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T.C. Supreme Court
1.Criminal Department
Based on: 2016/424
The Verdict: 2017/684
Decision Date: 7.03.2017
SUMMARY: It is against the law that the defendant committed the crime of intentionally killing the victim by insulting the victim and accepting that he committed it under the influence of unfair provocation caused by mutual profanity, and instead of being given a minimum discount from his sentence in accordance with the unfair provocation provisions, it is ruled that there is no place for the application of unfair provocation provisions as a result of a mistaken assessment, and the provision should be overturned.
(5237 P.525237 P. K. m. 29, 53, 62, 81) (ANY. MAH. 08.10.2015 The collected evidence was examined at the place of decision, the defendant’s guilt of intentionally killing the victim was accepted, the criminal nature was determined in accordance with the occurrence and the results of the investigation, the lack of a reason to reduce the sentence was appreciated, his defense was rejected on convincing grounds, since there was no failure other than the reasons for overturning the sentence given according to the examined file, the defendant’s defense was subjected to incomplete examination, TCK 62.lected evidence was examined at the place of decision, the defendant’s guilt of intentionally killing the victim was accepted, the crimiAccording to the occurrence and acceptance, it is understood that the victim invited the defendant to his house to buy alcohol, sent the defendant to the grocery store to buy potatoes and onions, an argument broke out between them because the defendant took it as a Decoy, and they swore at each other in the resulting argument, and this was confirmed by the witness …,
The court accepted that the defendant … committed the crime of intentional killing of the victim … under the influence of the unlawful provocation arising from the victim’s insult and mutual swearing, and reduced his sentence in accordance with Article 29 of the Turkish Penal Code.The court accepted that the defendant … committed the crime of intentional killing of the victim … under the influence of the unlawful provocation arising from the victim’s insult The court accepted that the defendant … committed the crime of intentional killing of the victim … under the influence of the unlawful provocation arising from the victim’s insult and mutual sweccepted that the defendant … committed the crime of intentional killing of the victim … under the influence of the unlawful provocation arising from the victim’s insult and mutual swearing, and reduced his sentence in accordance with Article 29 of the Turkish Penal Code. instead of making a minimum discount in accordance with the article, it is decided that there is no place for the application of this article as a result of an erroneous assessment,
53 of the Turkish Penal Code numbered 5237 with the decision of the Constitutional Court dated 08.10.2015, dated 2014/140 and numbered 2015/85 published in the Official Gazette dated 24.11.2015. There is a necessity to re-evaluate the legal situation of the defendant in line with the canceled sections of the article.
Since it is contrary to the law and the defendant’s defense’s appeals were considered on the spot in this respect, it was decided unanimously on 07.03.2017 to OVERTURN the verdict in accordance with the thought in the communiqué, to reject the defendant’s request for release, taking into account the amount of sentences imposed and the time spent in detention other than the appeal revie
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