Decision On The Crime Of Simple Injury
T.C. JUDICIARY
3rd Criminal Chamber
Main: 2015/32248
Decision: 2016/15322
Date of Decision: 30.06.2016
THE CRIME OF SIMPLE INJURY – THE REPORT ISSUED BY THE REGIONAL EDUCATION AND RESEARCH HOSPITAL CONFIRMING THE DEFENDANT’S STATEMENT – THE INCONSISTENCY OF NOT DISCUSSING WHETHER THE PROVISIONS OF UNJUST PROVOCATION WILL BE APPLIED AT THE DECISION – REVERSAL OF THE VERDICT
SUMMARY: In the face of the defendant’s statement that his wife hit his wrist with a chair in the statement taken at the investigation stage and the report dated 09/10/2014 issued by … Regional Training and Research Hospital confirming this statement, the failure to discuss whether the provisions of unjust provocation regulated in Article 29 of the TPC should be applied to the defendant at the decision point required a reversal.
(5237 S. K. art. 29, 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 the documents were read;
Necessity was discussed and considered;
1) In the examination of the appellate objections to the conviction of the defendant for the offense of simple intentional injury to his mother-in-law …;
Although some phrases in Article 53 of the Turkish Criminal Code No. 5237 were annulled by the decision of the Constitutional Court dated 08.10.2015 and numbered 2014/140 Esas-2015/85, which entered into force after being published in the Official Gazette dated 24.11.2015 and numbered 29542, this issue has not been made a reason for reversal since it can be taken into consideration during the execution phase.
According to the trial, the evidence collected and explained in the decision, the court’s belief and appreciation formed as a result of the prosecution, the reasoning and practice, the defendant’s objections to the appeal that are not deemed appropriate are rejected and the judgment is APPROVED in accordance with the request,
2) In the examination of the appellate objections to the conviction of the defendant for the offense of simple intentional injury to his wife …;
Rejecting other objections that are not deemed relevant; However;
a) In the face of the defendant’s statement that his wife hit his wrist with a chair in the statement taken during the investigation phase and the report dated 09/10/2014 issued by … Regional Training and Research Hospital confirming this statement, the issue of whether the provisions of unjust provocation regulated in Article 29 of the TPC will be applied to the defendant is not discussed at the decision,
b) Due to the annulment of some phrases in Article 53 of the Turkish Criminal Code No. 5237 by the Constitutional Court’s decision 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, there is a necessity to re-evaluate the legal situation of the defendant in terms of the deprivation of rights specified in Article 53 of the Turkish Criminal Code No. 5237,
Since it required to be spoiled and the defendant’s objections on appeal were deemed appropriate in this respect, it was decided unanimously on 30/06/2016 that the verdict will be reversed 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.