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ARTICLE · 25 MARCH 2024

Basit Yargılama Usulü Yeniden Düzenlendı

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Duyurumuz, Anayasa Mahkemesi tarafından iptal edilen 5271 sayılı Ceza Muhakemesi Kanunu'nun "Basit yargılama usulünde itiraz" başlıklı 252.

TurkeyLitigation, Mediation & Arbitration
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Duyurumuz,  Anayasa Mahkemesi tarafından iptal edilen  5271 sayılı Ceza Muhakemesi Kanunu'nun “Basit yargılama usulünde itiraz” başlıklı 252. Maddesinin evvelce iptal edilen (2), (3), (4), (5) ve (6) numaralı fıkralarının  TBMM Genel Kurul'unda kabul edilen 7499 sayılı  Kanun'un. 17. Maddesi ile  yeniden düzenlenmesine ve eklenen (7) numaralı fıkrasına ilişkindir.

Eski düzenlemede basit yargılama usulü ile kurulan hükümlere itiraz edilmesi sonucunda hükmü veren mahkeme tarafında duruşma açılmakta ve dosyada kararı veren mahkeme tarafından itiraz incelemesi yapılmaktaydı.

7499 sayılı Kanun'un. 17. Maddesi ile tekrar düzenlenen hüküm uyarınca artık basit yargılama usulü kapsamında itiraz üzerine hükmü veren mahkeme dosyayı incelemeyecek olup dosyayı farklı bir asliye ceza mahkemesine gönderecektir. Bu haliyle de dosyada hüküm farklı bir mahkeme tarafından verilecektir.

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