The Actual Age and Mental Health Of The Victim Must Be Determined by The Forensic Medicine Institution
14th Criminal Department
Merits No: 2013/2488
Decision No: 2014/14868
Decision date: 25.12.2014
With the appeal of the provisions given to the local court, the file was examined and considered necessary:
As a result of examining the provisions of the Decree No. 2010/227, dated 23.09.2010 and 2009/153, given by the İzmir 11th High Criminal Court for the offense of depriving the child of sexual abuse and liberty of the child, the decision of depriving the person of liberty on 18.11.2011, 2011/13847 Since it was understood that the real age of the victim was determined by taking a report from the relevant specialization board of the Forensic Medicine Institute, the first decision was taken by the court of Ege University Medical School Pediatric Adolescent In the report dated 06.07.2011, despite the fact that the victim has a normal intelligence of IQ 90, that the conscious cooperative, the place orientation and the person orientation are full and able to communicate at an adequate level and express themselves, ophthalmology and the traumatic sexual intercourse experienced before, considering the event as emotional and sexual intercourse and not perceiving it as sexual abuse; the mother of the victim complainant Serap at the stages of the victim’s diagnosis of the personality disorder in the Manisa Mental and Neurological Diseases Hospital. not to be considered whether the defendant’s legal status should be considered and appraised according to the results of providing detailed information about the Forensic Medicine Institute to the relevant specialization board.
According to acceptance;
Following the re-arrangement of crimes against sexual immunity in articles 102, 103, 104 and 105 of the Law No. 5237 and articles 58, 59, 60 and 61 of Law No. 6545, which came into force on 28.06.2014; No. 7/2 of the Criminal Code. to determine the provisions of the favorable clause of the provision in favor of the law, in accordance with the provisions of the law in force in favor of the perpetrator and the execution of all provisions of the previous and subsequent laws, by comparing the results obtained with the law in accordance with the provisions of the ası Acts that are in force in the favor of the perpetrator when the crime is in effect when the crime is committed ün and re-evaluation of the implementation of both laws by showing them in the decision allowing them to be audited,
As the appeal appeals of the accused defense counsel have been seen in this respect, the provisions of the Law No. 5320 have been amended as 8/1. in accordance with Article 321 of the Code of Criminal Procedure No. 1412 is considered unanimously on 25.12.2014.