T.R. Supreme Court
3rd Criminal Chamber
Base: 2016/2558
Decision: 2016/18224
Decision Date: 26.10.2016
CRIME OF INJURY – JUDICIAL FINE OPTION IT SHOULD BE OBSERVED THAT IF THE SANCTION IS NOT FULFILLED, THE UNPAYED PART OF THE JUDICIAL FINE WILL BE CONVERTED TO PRISON BY THE DECISION OF THE REPUBLIC PROSECUTOR.
SUMMARY: It should be noted that if the option sanction of judicial fine is not fulfilled, the decision of the public prosecutor will be converted to imprisonment for the number of days corresponding to the unpaid portion of the judicial fine, and the convict will be ordered to work in a public service for one day in return for two hours of work.
(5237 Law No. 50, 53, 86) (5275 Law No. 106) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)
The decisions given upon reversal by the local court are appealed and the documents are read;
It was discussed and considered as necessary;
1- In examining the appeal objections regarding the conviction of the defendant for the crime of intentional wounding…
Although some provisions in Article 53 of the Turkish Penal Code No. 5237 were annulled by the Constitutional Court’s decision dated 08.10.2015 and numbered 2014/140 Principles-2015/85, which entered into force by being published in the Official Gazette dated 24.11.2015 and numbered 29542, no grounds for reversal were made as this issue could be taken into consideration at the execution stage.
According to the trial held, the evidence collected and announced at the place of decision, the Court’s belief and appreciation as a result of the prosecution, the justification and practice given, the defendant’s appeal objections will be rejected and the verdict will be APPROVED as a request,
2- In examining the appeal objections regarding the conviction of the defendant for the crime of intentional wounding…
Rejection of other appeal objections that are not considered appropriate, however;
Article 81 of Law No. 6545, which entered into force after being published in the Official Gazette on 28.06.2014, and Article 106/3 of Law No. 5275. In the article; “If the convict does not pay the judicial fine within a certain period of time upon the notified payment order, the amount of days corresponding to the unpaid portion is converted into a prison sentence by the decision of the public prosecutor, and the convict is decided to work in a job useful to the public for one day in return for working two hours. The daily working time is determined by the probation directorate as a minimum of two hours and a maximum of eight hours. If the convict does not comply with the program prepared for him and the warnings and suggestions of the probation officers in this context, the days he works are sentenced to imprisonment. “The remaining part of the sentence is deducted from the sentence and served in an open penal institution.” Contrary to the regulation, it was decided that the judicial fine imposed in the judgment in a way that would restrict the authority of execution would be converted into imprisonment if it was not paid,
Since it required reversal and the defendant’s appeal objections were deemed appropriate in this respect, the judgment was therefore based on Article 8/1 of Law No. 5320, as amended by Article 33 of Law No. 6723. REVERSED in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which is in force with the article, but since this issue does not require a retrial, in accordance with Article 322 of the Code of Criminal Procedure, the verdict is considered in Article 52/4 of the Turkish Penal Code. From the paragraph where the article applies: “…and that the unpaid judicial fine will be converted into imprisonment…” It was unanimously decided on 26.10.2016 that the provision would be CORRECTED AND A PPROVED by removing the phrase.