It is Necessary To Investigate Whether There is a Link Between This File and The Other File, Which is The Subject of Appeal Review, in Terms of Decriminalization

26 Jul It is Necessary To Investigate Whether There is a Link Between This File and The Other File, Which is The Subject of Appeal Review, in Terms of Decriminalization

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Supreme Court Of The Republic Of Turkey

7.Criminal Division
Basis: 2014/24599
Decision: 2016/8643
Decision Date: 22.06.2016

CRIME OF VIOLATION OF LAW 4733 – IT IS NECESSARY TO INVESTIGATE WHETHER THERE IS A LINK BETWEEN THIS FILE AND ANOTHER FILE THAT IS SUBJECT TO APPEAL REVIEW IN TERMS OF THE APPLICATION OF A CHAIN CRIME – THE PROVISION IS DECRIED

Summary: Criminal Court of First Instance…. K. a discussion of whether there is a connection between this file and the other file mentioned in terms of the application of Article Turkish Penalty Code … and whether the crime subject to this case is the subject of repeated litigation, if it is determined that there is a connection in these aspects, it is not considered that the legal status of the defendant should be determined and evaluated by combining the files or taking into account the other file, this is the reason for the violation of the decriminalization clause.

(5237 P. K. m. 43, 53, 54) (Sup. Court 08.10.2015 T. 2014/140 E. 2015/85 K. )

Case and decision: the decision given by The Local Court was appealed; after reading the file according to the nature of the application, type of punishment, duration and date of crime, the requirement was discussed and considered on behalf of the Turkish nation;

I-defendant …’s appeal under review;

Although other appeals are not in place,

1-53 of the Turkish Penalty Code from the point of view of the application of the article 24.11.2015 published in the Official Gazette and entered into force on the same day of the Constitutional Court 08.10.2015 date and 2014/140 E. – 2015/85 K. the need to create a provision taking into account the numbered decision,

2-according to the nature of the discarded crime, the provision of power of attorney in favor of the customs administration, which decided to participate in the case, even if it was not damaged by the crime,

Contrary to the law, since the defendant’s appeals are therefore seen in place and this matter does not require a retrial, act 5320 is 8/1.in accordance with article 322 of Criminal Procedure Code No. 1412 in force.according to the article;

1-53 of the Turkish Penalty Code removal of the provision of the paragraph on the application of the article, instead of ” 24.11.2015 published in the Official Gazette of the Constitutional Court, which entered into force on the same day 08.10.2015 date and 2014/140 E. – 2015/85 K. considering the decision No. 53 of the TCK. 2 and 3. in accordance with the conditions in the paragraphs, Article 1 of the law referred to about the accused. application of paragraphs (a), (b), (c), (d) and (e) of the paragraph, ” writing the phrase,

2-removal of the paragraph on the provision of the power of attorney in favor of the Customs Administration, correction of the provision by leaving the other parts in the same way,

II-in the examination of the appeals of the accused …;

Although other appeals are not in place,

1-as a result of the examination conducted taking into account the UYAP records, the defendant is of the same nature as the crime subject to this case based on the appellate review of our department 2015/27972 E. during recording, Erzurum 1. 2012/426 E. Of The Criminal Court Of First Instance – 2014/629 K. 15.01.2012 of the crimes alleged to have been committed by the defendant on 6 different dates, in which there is another file numbered, the subject of the other file mentioned, the subject of the appeal review of the crime dated 15.01.2012 is understood to be the same as the crime subject to this case;

08.04.2014 date and also of the General Assembly of the court of Criminal Appeals accepted Dairemizce 2013/7-591 Main, 2014/171 Decision of committing the offence as mentioned in the decision of the format details in the crime of properties in the actual context, the verbs, the elapsed time between the protected value and utility, whom the action is directed to the nature of the subject material, the occurrence and development of events is reflected in all of the other features that are evaluated together with the outside world, to commit a crime and the defendant’s actions within the scope of performing the execution of the decision of the Penal Code is 43. from the point of view of determining whether the article will apply and whether the crimes of 15.01.2012, which are the subject of both cases, are the subject of repeated cases;

2015/27972 E. recorded during 1. 2012/426 E. Of The Criminal Court Of First Instance – 2014/629 K. by bringing and examining the numbered file, the subject of the appeal review is between this file and the other file mentioned, TC Dec 43. if it is determined that there is a connection in terms of the application of the article and that the crime subject to this case is subject to appeal review, it is not considered that the legal status of the accused should be determined and evaluated by combining the files or taking into account the other file.,

By admission and practice;

2-according to the nature of the discarded crime, the provision of the power of attorney fee in favor of the customs administration, which decided to participate in the case, even though it was not damaged by the crime, 3-04.12.2012 with the interim decision of the hearing, it is understood that the liquidation of the goods subject to the case was decided by sampling, Dec.54/1 of the TCK. in accordance with article 54/1 of the TCK, if the liquidation process has been carried out, however, the subject of the lawsuit is the confiscation of bandrolless and contraband cigarettes. according to the article, the confiscation of cigarettes without bandroles and contraband samples and the liquidation price should be decided on the irat record on behalf of the Treasury, contrary to the law;

3-53 of TCK. from the point of view of the application of the article 24.11.2015 published in the Official Gazette and entered into force on the same day of the Constitutional Court 08.10.2015 date and 2014/140 E. – 2015/85 K. the need to create a provision taking into account the numbered decision,

Conclusion: 8/1 of law 5320 of the provision, since the defendant’s appeals were deemed to be in place in this respect. in accordance with article 321 of Cmuk No. 1412 in force. in accordance with the article, it was decided by unanimous decision on 22.06.2016.