Özet:

Threat crime case of the defendants ... and ... was sent to the Supreme Court due to a conflict of duty between the 11th Heavy Penal Court and the 1st Criminal Court during the trial. The decision of the 11th Heavy Penal Court, which caused the conflict, was considered to belong to a period after July 20th, 2016, when all Regional Courts started to function, according to the Law on the Establishment, Duties, and Competencies of Courts of First Instance with Regional Courts of Justice with its 25th and Temporary Article 2nd. The 37/2nd article of the same law states that regional judicial district courts have the duty to resolve conflicts of jurisdiction and competence among courts of first instance in criminal matters within the judicial district. As a result, the conflict of duty between the 11th Heavy Penal Court and the 1st Criminal Court, which are located in the same regional judicial district, can be resolved by the joint high-ranking Regional Court of Justice's Criminal Chamber, according to Article 4/2 of the Code of Criminal Procedure. Therefore, the file was referred to the local court due to the incompetency of the Supreme Court. The Law on the Establishment, Duties, and Competencies of Courts of First Instance with Regional Courts of Justice and the Code of Criminal Procedure's relevant articles were applied during the examination of the case.