The Defendant’s Sentence Should Be Reduced From The Minimum – Incomplete Sentence Determination For The Defendant By Applying The Wrong Rate Of Reduction- No Grounds For Reversal As There Is No Appeal Against

The Defendant’s Sentence Should Be Reduced From The Minimum – Incomplete Sentence Determination For The Defendant By Applying The Wrong Rate Of Reduction – No Grounds For Reversal As There Is No Appeal Against

T.C. JUDICIARY

3rd Criminal Chamber
Main: 2015/34137
Decision: 2016/15145
Date of Decision: 28.06.2016

CRIME OF SIMPLE INJURY – NECESSITY TO REDUCE THE DEFENDANT’S SENTENCE FROM THE MINIMUM LIMIT – IMPOSITION OF AN INCOMPLETE SENTENCE AGAINST THE DEFENDANT BY APPLYING THE WRONG RATE OF REDUCTION – NO REASON FOR REVERSAL SINCE THERE IS NO APPEAL AGAINST – UPHOLDING THE VERDICT

SUMMARY: While the defendant’s sentence should have been reduced from the minimum limit pursuant to Article 29 of the TPC No. 5237, the deficient punishment of the defendant by applying a reduction of (1/2) is not a reason for reversal since there is no appeal against it.

(Art. 29, 53 of the TPC No. 5237) (Art. 2 of the TPC No. 5320) (Art. 26 of the TPC No. 6217) (ANY. COURT. 08.10.2015 T. 2014/140 E. 2015/85 K.)

Case and Decision: The judgments given by the local court were appealed and the documents were read;

Necessity was discussed and considered;

1) In the examination of the appeal objections of the defendant … to the additional decision on the rejection of the appeal request;

Since there is nothing contrary to the procedure and the law in the decision regarding the dismissal of the judicial fine imposed on the grounds that it is final in accordance with the provisional article 2 added to the Law No. 5320 on the Enforcement and Implementation of the Criminal Procedure Law No. 5320 by Article 26 of the Law No. 6217 dated 31.03.2011, which entered into force on 14.04.2011, there is nothing contrary to the procedure and the law, the appeal objections of the defendant are rejected and the Additional Decision dated 24.08.2015 and numbered 2014/972 Esas- 2015/538 Decision regarding the rejection is APPROVED as requested,

2) In the examination of the appellate objections of the defendant … to the conviction of the defendant for the offense of intentional injury;

In the incident between the defendant and the victim, the defendant’s sentence should be reduced from the minimum limit in accordance with Article 29 of the Turkish Penal Code No. 5237 on the grounds that “the first unfair act cannot be proved with precise, objective evidence, free from all kinds of doubts”, while the defendant’s sentence should be reduced from the minimum limit in accordance with Article 29 of the Turkish Penal Code No. 5237, since there is no appeal against the defendant, the Constitutional Court’s 24. 11.2015 dated 08.10.2015 and numbered 2014/140 Esas-2015/85 Decision, which entered into force after being published in the Official Gazette dated 24.11.2015 and numbered 29542, some provisions in Article 53 of the Turkish Criminal Code No. 5237 have been annulled, but these issues have not been made a reason for reversal, as they can be taken into consideration during the execution phase.

According to the trial, the evidence gathered and explained in the decision, the Court’s belief and appreciation formed as a result of the prosecution, the reasoning and practice, it was unanimously decided on 28.06.2016 to APPROVE the verdict as requested by rejecting the defendant’s appellate objections.