Case of Compensation as a Result of Incorrect Execution Calculation – Supreme Court Decision

T.C.
Supreme
12. Criminal Department

Mainly No:2015/4058

Decision No:2015/10871

Summary:

Plaintiff attorney of the plaintiff dated 31.10.2011 date of the petition based on 21.03.2007 2007/36 about Heavy Penal Court – decision of the decision given by 2007/72 during the execution of the final sentence on condition that he should be released on 17.07.2011 04.10.2011 wrong when the result of the calculation of the Heavy Penal Court on the plaintiff’s business was being evacuated by the state and thus different 2011/944 80 days by claiming that she was being held unjustly in prison for £ 15,000 and the material of £ 15,000 had spiritual, it was found that a claim for compensation.

Decision:

Court of Cassation : Criminal Court of Cassation
Provision : Refusal of the case

The decision on the rejection of the plaintiff’s claim for compensation was appealed by the plaintiff’s deputy and the file was examined and considered as necessary;
According to the trial conducted in accordance with the decision to overturn, the evidence collected and disclosed at the place of decision, the court’s belief and discretion formed as a result of the prosecution, the justification and practice shown; the rejection of other appeals of the plaintiff’s attorney, but;
Plaintiff attorney of the plaintiff dated 31.10.2011 date of the petition based on 21.03.2007 2007/36 about Heavy Penal Court – decision of the decision given by 2007/72 during the execution of the final sentence on condition that he should be released on 17.07.2011 04.10.2011 wrong when the result of the calculation of the Heavy Penal Court on the plaintiff’s business was being evacuated by the state and thus different 2011/944 80 days by claiming that she was being held unjustly in prison for £ 15,000 and the material of £ 15,000 had spiritual, it was found that a claim for compensation,

According to the established case law of our department; CMK No. 5271 has 141. in the article ”during investigation and prosecution of the crime” violations of the law that occur in the protection may be required in terms of compensation in accordance with the provisions of this law and the restriction of these anomalies in the text of the article lined the way, the matter of violations of the law occurring during the execution phase of the absence within the scope of noncompliance with the law and administrative justice task in this direction remained in the area in front of the courts accepted that compensation can be claimed if the court 26.01.2015 history, mainly 2015/9 – Decision No. 2015/17 in the sentence, the Republican held a warrant is issued by the jurisdiction savcisinc muddetname and definite conviction related to the execution of a number of information it contains, and the range of processes have been performed by judicial authority which is a part of the editing process and the courts muddetname with the terms of the adoption of the decision issued by an administrative process where evacuation is not possible, emphasizing that it is a judicial process in the face of the criminal case file and the file that has been the mainstay of compensation brought prompt execution, determination of the date of the crime that caused the plaintiff’s conviction and the date that should be released on condition that there is an obligation to make a decision on material and moral compensation in connection with the damage suffered due to incorrect regulation of the statute of limitations or incorrect calculation of the execution,
Since the appeals of the plaintiff’s attorney are considered to be in place as of this moment, the provision is therefore in accordance with Article 8 of Law No. 5320. article 321 of the CMUK No. 1412, which is currently being implemented in accordance with Article. according to the article, it was decided unanimously on 16.06.2015 that it would be BROKEN against the will.

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