TC SUPREME
10.Criminal Department
Main: 2015/5406
The Verdict: 2017/4317
Decision Date: 3.10.2017
SUMMARY: The crime of drug trafficking is difficult to be committed by the defendants, and it is necessary to check whether these substances were taken in some phone calls, in the statements of witnesses, since drugs or stimulants cannot be collected from the defendants.
(5237 P.K. m. 43, 64, 188)
The file has been reviewed. It was discussed and deemed necessary:
A) Examination of the defendant’s … conviction decision for the crime of drug trafficking in chains:
After the decision, in the population registration sample taken from MERNIS and placed in his file via the UYAP system; If the court finds that the defendant died on 10.06.2015, in the face of the understanding that the defendant died, the public case to be opened against him is 64/1 of the Turkish Penal Code numbered 5237. there is an obligation to make a decision to fall in accordance with the article,
Since the objections of the defendant’s defense are therefore examined on the spot, without examining other aspects of the VIOLATION of the provision,
B) Examination of the provisions of the convictions made against the defendants …, …, … and … for drug trafficking in the following matters:
That the proceedings during the trial are conducted in accordance with the law, the evidence is discussed in the reasoned decision by showing, the conscience is based on correct data in accordance with the documents and information contained in the file, the actions are determined by the defendants, the type of crime that corresponds to the action and the sanctions other than the following are correctly determined, the rejection of other appeals that are not considered appropriate, but;
The fact that the crime of drug trafficking is difficult to be committed by the defendants, and some phone calls, the taking back of drugs or stimulants they have taken from the defendants due to witnesses, 43 of the TCK. this is not possible without consideration on behalf of the defendants in the article. Determination of excessive punishment by applying the provisions of the “chained crime” stipulated in the article,
Since the defendant …, …, … and …’s appeals were in place, it was decided unanimously on 03.10.2017 to OVERTURN the judgment in violation of the law.