Decision On Postponement Of Execution By The Executing Public Prosecutor’s Office
T.C. JUDICIARY
8th Criminal Chamber
Basis: 2013/9303
Decision: 2013/20061
Date of Decision: 04.07.2013
CRIME OF POSSESSION OF AN UNLICENSED FIREARM – NO LEGAL REMEDY IS FORESEEN AGAINST THE POSITIVE OR NEGATIVE DECISION MADE BY THE PUBLIC PROSECUTOR’S OFFICE ON THE REQUEST FOR POSTPONEMENT OF EXECUTION – REVERSAL OF THE JUDGMENT
SUMMARY: The article titled <Deferral of execution at the request of the convict> of the Law on the Execution of Criminal and Security Measures has given the right of discretion to the Chief Public Prosecutor’s Office conducting the execution in terms of deciding on postponement and suspension of execution, and since there is no legal remedy against the positive or negative decision made by the Chief Public Prosecutor’s Office conducting the execution against the request for postponement of execution, since the … Criminal Court of First Instance does not have the authority to examine the objection, it required a reversal to decide that <no decision should be made> while the request should be rejected.
(5275 S. K. art. 17) (5271 S. K. art. 309)
Case: During the execution of the decision of Bakırköy 22nd Criminal Court of First Instance dated 04/03/2010 and numbered 2009/872 main, 2010/130 on the convict C. M. being sentenced to 1 year imprisonment and a judicial fine of 1.500,00 Turkish Liras pursuant to Article 13/1 of the Law No. 6136 on Firearms, Knives and Other Instruments, during the execution of the decision of Bakırköy 22nd Criminal Court of First Instance dated 04/03/2010 and numbered 2009/872 main, 2010/130, the objection against the decision of Bakırköy Chief Public Prosecutor’s Office dated 02/01/2013 and numbered 2012/2-8466 ilamat regarding the rejection of the convict’s request for the postponement of his sentence for 6 months in accordance with Article 17 of the Law No. 5275 on the Execution of Criminal and Security Measures was accepted. Regarding the file covering the decision of Bakırköy 11th High Criminal Court of Bakırköy dated 22/01/2013 and numbered 2013/500 different work dated 22/01/2013 regarding the acceptance of the objection to the decision of Bakırköy Chief Public Prosecutor’s Office dated 02/01/2013 and numbered 2012/2-8466 regarding the rejection of the request of the convict to postpone his sentence for 6 months in accordance with Article 17 of the Law on the Execution of Criminal and Security Measures numbered 5275, and the additional decision of Bakırköy 22nd Criminal Court of First Instance dated 08/01/2013 and numbered 2009/872 main, 2010/130 regarding the postponement of the convict’s sentence for 6 months;
Article 17 of the Law No. 5275 on the Execution of Criminal and Security Measures titled <Postponement of execution at the request of the convict> stipulates the conditions under which finalized convictions can be postponed. In Article 17 of the Law on the Execution of Criminal and Security Measures numbered 5275, it is stipulated under which conditions the finalized conviction sentences can be postponed, and the Chief Public Prosecutor’s Office conducting the execution is given the right of discretion in terms of deciding on postponement or interruption of execution, and if the Chief Public Prosecutor’s Office conducting the execution has decided positively or negatively on the convict’s request for postponement of execution, since there is no legal remedy against this decision, it is stated that it was not seen that the original court decided to postpone the execution upon the convict’s objection. Pursuant to Article 309 of the Code of Criminal Procedure No. 5271, the need for reversal of the aforementioned decision was examined by referring to the request of the Supreme Ministry of Justice General Directorate of Criminal Affairs for reversal in favor of the law dated 26.03.2013 and numbered 20028 and submitted to our department with the notification of the Chief Public Prosecutor of the Court of Cassation C. Attorney General’s Office dated 09.07.2013 and numbered KYB/2013-128476.
The requirements were discussed and considered:
Decision: Article 17 of the Law No. 5275 on the Execution of Criminal and Security Measures titled <Deferral of execution at the request of the convict> has granted the Chief Public Prosecutor’s Office, which conducts the execution, the right of discretion in terms of making decisions on postponement and suspension of execution, and since there is no legal remedy against the positive or negative decision made by the Chief Public Prosecutor’s Office on the request for postponement of execution, Bakırköy 22. Since the Criminal Court of First Instance does not have the authority to examine the objection, the request should be rejected, but to decide in writing that <no decision should be made>,
Conclusion Since it is contrary to the law and the content of the notification of the Chief Public Prosecutor of the Court of Cassation based on the request of the Ministry of Justice for Reversal in Favor of the Law is deemed appropriate in this respect, it was unanimously decided on 04.07.2013 to REVERSE the decision of Bakırköy 11th Assize Court dated 22/01/2013 and numbered 2013/500 different work in accordance with Article 309 of the Code of Criminal Procedure, to fulfill the subsequent procedures by the court, and to submit the file to the Chief Public Prosecutor of the Court of Cassation to be sent to its neighborhood.