II.According to the defendant’s request for an appeal, the examination;
in the examination of the conviction provision established for the crime of opposition to Law No. 1.5607;
The cases against the defendant due to similar actions in terms of UYAP records made in the review, according to the main aspect involved in the case 2014/29517 our apartment macaroon registered in the queue, … 2013/208 principles and decision 2013/341 Criminal Court No. in the file, due to an indictment has been issued considering similar action on 07/03/2013 dated 31/12/2012 crime where the defendant’s acts under the provisions of penal code in terms of determining whether or not there 43/1, failure to observe that after the subject matter of the appeal review of the aforementioned file is combined with this file, all the evidence should be evaluated together and a verdict should be established according to the result,
in the examination of the conviction provision established for the crime of opposition to Law No. 2.4733;
a.in the public case filed on 10/03/2013 and 14/03/2013 for Opposition to Law 4733, the actions between which there are no legal deductions constitute a chain crime and the punishment to be given to the accused is 43 of DEC 5237.according to the article, it is necessary to increase the penalty for each action separately in writing, without regard to the need for an increase,
b.24/11/2015 blog 29542 published in the Official Gazette numbered, date 08/10/2015 of the Constitutional Court, with the decision to cancel 2015/85 2014/140 principles and penal code Article No. 53 No. 5237.due to the cancellation of some parts of the article, there is an obligation to re-evaluate this article,
Contrary to the law, since the defendant’s appeals are considered to be in place as of this moment, other matters are not examined in the provision of Law 8/1 of Law No. 5320.article 321 of CMUK No. 1412, which is in force in accordance with its article.in accordance with the article, the BREAKDOWN was decided, unanimously, on 30.06.2016. (¤¤)
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