Acquittal Instead Of Conviction Of The Accused Acting In Collaboration And Cooperation With The Other Accused
T.C. JUDICIARY
6th Criminal Chamber
Main: 2013/31702
Decision: 2016/5652
Date of Decision: 16.06.2016
OFFENSE OF PLUNDER – ACQUITTAL INSTEAD OF CONVICTION FOR THE DEFENDANT WHO ACTED IN COOPERATION WITH THE OTHER DEFENDANTS – REVERSAL OF THE VERDICT
SUMMARY: In the judgment established against the defendant who was charged with the crime of looting, it required a reversal to give a verdict of acquittal instead of a verdict of conviction for the defendant who acted in cooperation with the other defendants. It is decided to revoke the verdict.
(5237 S. K. art. 53) (ANY. COURT. 08.10.2015 T 2014/140 E. 2015/85 K.)
Case and Decision: The judgment given by the Local Court was appealed; the file was discussed according to the nature of the appeal, type of punishment, duration and date of offense:
I-) In the examination of the appellate objections to the verdict for the offense of threat against the defendants …, … and ….:
According to the contents of the file and the minutes of the hearing, the legally valid and favorable evidence collected and examined and discussed at the decision, the reasoning and the discretion of the Board of Judges, since it is understood that there is no violation of the procedure and the law in the acceptance and characterization of the crime committed by the defendants, other appellate objections have not been deemed relevant.
However;
Although it was decided to deprive the defendants from using the rights written in Article 53/1-a-b-c-d-e of the TCC until the execution of the prison sentence is completed, but if they are released conditionally in accordance with Article 53/3 of the TCC, it was decided to end the deprivation of using the rights listed in Article 53/1-c of the TCC on their own descendants. 11.2015 dated 08.10.2015, with the decision of the Constitutional Court dated 08.10.2015, numbered 2014/140-2015/85 Main and Decision, which was published in the Official Gazette dated 24.11.2015 and entered into force on the same date, the phrase “from electing, being elected and exercising other political rights” written in Article 53/1-b of the TPC was canceled,
Since the appellate objections of the defendants …, … and … have been deemed appropriate in this respect, the verdict is reversed for the reason explained, and since the reason for reversal does not require a retrial, based on the authority granted by Article 322 of the Code of Criminal Procedure No. 1412 through Article 8/1 of the Law No. 5320. Based on the authorization granted by Article 322 of the Code of Criminal Procedure No. 1412 through Article 8/1 of the Law No. 5320, the section on the application of Article 53 of the TCC was removed from the paragraph of the verdict and replaced with the following sentence: “As a legal consequence of the defendants’ conviction with imprisonment for the crime they committed intentionally, in terms of the application of Article 53/1 of the TCC, (a, a, b, c, d). In terms of the application of Article 53/1 of the TCC, the defendants are deprived of the right to vote, to be elected and to exercise other political rights written in subparagraphs (a, c, d and e) and paragraph (b); in terms of the application of Article 53/2 of the same Law, the defendants are deprived of the right to vote, to be elected and to exercise other political rights written in subparagraphs (a, c, d and e) and paragraph (b) of Article 53/1 and paragraph 3 of the same Article. paragraph (3) of the same article, to be deprived of exercising the powers of custody, guardianship and trusteeship over their own descendants written in subparagraph (c) until they are conditionally released from the prison sentence they have been sentenced to”, and the verdict, which is in accordance with the procedure and the law in other aspects, is approved with correction,
II-) As for the examination of the appellate objections of the public prosecutor of that place against the acquittal verdict against the defendant …:
Other appellate objections are not deemed appropriate.
However;
According to the occurrence and the scope of the file; the defendant … caused an accident by hitting the construction irons under the responsibility of the complainant with the vehicle he rented with the other defendants in an alcoholic state, the insurance did not cover the costs because the defendant was intoxicated during the accident, a public lawsuit was filed against the defendant for the crime of endangering traffic safety, whereupon on the day of the incident, the defendant …, together with the other defendants, killed the complainant if he did not pay 3. 500 TL in order to pay for the accident expenses of the vehicle he rented; instead of a verdict of conviction for the defendant who acted in cooperation with the other defendants, it was decided in writing,
Conclusion Since the appellate objections of the Public Prosecutor of that place were deemed appropriate in this respect, it was decided unanimously on 16.06.2016 that the verdict be reversed in accordance with the request for the reason explained.