Final Decisions That Cannot Be Appealed On The Basis Of Amount Cannot Be Used As Precedent Supreme Court Decision
Summary:
The decision regarding the direct imposition of a 1,500 TL judicial fine cannot be considered as a basis for recidivism pursuant to Article 305/final of the Code of Criminal Procedure No. 1412, which is still in force by reference to Article 8/1 of Law No. 5320, due to its definitive nature in terms of amount.
T.C.
Court of Cassation
3rd Criminal Chamber
Case No: 2014/36032
Decision No: 2015/12450
Date: 8.4.2015
The judgment rendered by the local court was appealed, and the documents were reviewed;
The matter was discussed and considered;
Other appeals were rejected, however;
The defendant’s appeal against the decision of the Karadeniz Ereğli 1st Criminal Court of First Instance, Case No. 2010/402 – Decision No. 2012/148, which was based on recidivism and imposed a direct fine of TL 1,500 was not taken into account as it cannot be considered as recidivism pursuant to Article 305/last of the Code of Criminal Procedure No. 1412, which is still in force by reference to Article 8/1 of Law No. 5320, due to its definitive nature in terms of amount,
This necessitated reversal, The defendant’s appeal was therefore deemed valid, and the ruling was REVERSED for this reason, in accordance with Article 8/1 of Law No. 5320 and Article 321 of the Code of Criminal Procedure No. 1412, which is still in force. The decision was made unanimously on 08/04/2015.