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Following the reasoned decision announced by the 3rd Konya Higher Criminal Court, the General Prosecutor’s Office filed an objection petition to the Konya 1st Criminal Department Regional Court of Justice for the annulment of the decision.
The petition cited as an example a decision of the Supreme Court of Appeals and it was noted that the decision on Şeker was illegal in determining and individualizing the sentence.
In the appeal, the following was recorded:
“The alcoholic Özgür Duran cursed Kadir Şeker who came to them, the deceased continued to curse Şeker after he left them, and after saying ‘I’ll find you’, Şeker said ‘you can’t find him’, the alcoholic was the late Durán ‘ The defendant Şeker and the late Durán, the defendant Şeker and the late Duran, who went on to hit Şeker with a punch and kick, squeezed the throat of the defendant Şeker with both hands, said that Şeker had difficulty breathing, did not respond until this stage, considering the age, body structure and balance of powers, although there is no place of application of article 27/2 of the TCK (according to the content of the sentence of the Criminal Chamber I of the Court of Cassation with the number 2007/1988, the decree with the number 2007/865) Due to the nature (insult, deliberate damage) of the crimes committed by Duran, the seriousness of the danger suffered by Şeker due to the squeeze of the defendant Şeker by the late Duran, in terms of justice a criminal, Konya III High Criminal Court In the implementation of the provisions of unjust provocation, the penalty should be determined in 12 years in prison from the minimum limit, and it is decided that the penalty has been determined in 15 years in prison for above the minimum limit, and the decision is made on behalf of the public to overturn the sentence as a result of the appeal. “
FROM THE CASE FILE
According to the file, Kadir Şeker, who was preparing for university, thought that a woman was subjected to violence over the voices of arguments that she heard in the park in the central Selçuklu district of Kosova on February 5, and the young man who he went to separate the couple and faced verbal and physical intervention from Özgür Duran.
Özgür Duran, who chased after Kadir Şeker for a while and was hit by the blow, collapsed to the ground with a knife struck during the fight, and Duran, who was taken to Selçuk University Medical Faculty Hospital in ambulance due to the wound he received in the chest, he lost his life.
Police teams followed the blood traces at the scene and detained her at her aunt’s home where she lived.
In the indictment accepted by the Konya Third High Criminal Court, a prison term of 12 to 18 years was demanded against Şeker on the charge of “deliberate murder under unjust provocation”.
The court sentenced the defendant Şeker to life imprisonment for “deliberate murder”. The delegation reduced Seker’s sentence to 15 years for wrongful provocation and to 12 years and 6 months for good conduct reduction.
