4. Criminal Department 2020/1991 E. , 2020/10523 K.
“Text of Jurisprudence”
106/1, 43/2 and 62/1 of the Turkish Penal Code No. 5237 of the accused … for the crime of threatening. according to the articles of the Army on punishment with a prison sentence of 6 months and 7 days 2. 12/12/2019 Criminal Court, dated 2018/909 based on the decision of 2019/804 high 94660652-105-52-3394-2020 the General Directorate of criminal affairs and the Ministry of Justice, 25/03/2020 worded day-Puk No. prompts, chief prosecutor of the Supreme Court’s notice to the apartment with the idea of ruining that contains 2020/41982 No. 06/05/2020 day and appears to have been sent, though the file has been reviewed:
In the prompt article; “According to the scope of the file;
As explained in decision No. 259 of 2009/9 dated 02/03/2010 and decision No. 2010/47 of the Criminal General Assembly of the Supreme Court, Article 265 of the Turkish Criminal Code No. 5237. the item held in the task to be done is a crime, and the crime of resisting an optional movable civil servant in order to keep him from doing his duty, algebra and/or Crime has occurred with the use of threat, where the defendant was intoxicated and in a concrete case that the inconvenience of the people, by the guards in charge insults and threats during identity checks to guard from the side, although it appears that the defendant’s actions as a whole creates a threat and insult to thwart crimes by a Resistance mission, 42 of law 5237. in its article, “A crime that is considered a single act because one constitutes the element or aggravating cause of the other is called a compound crime. The provisions of the case law do not apply to such crimes.”in comparison with the regulation in the form of “there was no hit in establishing a conviction provision in writing without taking into account that the defendant cannot be decided to be punished separately for the threat crime that remains an element of the effective resistance crime. it is said that “.
Legal Assessment:
265/1 of the Turkish Penal Code entitled “Resisting the duty not to do so”. article; “A person who uses algebra or threats to prevent him from doing his job against a public official is punished with a prison sentence of six months to three years. it has the form “.
article 42 of the Turkish Penal Code No. 5237. in the article, compound crime is defined. according to the article; “A crime that is considered a single act because one constitutes the element or aggravating cause of the other is called an even crime. The provisions of the case law do not apply to such crimes.”
Considering the scope of the file, the request to break the benefit of the law and all these explanations together;
265/1 of the Turkish Criminal Code No. 5237. in the article “A person who uses algebra or threats to prevent him from doing his job against a public official is punished with a prison sentence of six months to three years.” when the regulation is taken into consideration, the act of threat is considered to be an element of the crime of resisting in order not to perform the task due to the fact that Law No. 5237 42. according to the article, it is clear that a conviction cannot be established for the crime of threatening as well.
For the reasons described, the accused of threatening … is required to comply with Articles 106/1, 43/2 and 62/1 of the Turkish Penal Code No. 5237. according to the articles of the Army for his conviction with a prison sentence of 6 months and 7 days 2. There are no hits in the decision of the Criminal Court of First Instance dated 12/12/2019 and based on 2018/909 and numbered 2019/804.
Conclusion and Decision:
For the reasons described above;
1-Since the reason for the violation contained in the notice issued by the Prosecutor General’s Office of the Supreme Court regarding the request to violate the law for the benefit of the Army 2, established for threatening crimes, since the reason for the violation is seen on the spot. 309 of the Criminal Procedure Code No. 5271 of the finalized decision of the Criminal Court of First Instance dated 12/12/2019 and based on 2018/909, No. 2019/804, dated 12/12/2019. DETERIORATION in accordance with the article,
2-Prohibition of repetition of the proceedings and in accordance with paragraph 4-d of the same article of the Law;
265/1 of the Turkish Criminal Code No. 5237. in the article “A person who uses algebra or threats to prevent him from doing his job against a public official is punished with a prison sentence of six months to three years.” given the evil eye arrangement, due to the fact that the act of threat is an element of the crime of resisting in order not to perform the task, it was unanimously decided on 05/10/2020 to ABOLISH the sentence of 6 months and 7 days in prison sentenced for threatening the accused ….