DECISION NUMBER: 2018/1539
ABSTRACT: The accused is the founder, the manager and the member of the criminal organization,
or in the case of a criminal offense alone,
willingly assisted person and therefore in accordance with the provisions of repetition
It is necessary to accept that the application is not possible.
(5237 S. K. 6, 58, 220, 235) For the defendant X about the accusation of the proclamation of the criminal offense 5237 No. 235/2-d by sending the article 235/1, 62/1, 53/1, 58/9. 4 years and 2 months of imprisonment; the same law as guilty and willingly to help the organization established to commit the offense. Article
220/2, 220/3, 62/1, 53/1, 58/9. and 1 year and 15 days of imprisonment. Judgment; upon the appeal of the defendant and his defense within the legal period was decided by our Department.
Against the aforementioned decision of the Court of Appeals Office of the Chief Public Prosecutor on 07/02/2018 and the letter of appeal with the letter of KD2018 / 5239,
read and thought was required;
FOR THE TURKISH NATION
Article 52 of the Law No. 6371 of the CMK No. 5271 in accordance with Article 308 in accordance with the examination; The criminal record of the defendant X was not based on repetition of the criminal record.
According to the article 6/1-j of the Turkish Penal Code No: 5237, the member of the organization is guilty; a person who establishes, manages, participates in an organization of a criminal organization, or commits a crime with one or the other. That the accused is not the founder, director and member of the criminal organization, he / she is not a perpetrator in the name of the organization with the others or alone in the name of the organization; it was not considered to be possible to carry out the application in accordance with Article.
1) The appeal of the Supreme Court of Appeals of the Chief Public Prosecutor’s Office,
2) The Supreme Court 6th Penal Department’s dated 11/10/2017 and numbered 2017/2064 Principal, 2017/3376
to abolish the decision of the defendant X concerning the provision established for the purpose of deliberately and willingly assisting the organization established for the purpose of committing a criminal offense and committing a crime; in accordance with the reason for the appeal of the ruling, the reason for the re-trial
the Law No. 5320 8/1. Article 28 of the TPC on the basis of the authorization given by Article 322 of the Penal Code no. 5237 on the application of Article 58/9 of the TPC by removing the sections, other aspects of the law and the provision of the correction of the provision of the unanimous decision, 28.02.2018 on unanimous decision he was given.