26 Jul It Was Decided By The Court To Give an Attorney’s Fee in Favor of The Customs Administration, Which Was Decided To Participate in The Case Even Though it Was Not Harmed By The Crime
Supreme Court Of The Republic Of Turkey
7.Criminal Division
Mainly: 2014/22890
Decision: 2016/8644
Decision Date: 22.06.2016
CRIME OF OPPOSITION TO LAW 4733 – 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 – CORRECTION AND APPROVAL OF THE PROVISION
Abstract: in accordance with the nature of the discarded crime in the provision established against the accused who was charged a crime in opposition to law 4733, it was decided that the provision of a 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, required to violate the provision, and it was decided to correct the provision and approve it.
(5237 P. K. m. 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-according to the nature of the crime, since the provision that the customs administration, which is not directly damaged by the crime, has been decided to participate in a public case, does not qualify for an appeal, the request of the customs administration attorney to appeal is 8/1 of law 5320.317 of Cmuk No. 1412 in force in accordance with article.refusal in accordance with the article,
II-in the examination of the appeals of the accused …;
Although other appeals are not in place,
1-53 of the Turkish Penalty Code about the defendant, who has decided to be punished with a prison sentence for a crime that he intentionally committed. Article 1. failure to observe that deprivation of rights regulated in paragraph (c) of paragraph should also be ruled,
2-instead of confiscating all cigarettes subject to the case, which are contraband and without bandrol, the paragraph of the article is also shown incorrectly to be satisfied with the confiscation of samples registered in the judicial trust,
3-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,
Conclusion: contrary to the law, 8/1 of act 5320, since the defendant’s appeals are therefore seen in place and this matter does not require a retrial.in accordance with article 322 of the code of Criminal Procedure 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 Turkish Penalty Code. 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 confiscation of cigarettes registered in judicial custody, instead of “Turkish Penalty Code 54/1. according to the article, the subject of the lawsuit is the confiscation of bandroles and contraband cigarettes, ” writing the phrase,
3-customs administration in favor of the provision of the power of attorney fee to be removed from the paragraph, other parts of the provision by leaving the same correction and approval, 22.06.2016 day was decided unanimously.
No Comments