Cancellation Of The Phrase “From Election And Exercise Of Other Political Rights
T.C. JUDICIARY
6th Criminal Chamber
Basis: 2015/4756
Decision: 2016/5637
Date of Decision: 30.06.2016
THE CRIME OF THEFT – THE FACT THAT THE SENTENCE WAS ANNULLED FROM ELECTION AND EXERCISE OF OTHER POLITICAL RIGHTS – AFFIRMING THE VERDICT WITH CORRECTION
SUMMARY: With the decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140-2015/85, the annulment of the phrase “voting, being elected and exercising other political rights” in Article 53/1-b of the TPC required reversal.
(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 and sent to our Chamber with the decision of the 17th Criminal Chamber of the Court of Cassation dated 24/06/2015, and the file was discussed according to the nature of the application, type of punishment, duration and date of offense:
The fact that it was not considered that the victim …, who was determined to have died on 19.11.2010 from the population record sample taken from UYAP, whether the victim … was able to defend herself on the date of the crime should be determined with a doctor’s report and an evaluation should be made with Article 142/2-a of the TPC according to the result, was not considered as a reason for reversal since it was understood that the defendant’s action constituted the crime of theft by taking and taking the goods carried in the hand and on the body regulated in Article 142/2-b of the said Law, since it was not considered effective on the result.
According to the contents of the file and the minutes of the hearing, the legally valid and favorable evidence collected and examined and discussed in 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 defendant, other appellate objections have not been deemed appropriate.
However;
Although it was decided to deprive the defendant 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, however, if he is 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 his descendants; 24. 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 it required to be reversed and the objections of the defendant … defense were deemed appropriate in this respect, the verdict is hereby VACATED against the request 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, the section on the application of Article 53 of the TPC was removed from the paragraph of the verdict and replaced with the following sentence: “As a legal consequence of the defendant’s conviction with imprisonment for the crime he committed intentionally, he is deprived of the right to elect, be elected and use other political rights written in subparagraphs (a, c, d and e) and subparagraph (b) of Article 53/1 of the TPC in terms of the application of Article 53/2 of the same Law. In terms of the application of Article 53/1 of the TCC, the defendant shall be 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 defendant shall be 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, the parental authority, guardianship and trusteeship powers over his/her own offspring written in subparagraph (c) shall not be exercised until he/she is released conditionally from the prison sentence he/she was sentenced to”, the verdict, which was found to be in compliance with the procedure and law in other aspects, was approved, unanimously, on 30.06.2016.