Yargıtay Ceza Genel Kurulu 2013/14-581 Esas 2013/596 Karar Sayılı İlamı

Özet:

A. E. is accused of sexual abuse on a child and deprivation of liberty. The Çorlu 1st Heavy Penal Court sentenced him on May 25th, 2012, with the decision number 23-232. The decision was appealed, and Yargıtay 14th Criminal Chamber decided to overrule it on March 1st, 2013, with the decision number 15601-2084. The Yargıtay Chief Public Prosecutor's Office objected to the decision of the 14th Criminal Chamber on May 11th, 2013, with the objection number 291094. On June 27th, 2013, the 14th Criminal Chamber decided that the objection was groundless and sent the case to the Yargıtay Presidency. However, on November 14th, 2013, the Yargıtay Chief Public Prosecutor's Office requested the withdrawal of the objection. The Penalty General Assembly decided on October 1st, 2013, with the numbers 314-394 and 315-395, unanimously, that it is possible to withdraw an objection until a decision is made, and the objection was returned to the local court without any review. The case was decided on December 3rd, 2013, for this reason.
The criminal code article related to sexual abuse of a child is Article 103/1, and for deprivation of liberty, it is Article 94/1 of the Turkish Penal Code. The Code of Criminal Procedure articles related to the decisions made are Article 308 for objection, and Article 309 for withdrawing the objection.