Decision Date: 29.06.2016
CRIME OF LOOTING – WHERE THE CRIME IS A CRIME COMMITTED AGAINST THE STATE – FAILURE TO ESTABLISH THREE SEPARATE CONVICTIONS IF THE CRIME IS COMMITTED MORE THAN ONCE – WHERE THE SENTENCE IS BROKEN
Abstract: since the legal benefit protected in the crime of laundering the values of assets arising from the crime is the public, economic and political structure of the country, the crime is a crime committed against the state, if the crime is committed more than once, TCK 5237 43/1. the establishment of three separate convictions, without regard to the application of the clause, required the overturning.
(5237 P. K. m. 37, 39, 53, 228)
Case and verdict: the verdict given by The Local Court is appealed by the defendants and their defense at trial;
At the end of the examination, the file was discussed according to the nature of the application, the type of punishment, the duration and the date of the crime.;
I – Defendants, and … …complaining about’imprisonment for the crime of plunder for; defendants …, …, … to complain about for the crime of imprisonment for attempting to plunder; … defendants, and … …complaining about’E ‘ for imprisonment for the crime of plunder; about the defendant, the victim of a threat of imprisonment for the crime; and … …complaining about defendants’imprisonment for a felony vandalism; defendants and about … the victim …’imprisonment for the crime of the threat to e; about the defendant, the victim …’e ‘ imprisonment on charges of deprivation of liberty for the defendant, about imprisonment for the crime of forgery; defendants …, …, …, … about gambling imprisonment on charges of providing space and opportunity to play for; the defendant, to establish an organization with the aim of committing the crime, the defendants …, …, …, …, … about the crime of being a member of the organization, which was established for the purpose of committing the crime, the defendant, about the imprisonment for the crime of helping organizations established for the purpose of committing a crime in the review of the provisions of;
5237 No. 228/1 of TCK. article 37/1 of TCK 5237 about the accused … who directly participated in the looting crime against the complainant. instead of Article 39 of the same law. because there is no counter-appeal, the reason for the violation has not been made.
In accordance with the content of the file, legally valid and favorable evidence, grounds and the discretion of the Board of judges, other appeals were not considered in place, as there was no violation of the procedure and law in accepting and qualifying that the crimes were committed by the defendants.
Defendants are deprived of the exercise of their rights written in Article 53/1-a-b-c-d-e of the TCK until the execution of their prison sentences is completed; however, 53/3 of the TCK. if conditional release in accordance with article 53/1-c of the TCK on its subsoys, it has been decided to terminate their deprivation of the use of the rights listed in paragraph 53/1-c; 24.11.2015 published in the Official Gazette dated 08.10.2015 day of the Constitutional Court, 2014/140-2015/85 basic and decision numbered decision of the TCK 53/1-b article written,” election, election and other political rights to use ” the phrase has been canceled,
Defendants …, …, …, …, …, … 8/1 of law 5320, since the appeals of the defendants and the defendants have been seen in place in this respect, the provision has been violated in accordance with the communique for the reason described, and the reason for the violation does not require a retrial. article 322 of Cmuk No. 1412. based on the authority granted by Article 53 of the TCK from the provision clause. instead of removing the section on the application of the article, “as a legal result of the convictions of the defendants with a prison sentence for the crime they intentionally committed, 53/1 of the TCK. from the point of view of the application of Article (A, c, d and e), as well as (b), they are deprived of the use of Elections, Elections and other political rights written in paragraph 53/2 of the same law. 53/1. election and other political rights written in paragraphs (a, c, d and e) of Article (b) and Paragraph 3 of the same article. in accordance with the paragraph, (c) they cannot use the powers of custody, custody and trusteeship over their sub-laws written in paragraph” by writing the sentence, other aspects of which are in accordance with the procedure and the law to correct and approve the provision, which is in accordance with the procedure and the law,
II – Defendants …, … about the victims, and … ’or; that the defendants and … …complaining about’a; Defendants …, …, … and … the values of the assets from crime to complain about for the review of the provisions of imprisonment for the crime of laundering when it comes to;
Other appeals have not been seen in place.
1-it is possible to confiscate the financial benefits obtained by the commission of the crime or to create the subject of the crime or to return them to the victim of the crime, without explaining what actions were taken in respect of their legitimate acquisition by hiding the illegitimate source, without showing the related actions, without investigating whether it is possible to confiscate or return to the victim of the crime, ,
2-according to the admission, since the legal benefit protected in the crime of laundering the values of assets arising from the crime is the public, economic and political structure of the country, the crime is a crime committed against the state, if the crime is committed more than once, 5237 TCK 43/1. establishing three separate convictions without regard to the application of the article,
Because the defendants…,…,…, … their defense and the defendants … and … ’s appeals were considered in place, it was decided unanimously on 29.06.2016 that the sentence should be overturned for the reasons described.