The 1st Penal Chamber of the Supreme Court of Appeals has completed its review of the appeal against the verdict of the Konya 3rd High Criminal Court on 5 July 2022.
Accordingly, the 10 years and 10 months prison sentence given to Şeker with the reduction of “good behavior” on the charge of “deliberate killing under unjust provocation” was approved by a majority of votes.
In the decision of the chamber, it was stated that Şeker went to warn the victim in good faith because a woman he did not know with a civic consciousness was shouted and cursed and the woman cried, and that the victim squeezed the accused Şeker’s throat with his hands without using any tools, cursed and threatened her.
In the decision, in which it was stated that Şeker tried to defend himself by taking his 9.8-centimeter-long switchblade knife out of his pocket, which is not customary to have with him without trying to defend himself in any other way, it was stated that he could have prevented the attack against him with the act aimed at injuring his vital parts, but with the blow he received in the chest area in the incident. It was reported that the victim died.
In the decision of the Chamber, it was stated that the discretionary reduction in the sentence of the accused was correct, and that the assessment made by the first instance court in terms of the qualification of crime, legitimate defense, exceeding the limit in legitimate defense and the rate of unjust provocation reduction was in accordance with the law.
WHAT HAPPENED?
Kadir Şeker, on February 5, 2020, thought that a woman had been subjected to violence, after hearing the sounds of arguments in the park in the Kosova Quarter of the central Selcuklu district, and tried to separate the couple.
During this time, Şeker faced the verbal and physical intervention of Özgür Duran. During the struggle between them, Duran was injured by a knife blow and died in the hospital.
Tried by the Konya 3rd High Criminal Court, Şeker was given a life sentence for “deliberate killing”, and his sentence was reduced to 15 years due to “unjust provocation” and 12 years and 6 months with a reduction in “good behavior”.
Upon the objection of Şeker’s lawyers, the file was overturned by the Supreme Court of Appeals 1st Penal Chamber, on the grounds that a further reduction should be made for Şeker, who was sentenced to 12 years and 6 months in prison pursuant to Article 29 of the Turkish Penal Code.
In the retrial, Konya 3rd High Criminal Court sentenced Şeker to 10 years and 10 months in prison.
