The file was examined and considered as necessary:
1-The hunt for the decision on the rejection of the appeal request for the crimes against the accused on the merits. … in the examination of the appeal request of;
The decision made in the absence of the accused is made by the Attorney appointed by the Bar Association at the stages and participating in the hearings as the defendant’s defense attorney. … has been notified and appealed by the lawyer named as the defendant’s defense attorney; the defendant and his attorney with a power of attorney, Av. … that they were present together at the hearing dated 24/11/2017 at the court of first instance of Un and Av. … with the understanding that the task of the has ended, the Av, whose verdict does not have the right and authority to appeal. …’s request for appeal, CMK No. 5271, 298. refusal in accordance with the article,
2-In the examination of the accused’s appeal request for the decision on the rejection of the appeal request on the basis of the violation of the immunity of the defendant’s housing;
Given the amount and type of penalties imposed, No. 5271 286/2 CMK-in accordance with a first instance by the courts of appeal of imprisonment of five years or less regardless of the amount of criminal fines for rejection of the merits of the appeal because they are not able to appeal decisions of the Regional Justice Court, the defendant No. 5271 of Appeals CMK 298. refusal as requested in accordance with the article,
3-In the examination of the appeal request of the accused for the decision on the rejection of the appeal request given to the accused for theft on the merits;
288 of the CMK No. 5271. article ”The appeal is based only on the reason that the provision is unlawful. Failure to apply or incorrectly apply a rule of law is unlawful.” and 294 of the same Law. article; ”The appellant must show in the appeal application that he wants the judgment to be overturned for the reason. The reason for the appeal can only be related to the legal aspect of the judgment.”taking into account that it is arranged in the form of, the defendant’s request for appeal is 193 of the CMK. and 196. in the examination carried out in a limited manner for the reason mentioned, it was determined that the right of defense was restricted by acting contrary to its articles;
53 of the TCK No. 5237. while the deprivation of rights provided for in Article 15/04/2020 and published in the Official Gazette No. 31100 on the same day, the Law No. 7242 entered into force on the 10th. article 53 of the Turkish Penal Code. it was considered possible to observe the amendment made to the article at the execution stage.
It is understood that there is no wrongdoing in the decision on the fundamental rejection of the appeal request filed against the accused for theft, since the decision made about the accused is in accordance with the law, with the rejection of the appeals of the accused that are not seen on the spot, 302/1 of the CMK No. 5271. Istanbul Regional Court of Justice, which is in accordance with the procedure and law in accordance with Article 8. It was unanimously decided on the day of 10/01/2022 to APPROVE the SENTENCE with the REJECTION of the APPEAL REQUEST against the decision of the Criminal Chamber on the MERITS.
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