It Is Unjustified To Impose More Punishment On The Accused Who is Caught With Cigarettes Without Banderol and Illegal Cigarettes - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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It Is Unjustified To Impose More Punishment On The Accused Who is Caught With Cigarettes Without Banderol and Illegal Cigarettes

26 Jul It Is Unjustified To Impose More Punishment On The Accused Who is Caught With Cigarettes Without Banderol and Illegal Cigarettes

Posted at 16:40h in General by
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Supreme Court of the Republic of Turkey

7.Criminal Division
Mainly: 2014/30469
Decision: 2016/9085
Decision Date: 30.06.2016

CRIME OF SMUGGLING-THE DEFENDANT, WHO WAS SEIZED WITHOUT A BAND AND CONTRABAND CIGARETTES – WAS REMOVED FROM THE LOWER LIMIT, INCOMPATIBLE WITH THE MEASURES OF FAIRNESS, AND THE EXCESSIVE DETERMINATION OF PUNISHMENT AGAINST THE DEFENDANT WAS NOT HIT – THE PROVISION WAS BROKEN

November Dec decapitation: in the case of 529 packages of non-bandrol and contraband cigarettes in the defendant, the method of the crime, the means used in the commission of the crime, the time and place of the crime, the importance and value of the subject of the crime, the weight of the harm or danger caused, the intent of the perpetrator, the purpose and motive elements of the, the determination of an excess penalty against the accused by moving away from its lower limit incompatible with the measures of fairness is not accurate.

(5237 P. K. m. 52, 53, 61) (ANY. MAH. 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;

1- In the case of 529 packages of non-bandrollees and contraband cigarettes, 5237 numbered TCK 61.November Dec decries the criminal law,

2-24/11/2015 day 29542 published in the Official Gazette and entered into force of the Constitutional Court 08/10/2015 date and 2014/140 basis, 2015/85 with the cancellation decision No. 5237 TCK 53.due to the cancellation of some parts of the article, it is necessary to re-evaluate the mentioned article,

3-although it was decided to collect the judicial fine imposed on the defendant in installments and in 5 equal installments, 5237 TCK 52/4.failure to specify the installment December in violation of the provision of the article and to create hesitation in execution,

4 – a decision on the confiscation of the property subject to the case should be made, while a decision on the liquidation of the facility,

Conclusion: 8/1 of law 5320, since it is contrary to the law and the appeals of the accused have been seen in place in this respect.in accordance with article 321 of Cmuk No. 1412 in force.her upset was decided by unanimous decision on 30.06.2016. (¤¤)

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