EN SUPREME COURT
Criminal Department
Originally: 2014/30469
The Verdict: 2016/9085
Decision Date: 30.06.2016
The crime OF smuggling – THE DEFENDANT WHO CONTACTS WITHOUT A BAND ROOM AND USES ILLEGAL CIGARETTES – THE IMPOSSIBLE RESULT OF HIS DEPARTURE FROM THE JURISDICTION BY REMOVING IT FROM THE LOWER BORDER IN A WAY THAT DOES NOT CORRESPOND TO THE MEASUREMENTS OF RIGHTS
SUMMARY: In the incident where 529 packages of smuggled and smuggled cigarettes were seized on the defendants, the basic punishment between the lower and upper limits should be taken into account when determining the basic punishment between the lower and upper limits, the manner of committing the crime, the means used to commit the crime, the time and place of committing the crime, the importance and value of the subject of the crime, the weight of harm or danger, the intent, purpose and motive of the perpetrator.
Although it does not require the attractiveness of the defendant’s action, it was not deemed appropriate to give the defendant more punishment than necessary by moving away from the lower limit according to the scope of the file, which is not severe compared to similar events, although it does not require the attractiveness of the defendant’s action, it was not appropriate to comply with the Deciency criteria. Nov.
(5237 SK Md. 52, 53, 61) (ANY. MAH. 08.10.2015 T. 2014/140 E. 2015/85 K.)
Trial and Decision:
The verdict given by the local court is appealed; after the file is read taking into account the nature of the application, the type of punishment, the duration and the date of the crime, the necessity is discussed and decided on behalf of the Turkish Nation;
1- In the incident where 529 packages of contraband and smuggled cigarettes were seized from the defendants, the 61st of the Turkish Penal Code numbered 5237. in determining the basic punishment between the lower and upper limits in accordance with the article, the manner in which the crime was committed, the means used to commit the crime, the time and place where the crime was committed, the importance and value of the subject of the crime, the weight of the harm or danger, the November, the purpose and motive of the perpetrator should be taken into account……………Dec…………… Determination of further penalties for the accused by removal from the border,
2- With the Constitutional Court’s cancellation decision dated 08/10/2015 dated 24/11/2015 and published in the Official Gazette numbered 29542 dated 2014/140 and numbered 2015/85, due to the cancellation of some parts of Article 53 of the Turkish Penal Code numbered 5237, there was an obligation to re-evaluate the said article,
3- Although it was decided to collect the judicial fine in installments in 5 equal installments, the December of installments should not be determined in violation of the provision of Article 52/4 of the TCK No. 5237 and in such a way as to create hesitation in the execution,
4- If the confiscation of the goods subject to the lawsuit is necessary, making a decision on their liquidation,
Conclusion:
Due to the fact that it is contrary to the law and the defendant’s objections in this regard are considered on the spot, 8/1 of Law No. 5320. 321 of the Criminal Procedure Code No. 1412, which is in force in accordance with Article 321 of the Criminal Procedure Code. in accordance with the article, the cancellation of the DECISION was decided unanimously on 30.06.2016. (¤¤)