Supreme Court Decision on Deprivation of Rights on the Lower Lineage

T.C.

SUPREME
15. Criminal Department

Main Number : 2013/27999
Decision No :2016/3085
Decision Date : 06.04.2016

CRIME OF FRAUD – THE RIGHT OF THE ACCUSED OVER HIS OWN LOWER LINEAGE
FROM THE DATE OF CONDITIONAL RELEASE OF DEPRIVATION
IT WILL NOT BE APPLIED TO – PERSONS OTHER THAN THE LOWER LINEAGE OF THE ACCUSED
IN ORDER TO COVER THE SECURITY MEASURES APPLIED –
CONFIRMATION OF THE JUDGMENT BY CORRECTION
SUMMARY: TCK’s 53. article 1. of the rights contained in subparagraph (c) of paragraph, only its subordinate lineage
regarding the deprivation of the presence of a service belonging to the guardianship, guardianship and trusteeship over
3 of the same article of deprivation of rights. from the date of conditional release according to paragraph
article 53/1-c, including persons other than the lower lineage, without considering that it will not be applied
provision for the implementation of security measures in accordance with the provision to be corrected and approved
required.
(5237 Pp. K. m. 53, 158)
Trial and Verdict: The verdict on the defendant’s conviction for fraud, the defendant and the Republic
after being appealed by the prosecutor, the file was examined and considered necessary:
From the point of view of the accused’s file No. 2011/330, which was merged …..fraud allegedly committed against
since no decision has been made in terms of guilt, it is possible to make a decision within the statute of limitations
has been seen.
The accused called the client and introduced himself as a policeman, …. information about your bank account
that he was seized by other people, that they tried to withdraw money from his account, …. bank
gradually withdraw his money and deposit the money to the account number he will give, a day later his money
that you can withdraw 2 times, that you can be caught in this way by people who steal account information
what he said to the client, the client believed these words and the defendant stated the money of 10.956 TL
in the acceptance of the court that he committed the crime of fraud in the event that he transferred to the account
there has been no failure to hit.
The trial, the evidence collected and shown at the place of decision, the results of the prosecution of the court
according to the opinion and discretion formed in accordance with the scope of the file examined, the defendant and the Republic
the prosecutor’s appeal was rejected, but;
53 of the TCK No. 5237. article 1. of the rights contained in subparagraph c of paragraph, only its own subgenre
regarding the deprivation of the presence of a service belonging to the guardianship, guardianship and trusteeship over
3 of the same article of deprivation of rights. from the date of conditional release according to paragraph
article 53/1-c, including persons other than the lower lineage, without considering that it will not be applied
to rule on the implementation of security measures in accordance with,
Conclusion: It required an annulment, the appeals of the accused and the public prosecutor are in place for these reasons
since it has been seen, the provision of Law No. 5320 No. 8. Which must be applied in accordance with the Article
CMUK’s 321. to be CORRUPTED according to the substance; but
322 of the same Law without re-hearing of this violation. correction in accordance with article
since it is possible, from the provision paragraph, 53 of the Law No. 5237. application of the substance
the relevant section was completely removed and replaced with, “5237 numbered 53 of the TCK. article 3. in accordance with paragraph 1.
the guardianship, guardianship and trusteeship rights over their own sub-lineage contained in subparagraph c of the paragraph
by the date of his conditional release, 1. other rights written in the paragraph until the execution of the sentence is completed
until the deprivation of the right to add the phrases ”correction and APPROVAL of the provision by adding,
it was decided by unanimous decision on 06.04.2016.

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