Journalist Yarkadaş claims 'İmamoğlu now has a criminal record': Court of Cassation 4th Criminal Chamber upholds sentence

On March 23, the Court of Appeal upheld the two-year, seven-month, and 15-day prison sentence given to Ekrem İmamoğlu, who was removed from his post as Mayor of Istanbul Metropolitan Municipality (İBB) following corruption allegations, in the "fool case." İmamoğlu's lawyers have taken the decision to the Court of Cassation.

If the Court of Cassation does not overturn the Court of Appeal's decision, İmamoğlu will face a political ban under Article 53 of the Turkish Penal Code (TCK).

The article in question regulates the exercise of certain rights by individuals convicted of intentional crimes during the execution of their sentence.

Under this article, individuals whose sentences are upheld are prohibited from holding public office, voting or being elected, exercising guardianship or trusteeship rights, and serving in management or auditing roles in organizations such as foundations, associations, companies, and political parties.

CLAIM FROM YARKADAŞ

Journalist Barış Yarkadaş made a striking claim regarding the legal status of the Istanbul Metropolitan Mayor.

On TGRT, participating in the Taksim Meydanı program, journalist Barış Yarkadaş claimed that the Court of Cassation 4th Criminal Chamber has upheld the sentencing of Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu.

Yarkadaş's claims are as follows:

"The 7,200 TL fine has been finalized."

"So, what is the penalty here, Gürkan?

First of all, the importance of the Court of Cassation 4th Penal Chamber is that the 'fool' case in which Ekrem İmamoğlu is being tried is also in this chamber. Now, it is clear that the 4th Penal Chamber has established a precedent in this direction. What did Ekrem İmamoğlu say? I apologize to our viewers for saying this.

He had said, 'I didn't say dog, I said simple.' Now, because of this statement, Ekrem İmamoğlu was fined 7,200 TL. This is now final."

"It will be recorded as a criminal record for insult"

What does this mean, Gürkan?

This does not result in a political ban. However, however, Ekrem İmamoğlu will now be recorded as having a criminal record in the file that citizens call a 'clean record,' which is referred to in the judiciary as a criminal record. Crimes exceeding one year will be accepted.

Of course, he has a criminal record. So, are you saying Ekrem İmamoğlu won't be able to get a clean record? There is no political ban here. Since it is a fine, there is no political ban.

However, because he committed the crime of insult, the decision of the Court of Cassation 4th Penal Chamber will be entered into his criminal record, which citizens call a 'clean record.' And what will it say there? It will state that he has a criminal record for insult.

So, wait a minute now.

Is he unable to apply for any public office?

There is no obstacle to that. Because it is a fine. He will also pay the 7,200 TL along with the interest accrued to date.

He will pay the legal fees along with the interest. He will also pay money to the state. He will also pay the opposing party's lawyers.

"It seems there might be a similar trend in the 'fool' case"

Therefore, the important thing here is this: The Court of Cassation 4th Criminal Chamber, which will also hear the 'fool' case, has upheld the sentencing of Ekrem İmamoğlu. Ekrem İmamoğlu will both pay a fine of 7,200 TL, and a criminal record entry for insult will be added to his judicial record.

In other words, if a sentence was issued here over the 'I didn't say dog, I said simple' remark, it feels as though a similar trend might occur in the 'fool' case, as seen with the decision rendered by that Criminal Chamber.I say"

News Source: 12punto