5015 sayılı Yasaya Muhalefet - Yargıtay 7. Ceza Dairesi 2014/12143 Esas 2016/3824 Karar Sayılı İlamı
Esas No: 2014/12143
Karar No: 2016/3824
Karar Tarihi: 17.03.2016
5015 sayılı Yasaya Muhalefet - Yargıtay 7. Ceza Dairesi 2014/12143 Esas 2016/3824 Karar Sayılı İlamı
Özet:
An Asliye Ceza Mahkemesi ruled that the defendant had violated Law 5015, sentencing them to imprisonment with a delay, confiscation, and the deprivation of certain rights. However, due to the Constitutional Court’s decision to annul some parts of Article 53 of the Turkish Penal Code, the sentence was revised on appeal. The court neglected to consider that the deprivation of rights only applied to the defendant's children, and not other family members. Additionally, the court ruled that the plaintiff, the Turkish Energy Market Regulatory Authority, was entitled to legal fees, even though they were not a direct victim of the crime. The decision was partially overturned and revised in accordance with the annulled portions of Article 53 of the Turkish Penal Code. The court ordered the removal of the original sentence’s reference to the now-annulled portion of Article 53, with parts 1-3 of the article, excluding section e, remaining in effect.Explanation of Kanun Maddesi:
- Law 5015, which the defendant violated, is not specified in the text.
- Article 53 of the Turkish Penal Code was partially annulled by the Constitutional Court’s decision from 08/10/2015, No.2014/140 and No.2015/85. The article outlines the deprivation of certain rights upon conviction, such as the ability to vote, carry weapons, and hold public office. However, as mentioned in the summary, the court failed to consider that the deprivation of rights only applied to the defendant's children, and not other family members.
