A conviction decision is a decision made if the crime imposed on the accused is fixed. (CMK 223/5. matter). In order for a conviction decision to be made, the act committed by the accused must be considered a crime in the law on the date of the verdict.
The decision to convict must be justified. A reasoned decision is a detailed decision written by criminal courts to explain the legal reasons for which they have ruled by evaluating the claim and defense, case, evidence and claims that are the subject of the trial.
The following points are included in the justification of the sentence of conviction (CMK 230/1.substance):
Opinions put forward in the claim and defense
Throughout the entire trial, the prosecution and the defense side continue their opinions on the criminal dispute made the subject of trial with the indictment through oral or written petitions in court. In the verdict of conviction, it should be outlined what the views of the prosecution and the defense side are about the dispute that is the subject of the criminal case. In this way, the logic of the criminal trial, the thesis, the antithesis and the synthesis in accordance with the triad of whether it goes according to the decision of the conviction is checked.
Discussion and evaluation of evidence
The discussion and evaluation of the evidence is the most important part of the conviction decision. The criminal court should evaluate all kinds of evidence that serve to prove the crime that is the subject of the trial by stating its importance in terms of controversial, subsidy. In the justification of the conviction decision, the evidence based on the verdict and rejected must be stated. The evidence based on the verdict; proving the sentence clause, acquittal of the verdict, conviction, etc. it is the evidence that enables it to be formed in the direction. The rejected evidence must also be shown separately in the conviction decision. The evidence that is put forward and requested to be discussed at the hearing is rejected in the following cases (CMK 206/2.substance):
If the evidence was obtained in violation of the law,
If the event desired to be proved with evidence has no effect on the decision,
If the request was made only for the purpose of prolonging the case.
In the conviction decision, the evidence contained in the file and obtained by illegal methods must be stated separately and clearly.
The reached conviction
The opinion reached by the court at the end of the criminal proceedings, the actual fact that the accused is considered to have committed a crime and its qualification should be shown in the conviction decision. Taking into account the requests put forward by the parties, the penalty should be determined according to the order and principles determined in accordance with the relevant articles of the Turkish Penal Code.
Bases of the Decision on Additional October Security Measures with Personalization Agencies
The grounds for postponing the sentence, converting the prison sentence into a judicial fine or one of the measures, or applying October security measures or accepting or rejecting requests related to these issues should be included in the justification of the conviction decision.
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