Decision On The Crime Of Injury
T.C. JUDICIARY
3rd Criminal Chamber
Main: 2015/32553
Decision: 2016/15349
Date of Decision: 30.06.2016
CRIME OF INJURY – REFERRAL OF THE VICTIM TO THE FORENSIC MEDICAL INSTITUTION WITH ALL TEMPORARY AND FINAL DOCTOR’S REPORTS, HOSPITAL TREATMENT DOCUMENTS, FILMS AND RADIOGRAPHS – THE NECESSITY OF OBTAINING A REPORT ACCORDING TO THE CRITERIA SPECIFIED IN THE LAW – REVERSAL OF THE VERDICT
SUMMARY: While all provisional and final doctor’s reports, hospital treatment documents, films and radiographs of the victim should be referred to the Forensic Medicine Institution and a report should be obtained according to the criteria determined in the law, it required a reversal to establish a written judgment with incomplete investigation.
(5237 S. K. art. 53, 86, 87) (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;
The requirements were discussed and considered;
1) ….. According to the report of the University Research and Application Hospital dated 21/11/2013, the victim was injured in a way that could not be healed with simple medical intervention, and according to the report of the Faculty of Dentistry, Department of Oral and Maxillofacial Surgery dated 30/01/2014, it was stated that the victim was injured in a way that could be healed with simple medical intervention and caused the loss of function of one of his senses or organs within the scope of 87/2-b of the Turkish Penal Code, thus creating a contradiction in the reports, According to the report dated 22/09/2014, it was stated that it could not be understood whether the tooth losses were pre-traumatic or not, while in the last report issued by the same hospital, this issue was left to the discretion of the court, since it was understood that the reports obtained for the tooth losses in the victim were not qualified to allow supervision; All provisional and final doctor’s reports, hospital treatment documents, films and radiographs belonging to the victim were referred to the Forensic Medicine Institution together with the victim and a report was prepared according to the criteria determined in Articles 86 and 87 of the TPC No. 5237. While it is necessary to obtain a report according to the criteria determined in Articles 86 and 87 of the Turkish Penal Code No. 5237, to establish a written judgment with incomplete investigation,
2) The necessity to re-evaluate the legal status of the defendants in terms of the deprivations of rights specified in Article 53 of the TPC No. 5237 due to the annulment of some phrases in Article 53 of the TPC No. 5237 by the decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140 main – 2015/85 decision, which entered into force after being published in the Official Gazette dated 24.11.2015 and numbered 29542;
It was decided unanimously on 30.06.2016 that the verdict shall be DISMISSED in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which is in force with Article 8/1 of the Law No. 5320 for this reason, since the appeals of the defendants were deemed appropriate in this respect.