T.4TH CRIMINAL CHART
14TH CRIMINAL CHAMBER
E.2013/5363
K.2015/2314
T.2.3.2015
INSULT ( Since It Was Committed As A REACT.C.
SUPREME COURT
14TH CRIMINAL CHAMBER
E.2013/5363
K.2015/2314
T.2.3.2015
INSULT ( Since It Was Committed AsT.C.
SUPREME COURT
14TH CRIMINAL CHAMBER
E.2013/5363
K.2015/2314
T.2.3.2015
INSULT ( Since It Was Committed As A REACTION TO AN UNJUST ACT, IT SHOULD BE DECIDED THAT THERE IS NO PLACE FOR A PENALTY.)
TORT ( Since the Insult was Committed as a Reaction to an Unjust Act, It Will Be Decided That There Is No Room for Punishment. )
SIMPLE SEXUAL ASSAULT ( There is a Hostility Between the Participating Defendant and the Person Whose Statement is Taken – There is No Conclusive and Convincing Evidence/ The Defendant Will Be Acquitted )
THERE IS HOSTILITY BETWEEN THE PARTICIPATING DEFENDANTS (Simple Sexual Assault /There Is Hostility Between the Participating Defendant And the Participating Defendant Whose Statement Has Been Received – An Acquittal Dec Dec Will Be Made Against the Accused )
5237/mWEEN THE PARTICIPATING DEFENDANTS (Simple Sexual Assault /There Is Hostility Between the Participating Defendant And the Participating Defendant Whose Statement Has Been Received – An Acquittal Dec Dec Will Be Made Against the Accused )
5237/m.102,125,129
SUMMARY: While it should have been decided that there was no room for direct punishment on the grounds that the insult was committed in response to an unjust act, it is against the law to first establish a conviction and then apply the aforementioned article.
In the crime of simple sexual assault, it should be decided to acquit the participating defendant in the absence of conclusive, concrete and convincing evidence that the crime occurred, far from any doubt, except for the statements of the said person who has enmity between the participating defendant and the participant, in the absence of conclusive, concrete and Deceptive evidence.e crime of simple sexual assault, it should be decided to acquit the participating defendant in the absence of conclusive, concrete and convincing evidence that the crime occurred, far from any doubt, except for the statements of the said person who has enmity between the participating dn the crime of simple sexual assault, it should be decided to acquit the participating defendant in the absence of conclusive, concrete and convincing evidence that the crime occurred, far from any doubt, except for the statements of the said person who has enmity between the participating defendant and the participant, in the absence of conclusive, concrete and Deceptive evidence.
CASE : The file was examined and the necessary action was taken, taking into consideration the appeals against the decisions given by the local court:
DECISION : Regarding the participating defendant S. who committed intentional injury and threat, and the participating defendants A. and İ. in the examination of the provisions established for the crimes of intentional wounding against them:
Temporary Article 2 added to Law No. 5320 with Article 26 of Law No. 6217, which came into force on 14.4.2011.rary Article 2 added to Law No. 5320 with Article 26 of Law No. 6217, which came into force on 14.4.2011. The fines of up to 3,000 TL (inclusive) that are ultimately imposed, excluding those that are converted from imprisonment sentences pursuant to the article, Terticle 26 of Law No. 6217, which came into force on 14.4.2011. The fines of up to 3,000 TL (inclusive) that are ultimately imposed, excluding those that are converted from imprisonment sentences pursuant to the articadded to Law No. 5320 Temporary Article 2 added to Law No. 5320 with Article 26 of Law No. 6217, which came into force on 14.4.2011. The fines of up to 3,000 TL (inclusive) that are ultimately imposed, excluding those that are converted from imprisonment sentences pursuant to the article, are final in nature, and the sentences imposed on the participating defendants are 1412 in terms of the amount of the sentences.M.U.K.In accordance with Article 305/1 of the Law, it is final and it is not possible to appeal the aforementioned provisions, therefore, the participating defendant A.’s appeal request against these provisions is rejected in accordance with Article 8/1 of Law No. 5320. In accordance with Article 1412 of the C.M.U.K.nin317. rejection in accordance with the article,
The defendant involved is S. in the examination of the judgment established on the offense of defamationThe defendant involved is S. in the examination of the judgment established on the offense of defamation:
To the trial conducted, to the evidence collected and shown at the place of decision, to the opinion and discretion of the court formed in accordance with the results of the investigation and prosecution, to the rThe defendant involved is S. in the examination of the judgment established on the offense of defamation:
To the trial conducted, to the evidence collected and shown at the place of decision, to the opinion and discretion of the court formed in accordance with the results of the investigation and prosecution, to the rejection of other appeals that are not seen on the spot according to the content of the examined file,
But;
129/1 of the Law No. 5237. according to the article, since the insult was committed in response to an unfair act, it should be decided that there is no place for direct punishment by betting, while the conviction provision should be established first and then the application of the said article,
The defendant involved is A. as for the review of the appeal of the sentence established for the crime of simple sexual assault against:
According to the origin and scope of the entire file, A. S, with whom there is enmity between them Dec.The defendant involved is A. as for the review of the appeal of the sentence established for the crime of simple sexual assault against:
According to the origin and scope of the entire file, A. S, with whom there is enmity between them Dec.in the face of the absence of definite, concrete and convincing evidence that the crime occurred, far from any kind of suspicion, except for the statements of , A.a decision on his conviction in writing instead of acquittal of a criminal offence,
CONCLUSION : Contrary to the law, the Public Prosecutor of that Place and the defendant involved are A.since the appellate objections of the are considered on the spot in this respect, the provisions of Law No. 5320 are 8/1. subject to Article C No. 1412.CONCLUSION : Contrary to the law, the Public Prosecutor of that Place and the defendant involved are A.since the appellate objections of the a
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