Intentional Killing And Weapon Threat In Supreme Court Decisions
1st Criminal Chamber 2020/3236 E. , 2021/9523 K.
“Case Law Text”
COURT :Criminal Division
CRIMES : Intentional homicide, threatening with a weapon, damage to property, concealing evidence of crime, assisting intentional homicide
JUDGMENTS :1) With the judgment of Uşak 1st Assize Court dated 10/09/2019 and numbered 2018/336 Main, 2019/282 Decision;
About the defendant …;
a) sentenced to life imprisonment pursuant to Article 81/1 of the Turkish Penal Code No. 5237 for the offense of intentional murder of …,
b) Sentenced to 2 years imprisonment pursuant to Article 106/2-a of the TPC no. 5237 for the offense of threatening with a weapon against …,
c) Sentenced to 4 months imprisonment in accordance with Article 151/1 of the TPC no. 5237 for the offense of damaging property against …,
About the defendant …;
a) Sentenced to 2 years and 6 months imprisonment pursuant to Article 281/1 of the TPC No. 5237 for the crime of concealing the evidence of crime,
b) His acquittal on the charge of aiding to intentional homicide pursuant to Article 223/2-e of the Code of Criminal Procedure No. 5271,
About the defendant …;
Sentenced to 2 years and 6 months imprisonment pursuant to Article 281/1 of the TPC No. 5237 for the crime of concealing the evidence of crime,
2) The decision of the 1st Criminal Chamber of the … Regional Court of Appeals dated 28/02/2020 and numbered 2020/300 Esas, 2020/260 Decision
ON BEHALF OF THE TURKISH NATION
… It has been understood that the decision of the 1st Criminal Chamber of the Regional Court of Appeal dated 28/02/2020 and numbered 2020/300 Main, 2020/260 Decision was appealed by the defendant’s defense counsel and the participant …’s attorney within the period specified in Article 291 of the Code of Criminal Procedure No. 5271.
The file was examined.
Necessity was discussed and considered:
Having rejected the request of the defendant’s defense counsel for a hearing review pursuant to Article 299 of the Code of Criminal Procedure No. 5271 amended by Article 100 of the Decree Law No. 696 and Article 94 of the Law No. 7079, it is deemed appropriate to conduct the review through the file;
1) In the examination of the grounds of appeal of the defendant’s defense for the conviction sentences established against the defendant … for the crimes of threatening with a weapon and damaging property;
Considering the amount and type of sentences imposed on the defendant, as per Article 286/2-a of the Code of Criminal Procedure No. 5271, since it is not possible to appeal the decisions of the regional court of justice regarding the dismissal of the appeal application regarding the imprisonment sentences of five years or less, regardless of the amount of judicial fines imposed by the courts of first instance, the appeal request of the defendant’s defense counsel is rejected as requested in accordance with Article 298/1 of the Code of Criminal Procedure No. 5271,
2) In the examination of the grounds of appeal of the attorney of the participant … against the conviction of the defendant … for the crimes of threatening with a weapon and damaging property;
In the examination made with the understanding that the appeal request of the participant … attorney is related to the nature of the crime;
Since there is no inconsistency in the decision of the 1st Criminal Chamber of the … Regional Court of Appeals dated 28/02/2020 and numbered 2020/300 Esas, 2020/260 Decision numbered “regarding the rejection of the appeal applications on the merits”, the reasons of appeal of the participant …’s attorney; rejecting the grounds of appeal that the action is an attempt to kill, in accordance with Article 302/1 of the Code of Criminal Procedure No. 5271, the appeal request is rejected on the merits and the verdicts are upheld,
3) In the examination of the reasons of appeal of the defendant’s defense counsel and the representative of the participant … against the conviction of the defendant … for the crime of intentional homicide, the conviction of the defendants … and … for the crime of concealing the evidence of crime, and the acquittal of the defendant … for the crime of aiding intentional homicide;
In the examination made with the understanding that the appeal request of the representative of the participant … for the crime of concealing the evidence of crime is related to the nature of the crime;
… Since there has been no inconsistency in the decision of the 1st Criminal Chamber of the Regional Court of Appeals dated 28/02/2020 and numbered 2020/300 Main, 2020/260 Decision “regarding the rejection of the appeal applications on the merits”, the defendant’s defense counsel has argued that there was incomplete research, the decision was made without discovery, the action was within the limits of legitimate defense, the defendant did not intend to kill, the unjust provocation discount should be applied, Article 62 of the TCK was not applied without valid reason. Article 62 of the TCC was not applied without a valid reason, the participant … attorney’s grounds of appeal that the crime of murder was committed by design, that the defendants Ramazan and Necip were also involved in the crime of murder, and that the attorney’s fee was determined incompletely were rejected and partially dismissed in accordance with Article 302/1 of the Code of Criminal Procedure No. 5271. In accordance with Article 302/1 of the Code of Criminal Procedure No. 5271, the appeal requests are partially rejected and the verdicts are approved, and the request for release of the defendant’s defense counsel is rejected considering the amount of the sentence imposed and the time spent in detention,
It was decided unanimously on 01.06.2021, pursuant to Article 304/1 of the Code of Criminal Procedure No. 5271 amended by Article 8 of the Law No. 7165, which entered into force after being published in the Official Gazette on 28.02.2019, that the file be referred to the 1st Assize Court of Uşak, and a copy of the Supreme Court of Appeals judgment be referred to the Chief Public Prosecutor’s Office of the Supreme Court of Appeals to be sent to the 1st Criminal Chamber of the … Regional Court of Appeals, on 01.06.2021
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