TC ANTALYA 24TH CRIMINAL COURT OF FIRST INSTANCE

DOCUMENT NO: 2024/740 DECISION NO: 2025/515 DECISION DATE: 16/06/2025 ANNOUNCEMENT The defendant Ercan Azrak is sentenced to 2 years of imprisonment based on the manner of committing the crime, in accordance with the first sentence of Article 136/1 of the Turkish Penal Code, for the crime of unlawfully disseminating personal data about the participant. Considering the possible effects of the sentence on the defendant's future as a reason for discretionary reduction, his sentence is reduced by 1/6 in accordance with Article 62/1 of the Turkish Penal Code , and he is sentenced to 1 year and 8 months of imprisonment. As a legal consequence of the imprisonment sentence given to the defendant, the annulment decision of the Constitutional Court dated 08/10/2015 and the article 10 of the Law No. 7242, which was published in the Official Gazette dated 15.04.2020 and numbered 13100 and entered into force on the same day. According to the situation that emerged after the amendments, the first and second paragraphs of Article 53 of the Turkish Penal Code and the first sentence of the third paragraph should be applied to the defendant. Since our court has not reached a positive conclusion that the defendant will not commit a crime again, considering his criminal history, there is no need to apply Article 231 of the CMK and Article 51 of the Turkish Penal Code.

Due to the defendant's conviction regarding the judicial fine of 3360 TL, which was finalized on 12/12/2023, received by the Antalya 24th Criminal Court of First Instance in the file numbered 2023/618 and 2023/702, his sentence be executed in accordance with the execution regime specific to repeat offenders, pursuant to Article 58 of the Turkish Penal Code, and the measure of freedom from supervision be implemented after the execution of his sentence, The notification sent to the address provided by the defendant ERCAN AZRAK (son of Abdulkadir and Sultani, born on 28/11/1993 in SEYHAN) for the notification of the reasoned decision was returned, the address search resulted negative and the defendant did not inform our Court of his new address, and therefore the defendant's address could not be determined, therefore the reasoned decision could not be notified; It has been decided that notification shall be made pursuant to Articles 28 and subsequent articles of the Notification Law No. 7201. It is hereby announced that the decision shall be deemed to have been notified 15 days after the date of the announcement, and that an appeal may be filed with the Antalya Regional Court of Justice within two weeks from the date of notification by submitting a petition to our Court or by submitting a declaration to the Court Clerk for inclusion in the minutes. If no appeal is filed within the time limit, the decision shall become final. 11/07/2025