4. Criminal Department 2020/1991 E. , 2020/10523 K.

“text of jurisprudence”

106/1, 43/2 and 62/1 of the Turkish Criminal Code No. 5237. according to Articles 2 of the Army, he should be punished with a prison sentence of 6 months and 7 days in accordance with the articles. 12/12/2019 Criminal Court, dated 2018/909 based on the decision of 2019/804 high 94660652-105-52-3394-2020 the General Directorate of criminal affairs and the Ministry of Justice, 25/03/2020 worded day-Puk No. prompts, chief prosecutor of the Supreme Court’s notice to the apartment with the idea of ruining that contains 2020/41982 No. 06/05/2020 day and appears to have been sent, though the file has been reviewed:

In the request article; “According to the scope of the file;
265 Of the Turkish Criminal Code No. 5237, as explained in the declaration of the General Assembly of the Criminal Court of Cassation dated 02/03/2010 and based on 2009/9-259, decision No. 2010/47. the item held in the task to be done is a crime, and the crime of resisting an optional movable civil servant in order to keep him from doing his duty, algebra and/or Crime has occurred with the use of threat, where the defendant was intoxicated and in a concrete case that the inconvenience of the people, by the guards in charge insults and threats during identity checks to guard from the side, although it appears that the defendant’s actions as a whole creates a threat and insult to thwart crimes by a Resistance mission, 42 of law 5237. in the article, “A crime that is considered a single verb is called a compound crime because one constitutes an element or aggravating cause of the other. Içtima provisions do not apply to such crimes.”according to the regulation, the defendant could not be punished separately for the threat remaining in the element of the crime of effective resistance, there was no hit in establishing a conviction provision in writing, without taking into account that it could not be decided. it is said that”.

Legal Assessment:
265/1 Of the Turkish Criminal Code entitled “Resistance not to perform duty”. article; ” A person who uses algebra or threats in order to prevent him from performing his duty against a public official is punished with imprisonment from six months to three years.”.
42 of the Turkish Criminal Code No. 5237. in the article, compound crime is defined. according to the article; “A crime that is considered a single verb is called a compound crime because one constitutes an element or aggravating cause of the other. Içtima provisions do not apply to such crimes.”
The scope of the file, the request for non-infringement for the benefit of the law and all these explanations are considered together;
265/1 of the Turkish Criminal Code No. 5237. according to the article “A person who uses algebra or threats in order to prevent him from performing his duties against a public official is punished with imprisonment from six months to three years.”given the evil eye, the threat act is an element of the crime of resisting in order not to perform the task, 42 of Law No. 5237. according to the article, it is clear that no conviction can be established for the crime of threatening in addition.
For the reasons described, the defendant …for the crime of threatening is 106/1, 43/2 and 62/1 of the Turkish Criminal Code No. 5237. according to Articles 2 of the Army, he was sentenced to 6 months and 7 days in prison in accordance with his conviction. There are no hits in the decision of the Criminal Court of First Instance dated 12/12/2019 and dated 2018/909 and numbered 2019/804.

Conclusion and Decision:
For the reasons described above;
1-Since the reason for the violation contained in the notification issued by the Prosecutor General’s Office of the Supreme Court regarding the request for violation in the interests of the law is seen on the spot, the Army established for threat crimes is 2. 309 Of the final decision of the Criminal Court of First Instance dated 12/12/2019 and dated 2018/909, numbered 2019/804, Criminal Procedure Code No. 5271. deterioration OF the CONDITION in accordance with the article,
2-Prohibition of repetition of the trial and in accordance with paragraph 4-d of the same Article of the Law;
265/1 of the Turkish Criminal Code No. 5237. according to the article “A person who uses algebra or threats in order to prevent him from performing his duties against a public official is punished with imprisonment from six months to three years.” given that the threat act is an element of the crime of resisting in order not to perform the task, it was unanimously decided on 05/10/2020 to ABOLISH the 6-month and 7-day prison sentence imposed on the defendant … for the threat crime, since the threat act is an element of the crime of resisting.