Summary:
1,500 TL was paid directly. Pursuant to Article 8/1 of Law No. 5320, since the decision regarding the judicial fine is final in terms of amount, the fact that there is no provision stating that it cannot serve as a basis for repetition in accordance with Article 305/final of the Code of Criminal Procedure No. 1412, which is still in force,
TC
Supreme
Criminal Chamber
Decision No: 2014/36032
Decision No: 2015/12450
Date: 08.04.2015
The decision rendered by the local court was appealed and the documents were reviewed;
It was deliberated with reasons and a decision was rendered;
Other appeals were rejected, however;
Based on the defendant’s recidivism, the Karadeniz Ereğli 1st Criminal Court of First Instance issued its decision directly with the number 2010/402 – K. 1,500 TL, 2012/148. Pursuant to Article 8/1 of Law No. 5320, since the decision regarding the judicial fine is final in terms of amount, pursuant to Article 305/final of Law No. 1412, which is still in force, recidivism cannot be relied upon, and
since the defendants’ appeals are deemed valid at this point, the ruling is Article 8/1 of Law No. 5320. Pursuant to Article 321 of Law No. 1412, which is in force, and in accordance with Article 321 of Law No. 1412, the ruling was unanimously overturned on April 8, 2015, in accordance with the request.