23 Aug Over The Counter Drug Sales Although It Is Illegal
It is a misdemeanor to sell drugs without a prescription that must be sold by a doctor, and an administrative fine is imposed for each sale. In cases where the prescription is not mandatory, the drugs are made in the procedures determined by the law. You can look at the example Supreme Court decision.
19. Criminal Department
Base Number: 2020/821
Decision Number: 2021/1558
“Case Law Text”
6197 due to the sale of antibiotics without a prescription pharmacies and pharmacists act in violation of the misdemeanor … about three times 521,00 Turkish lira administrative fine on the application of Xinjiang Prefect District Health Directorate dated 12/02/2019 and B.221, B.222, B. Ankara West 2 on the rejection of the application against the administrative fine sanctions decisions No. 223. Magistrate’s Criminal Judge 13/03/2019 dated and 2019/840 different business decision against the Ministry of Justice 20/12/2019 day and 94660652-105-06-6539-2019-Puk law no.containing the request to disrupt the letter contained in the annex of the case file of the Supreme Court of Addition 03/01/2020 days and PUK-2019/136115 with the notification of the department was read.
In the aforementioned notice;
According to the scope of the file, although an administrative fine of 521,00 Turkish lira was applied three times, once for each drug with a bet that he sold antibiotics without a prescription 3 times about the misdemeanor, 15/2 of the misdemeanor Law No. 5326. in its article ” if more than one misdemeanor is committed, an administrative fine is imposed separately for each misdemeanor. For misdemeanors that can be committed with a continuous verb, therefore, the verb is considered single until the decision on administrative sanctions is made.”in the face of the regulation, three different minutes were issued due to the act of selling antibiotics without a prescription and three separate administrative sanctions decisions were made, all sales should be considered a single act, without considering that a decision on administrative sanctions cannot be made separately for each drug, 309 of the Criminal Procedure Code 5271 on the grounds that the decision was not made in writing, rather than accepting the application in this direction. in accordance with the article, the decision referred to was requested to be violated in the interest of the law, and the requirement was discussed and considered;
1/2 of Act 1262. in the article ” those who are legitimate to be given with a medical prescription, but in accordance with the prescription and others without a prescription, are sold exclusively in pharmacies and pharmaceutical stores in accordance with the law.”the act that constitutes misdemeanor is defined by the Regulation, Law No. 5326 15/2. “if the same misdemeanor is committed more than once, an administrative fine is imposed separately for each misdemeanor. For misdemeanors that can be committed with a continuous verb, therefore, the verb is considered single until the decision on administrative sanctions is made.” it is accepted that it will be considered a single verb until administrative sanctions are applied in terms of misdemeanors that can only be committed with a continuous verb with an arrangement, and it cannot be mentioned that selling drugs without a prescription that must be sold with a prescription loaded with a misdemeanor is a continuous verb due to the fact that they are performed at different times and with different transactions,
The Supreme Court decided unanimously on 15/02/2021 to reject the Attorney General’s request to overturn the law, which was not seen in place.
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