TR
ADANA
CRIMINAL TRIAL OF THE SORCERER
DIFFERENT JUDGMENT
CHANGED CASE NO: 2021/1183 D.Is
JUDGE:
CLERK:
APPLICANT:
LAWYER:
TO BE APPLIED TO THE DECISION: Çukurova District Governor’s Office
SUBJECT OF THE APPLICATION: Objection to Administrative Fine
DATE OF APPLICATION: 09/02/2021
DATE OF DECISION: 24/02/2021
The petition and attachments submitted by the applicant have been reviewed.
MATTERS TO BE CONSIDERED:
I- APPLICATION
In his petition dated 09/02/2021, the applicant appealed against the minutes of the administrative fine in the amount of 3.150,00 Turkish Liras dated 13/01/2021 and numbered 2021/176 issued by the District Governor of Cukurova and requested the cancellation of the penalty. petition dated 09/02/2021, the applicant appealed against the minun his petition dated 09/02/2021, the applicant appealed against the minutes of the administrative fine in the amount of 3.150,00 Turkish Liras dated 13/01/2021 and numbered 2021/176 issued by the District Governor of Cukurova and requested the cancellation of the penalty.
II-Answer
To Çukurova District Governorship dated 22/02/2021 and ………………………. In the article, it was stated that there was no unlawful situation in the administrative action taken against the applicant and that the application was rejected.
III- EVALUATION OF THE APPLICATION
legal proceedings have been initiated regarding the violation of Article 282 of the Public Hygiene Law No. 1593 and the administrative fine of 3.150,00 Turkish Liras issued by the administrative sanction decision of the District Governorate of Çukurova dated 13/01/2021 and numbered 2021/176.egal proceedings have been initiated regarding the violation of Article 282 of the Public Hygiene Law No. 1593 and the administrative fine of 3.150,00 Turkish Liras issued by the administrative sanction decision of the District Governorate of Çukurova dated 13/01/2021 and numbered 2021/176.
As there is no reason for the rejection of the application pursuant to Article 28/1 of the Misdemeanors Law No. 5326, it has been decided to accept the application by procedure and to proceed to the merits by taking into account the nature of the applicant and the decision, the date of the application and the decision, as well as the content of the application petition.
Considering the concrete event in this context and context, according to the decision of the Adana Provincial Public Sanitary Board dated 30.07.2020 and numbered 2020/91, created within the framework of Articles 23 and its continuation of the Public Hygiene Law No. 1593, as of 00.00 on 30.07.2020, the risk posed by the coronavirus epidemic in terms of public health;
The use of medical / cloth masks to cover the mouth and nose of citizens within the borders of the province, the Public Hygiene Law No. 09/11/2020 dated and 2020/4554-2020/14250 dated 14.12.2020 dated and 2020/5699-2020/19579 October and 14.12.2020 dated and 2020/5700- It is understood that it has been made mandatory within the scope of Articles 27 and 72 of the Public Hygiene Law No. 2020/19580 Oct. according to the decisions numbered 5542, in case of violation of the orders and prohibitions given by the Governorates and duly announced (communiqué or announcement) within the scope of Article 66/1 of the Provincial Administration Law numbered 5542 or failure to comply with the announced obligations, subparagraph (c) of the first paragraph of Article 32 of the Law will be applied.
According to the decisions numbered 5542, in case of violation of the orders and prohibitions given by the Governorates and duly announced (communiqué or announcement) within the scope of Article 66/1 of the Provincial Administration Law numbered 5542 or failure to comply with the announced obligations, subparagraph (c) of the first paragraph of Article 32 of the Law will be applied. 32 of the Misdemeanors Law No. 5442. article 66 of the Provincial Administration Law No. 5442. within the scope of the article, it is attached to the provision that administrative sanction can only be applied by the person who gave the order.
Because; Article 282 of the General Hygiene Law No. 1593 for the act of violating the curfew.rticle 282 of the General Hygiene Law No. 1593 for the act of violating the curfew. since the application of this article is not considered legally possible, it was necessary to decide on the acceptance of the applicationArticle 282 of the General Hygiene Law No. 1593 for the act of violating the curfew. since the application of this article is not considered legally possible, it was necessary to decide on the acceptance of the application in accordance with Article 28/8-b of the Misdemeanors Law No. 5326.
IV- DECISION
1- Acceptance of the application in accordance with Article 28/8-b of the Misdemeanors Law No. 5326 due to the illegality of the administrative sanction decision,
for violation of Article 282 of the Public Hygiene Law No. 1593, the administrative sanction decision amounting to 3.150,00 TL issued by the administrative sanction decision of the District Governorate of Cukurova dated 13/01/2021 and numbered 2021/176 should be liftedr violation of Article 282 of the Public Hygiene Laor violation of Article 282 of the Public Hygiene Law No. 1593, the administrative sanction decision amounting to 3.150,00 TL issued by the administrative sanction decision of the District Governorate of Cukurova dated 13/01/2021 and numbered 2021/176 should be lifted,
2- article 31/2 / of the Misdemeanors Law No. 5326. In accordance with paragraph 5 of Article 14 of the Minimum Wage Tariff for Lawyers in force on the date of the decision and article 168 of the Law on Lawyers No. 1136, a fixed attorney fee of 910,00 Turkish Lira should be paid to the plaintiff due to the representation of the plaintiff by a proxy,
3- Leaving the expenses made by the organization whose decision was applied to the treasury in accordance with Article 324/4 of the CMK due to the fact that the amount made by the organization was less than the amount required according to Law No. 6183 as of the date of the decision- Leaving the expenses made by the organization whose decision was applied to the treasury in accordance with Article 324/4 of the CMK due to the fact that the amount made by the organization was less than the amount required according to Law No. 6183 as of the date of the decision,
4- Notification of the decision to the parties,
in accordance with Articles 28/10, 29/1 and 268/1 of the Criminal Procedure Code 5271 of the Misdemeanors Code 5326, a petition that the parties will submit to our Judge within seven days from the date of notification or a declaration to be submitted to the clerk of the police, provided that the objection is deemed appropriate by the judge of the declaration and signature Adana 6.dance with Articles 28/10, 29/1 and 268/1 of the271 of the Misdemeanors Code 5326, a petition that the parties wn accordance with Arti