In accordance with Article 26 of the law on advocacy, a trainee lawyer, under the supervision and responsibility of a lawyer, can participate in hearings related to the cases and work pursued by a lawyer in magistrates’ courts, magistrates’ courts and executive examination bodies, as well as perform work in enforcement directorates. If a trainee lawyer becomes a victim of a crime during the further work of the lawyer he is interning with, the crime is committed against a public official. You can review the sample Supreme Court Decision.
Criminal Department
Part Number: 2020/10625
Decision Number: 2020/18808
“Text of Jurisprudence”
COURT : Criminal Court of First Instance
OFFENSE : Insult
SENTENCE : Conviction
DECISION
The verdict given by the Local Court was appealed, but the duration of the application and the nature of the decision, as well as the file according to the date of the crime, were discussed:
Since there were no reasons for the refusal of the appeal request, the essence of the work was moved.
In the examination conducted according to the minutes, documents and justification content reflecting the trial process in which conscientious opinion was formed; other reasons were not seen on the spot.
But;
In the event that the accused insults the trainee lawyer who went to the foreclosure together with the bailiff, the participant must have the written consent of the lawyer with whom he was interned, provided that the participant is 26 of the Law No. 1136. considering that the participant will be considered a public official when performing the works listed in the article, it is decided that the accused will be punished according to Article 125/3-a of the TCC with incomplete prosecution without investigating the relevant Bar records, considering whether the participant meets the specified conditions,
By admission, too;
17/10/2019 day and Article 24 of the Law No. 7188. according to Article 251 of CMK No. 5271. a Simple Trial Procedure is regulated in its article.
However, regarding the implementation of this regulation, it is necessary to refer to Article 31 of Law No. 7188. article 5 of the provisional Law added to CMK No. 5271. the provision “As of 01/01/2020, simple trial procedure with serial reasoning procedure is not applied in the files that have been passed to the prosecution stage, adjudicated or finalized” has been introduced with subparagraph (d) of the article.
The Constitutional Court, which examines the issue through a concrete norm audit (25/06/2020, 2020/16, 2020/33; r.G. 19/08/2020, Issue: 31218), the provision in the said provisional Article 5 / d, the phrase “passed to the prosecution stage”, contained in the same paragraph, “simple trial procedure” in accordance with Article 38 of the Constitution. considering it contrary to the article, he decided to cancel it.
Although the decision of the Constitutional Court did not decide on the cancellation of the ruled files, Article 2/1-(f) of the Law No. 5271 states that the prosecution phase should continue until the finalization of the ruled files and the same Law 251/3. in accordance with the article, if a conviction is made, the result will be a one-quarter reduction in the penalty, in the face of this situation, the appeal review will be adjusted in favor in terms of the ongoing files,
In the decision of the Constitutional Court on annulment; 31 of the new regulation, Law No. 7188, which was introduced in favor of the defendant. provisional article 5, which was added to CMK No. 5271 in accordance with Article 5. since it is pointed out that it should be applied in terms of files that have been “passed to the prosecution stage” with the article, the CMK No. 5271, which conducted an appeal review, 251/1. in terms of crimes covered by Article 38 of the Constitution. according to Article 7 of the TCC No. 5237 and article 251 of the CMK No. 5271. the obligation to re-evaluate in accordance with the articles,
Since the reasons for the appeal of the defendant … were considered in place, it was decided unanimously on 08/12/2020 that the VERDICT would be OVERTURNED in accordance with the communique, that the file would be sent to the court of main/sentence to be continued and concluded starting from the pre-trial stage of the trial.