The Decision of the Supreme Court on the Need to Determine the Real Age And Mental Health of the Victim by the Hands of the Forensic Medical Institution

T.C.
Supreme
14. Criminal Department

Main Number: 2013/2488
Decision No: 2014/14868
K. Date:25.12.2014

The decisions given by the local court were appealed and the file was examined and considered as necessary:
Izmir 11 for the crimes of qualified sexual abuse of the child against the victim and depriving the person of his freedom. 23.09.2010 2009/153 day and issued from Heavy Criminal Court, based on a result of examination of the provisions of Decision No. 2010/227 Dairemizce 18.11.2011 2011/13847 day, based on Decision No. ref 2011/3684 in relevant specialty board of the age of magdure true by obtaining a report from the Forensic Medicine institution, it was decided to determine since it is understood that this file first brought down from the court of hesitation was eliminated after magdure’s age by examining whether, the report dated 06.07.2011, organized by the Department of Child Adolescent Mental Health and Diseases of the Faculty of Medicine of the Aegean University, which is based on the verdict, states that the victim has an IQ of 90 normal intelligence, is aware of the open cooperative, place, time and person you were able to communicate and express yourself in full and at a sufficient level of orientation indicated you were able to, although because of the events of current psychopathology and traumatic emotional and sexual relationship as a sexual relationship prior thinking, and sexual abuse on the grounds that they must be viewed as the legal meaning of the event and concluded that the redirect is not enough to evaluate the results and to be concluded that across; magdure mother of the complainants Sarah’s magdure previously treated with a diagnosis of personality disorder in stages statements of Manisa in the mental hospital after considering magdure of the mentally ill, whether it is improved the ability to understand the legal consequences of the action, whether it is understood and comprehended the mentally ill mental illness a physician olmayanlarca matters related to forensic medicine institution providing a detailed report about the results obtained his enthusiasm to the board of specialization, according to the discretion and determination of the defendant’s legal status should be considered,
According to the admission, too;
58, 59, 60 and 61 of the Law No. 6545, which entered into force on 28.06.2014 after the provision. articles 102, 103, 104 and 105 of the Law No. 5237. in the face of the reorganization of crimes against sexual inviolability contained in its articles; TCK No. 5237.nin 7/2. article-article, “the law in force when the crime was committed, the provisions of the law, which was enacted subsequently, if different from the law in favor of the perpetrator is applied, and is executed” in consideration of the provision in favor of the provision, the laws applying to all the provisions of the preceding and following the event, the outcomes of the application of the law determined by comparison both with each other and to allow control of the decision to be shown in re-evaluation required,
Since the appeals of the accused’s defense were considered on the spot in this respect, the provisions of Law No. 5320/8/1. in accordance with Article 1412 of the CMUK.nin 321. it was unanimously decided on 25.12.2014 that it should be overturned in accordance with the article.

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