Özet:

An Asliye Ceza Court convicted a defendant of forgery of official documents after obtaining a fake identity application form and using it to obtain an identity card from the population directorate. The Court failed to consider that the forgery offense was committed as a chain crime and therefore 5237 of the TCC 43 should be applied to the defendant. However, the verdict was not invalidated due to the lack of objections on this point. The application of the 5237 TCC 53 was possible at the stage of execution of the decision of the Constitutional Court of 08.10.2015, 2014/140 Esas and 2015/85 Decision. The court proceedings were conducted lawfully, and the arguments put forward by the defendant were assessed in the reasoned verdict. The offense was established to be committed by the defendant, the offense qualification was correctly determined, the sentence was applied within the legal discretion limits, and there was no error in the verdict. Therefore, the appeal of the defendant was rejected, and the verdict was upheld.
Kanun Maddeleri:
- 5237 TCK'nin 43. Maddesi: Sahtecilik veya resmi belgede sahtecilik suçu zincirleme olarak işlendiğinde, zincirleyen tüm eylemler ayrı ayrı cezalandırılır.
- 5237 TCK'nin 53. Maddesi: Yerel mahkeme hükümlerinin infazında Anayasa Mahkemesi tarafından iptal edilen kanunların hükümleri de dikkate alınır.