1. Criminal Department 2020/3236 base , 2021/9523 decision
“text of jurisprudence”
COURT : Criminal Department
CRIMES : Premeditated murder, threat with a gun, damage to property, concealing evidence of a crime, assistance with premeditated murder
PROVISIONS :1) Butler 1. With the announcement of the Decision No. 2019/282 of the Criminal Court dated 10/09/2019 and based on 2018/336;
The defendant … about;
a) … 81/1 of TCK No. 5237 for the crime of premeditated murder. in accordance with the article, the provision on the punishment with a life sentence,
b) the provision on the punishment of 2 years in prison in accordance with Article 106/2-a of TCK No. 5237 for the crime of threatening with a weapon against …,
c) … 151/1 of the Turkish Commercial Code No. 5237 for the crime of damage to property against. in accordance with the article, the provision on punishment with a 4-month prison sentence,
The defendant … about;
a) 281/1 of the TCC No. 5237 for the crime of concealing evidence of a crime. in accordance with the article, the provision on the punishment with a prison sentence of 2 years and 6 months,
b) Acquittal in accordance with Article 223/2-e of CMK No. 5271 for the crime of intentionally helping to kill,
The defendant … about;
281/1 of the TCC No. 5237 for the crime of concealing criminal evidence. in accordance with the article, the provision on the punishment with a prison sentence of 2 years and 6 months,
2) The District Court of Justice 1 … on the fundamental rejection of applications for appeal. The decision of the Criminal Chamber dated 28/02/2020 and numbered 2020/300, Decision No. 2020/260
ON BEHALF OF THE TURKISH NATION
… District Court 1. 28/02/2020 and 2020/300 Basis, 2020/260 Decision No. 291 of CMK No. 5271 by the defendant’s defense attorney, participating … deputy of the decision of the Criminal Chamber No. 2020/2020. it is understood that it was appealed within the period specified in the article.
The file has been reviewed.
It was discussed and thought out as necessary:
100 Of Decree Law No. 696 on the request of the defendant’s defense for a trial examination. article 94 of the Law No. 7079. article 299 of CMK No. 5271, as amended by the article. in accordance with the article, it is considered appropriate to conduct an examination on file with a refusal in accordance with;
1) In the examination of the reasons for the appeal of the defendant’s defense against the provisions of the conviction established against the defendant … for the crimes of threatening with a gun and damaging property;
Given the amount and type of penalties imposed when the defendant No. 5271 CMK 286/2-a, in accordance with prison sentences of five years or less by the courts of first instance, regardless of the amount of criminal fines of appeal of the merits of the appeal for rejection because they are not able to appeal decisions of the Regional Justice Court, counsel for the defendant No. 5271 of Appeals CMK 298/1. refusal as requested in accordance with the article,
2) In the examination of the reasons for the appeal of the deputy … who participated in the provisions of the conviction established on the defendant … for the crimes of threatening with a gun and damaging property;
It is understood that the appeal request of the deputy of the participating … is related to the proof of the crime in the examination;
… District Court 1. Since there was no failure in the decision of the Criminal Chamber dated 28/02/2020 and based on 2020/300, Decision 2020/260 “On the fundamental rejection of appeals”, there was no refusal of the acting deputy of the CMK No. 5271 with the rejection of the reasons for the appeal that the act was an attempt to kill, 302/1 of the CMK No. 5271. in accordance with the article, the MAIN REFUSAL OF THE APPEAL REQUEST in violation of the request and THE CONFIRMATION OF THE PROVISIONS,
3) A conviction established on the accused … for premeditated murder, a conviction established on the accused … and … for concealing criminal evidence, a conviction established on the accused … for the acquittal provisions established on the charge of intentionally assisting in the murder of the accused … in the examination of the reasons for the appeal of the defendant’s defense, his deputy;
During the examination, it became clear that the appeal request of his deputy, who participated in the crimes of concealing criminal evidence, related to the possibility of a crime;
… District Court 1. Since there was no hit in the decision of the Criminal Chamber dated 28/02/2020 and dated 2020/300, November 2020/260 “On the fundamental rejection of appeals”, there was no hit in the decision of the defendant’s defense attorney; incomplete research was conducted, it was decided without discovery, the action remained within the limits of legitimate defense, there was no intent to kill the defendant, unfair reduction of motive should be applied, TCK 62. if the article is not applied without valid reason, the acting …; 302/1 of CMK No. 5271 with the rejection of the reasons for the appeal that were not seen on the spot that the crime of murder was designed and committed, the defendants Ramadan and Najib were also involved in the crime of murder, the power of attorney fee was determined to be incomplete, CMK No. 5271. in accordance with the article, in part contrary to the request, the MAIN REFUSAL OF APPEALS REQUESTS and the APPROVAL OF THE PROVISIONS, the REFUSAL of the request for release of the defendant’s defense, given the amount of punishment imposed and the time elapsed in detention,
The file was published in the Official Gazette on 28.02.2019 and entered into force 8 of the Law No. 7165. article 304/1 of the CMK No. 5271, as amended by Article 304. according to Article 1 of the Butler. As for the Criminal Court, an example of the declaration of the Supreme Court is the District Court No. 1. A unanimous decision was made on the day of 01.06.2021 to submit it to the Prosecutor General’s Office of the Supreme Court for submission to the Criminal Chamber.
