T.C.
SUPREME COURT
4.CRIMINAL DEPARTMENT 2006/5382 2006/13684 11.7.2006
PASSIVE RESISTANCE TO THE DUTY OFFICER (Causing Difficulty in Order Not to Get into the Police Vehicle and Trying to Escape – The Act of Passive Resistance Is No Longer a Crime / The Need to be Acquitted )
PASSIVE RESISTANCE ( Due to the Fact that His Act Has Been Removed from Being a Crime / The Need to Be Acquitted – Causing Difficulties and Trying to Escape so As Not to Get into a Police Vehicle)
CAUSING DIFFICULTIES AND TRYING TO ESCAPE SO AS NOT TO GET INTO THE POLICE VEHICLE (Passive Resistance to the Duty Officer – Where the Act of Passive Resistance Is No Longer a Crime)
RESISTANCE TO THE OFFICER (Causing Difficulties in Order Not to Get into the Police Vehicle and Trying to Escape – The Act of Passive Resistance Is No Longer a Crime / The Need to be Acquitted )
765/m.260
5237/m.265
ABSTRACT: Due to the fact that the accused did not give his identity, he wanted to get away while being put in a squad car and the police officer who wanted to prevent him from doing so, in the act of injuring the accused through his own fault, even if he had no action; the act of causing difficulty and trying to escape in order not to get into the vehicle constitutes a passive resistance offence provided for in TCK No. 765, TCY No. 5237.nin 265.in order not to perform the task by algebra and threat, the crime of resisting has been regulated in the article, and the actions of passive nature that do not contain algebra and threat that people perform against the official are not considered a crime.
CASE: 4 of the Law No. 260 of the Turkish Penal Code No. 765 on the Execution of Sentences No. 647 on the accused for resisting the duty officer. according to the articles, 77 USD. regarding the punishment with a judicial fine, B. 1. 25.5.2006 day and 22134 law issued by the Ministry of Justice against the decision of the Criminal Court of First Instance dated 20.12.2005 and numbered 2004/215 and numbered 2005/853 law No. 22134 on the request to overturn the order of the Supreme Court C.With the notification of the Prosecutor General’s Office dated 14.6.2006 and numbered 120203, the case file was sent to the Department and examined and discussed as necessary:
DECISION: In the communiqué “According to the scope of the file, the defendant is charged with passive strength due to TCK No. 765.260 of the Law, which is referred to as a bet because it is more favorable.according to the article, the provision of conviction is established, the court asked the police officer in charge of the defendant’s actions but didn’t want to give away the identity of identity when wanting to get the acceptance in the face of violence in the event on the element of algebra and when given the absence of action are not governed taking into account that the Turkish Penal Code No. 5237, there were no hits in issuing a written verdict of conviction instead of acquittal of the accused. it is said that “.
Due to the fact that the accused did not give his identity, he wanted to get away while he was put in a squad car, and the police who wanted to prevent this, the victim was injured through his own fault, even though the accused did not have any action; TCY 765 of the act of causing difficulties and trying to escape so as not to get into the vehicle.nin 260. the TCY No. 5237, which entered into force on 1.6.2005, constitutes the offence of passive resistance provided for in its article.nin 265.in order not to perform the task by algebra and threat, the crime of resisting was regulated in the article and the thoughts in the communiqué were seen in place as it was understood that the passive acts of algebra and non-threatening actions of people against the official were not accepted as a crime.
CONCLUSION : TCY No. 765.nin 260.article 5237 of the Turkish Commercial Code.nin 265.based on the opinion that it is in the best interests of the accused compared to Article 260. the provision established by applying the article is CMY No. 5271.in accordance with Article 309/1-3 of the Law, since the act of passive resistance was removed from being a crime by TCY 5237, the defendant’s acquittal for the crime charged, the punishment imposed was not suspended, it was unanimously decided on 11.7.2006.
