T.C. SUPREME COURT DECISION

7.Criminal Department
Based on: 2016/10029
Decision: 2016/8897
Date of Decision: 23.06.2016

A CRIME OF SMUGGLING – A VEHICLE STOPPED AT ROAD CONTROL WAS SEIZED WITHOUT A BANDOL AND SMUGGLED CIGARETTES DURING A SEARCH – A VIOLATION OF THE PROVISION FACILITY WITH INCOMPLETE INSPECTION – A VIOLATION OF THE PROVISION

Summary: in the history of you stopped in control of the way the event is made …’S led and …’S cardboard and is located next to smuggled cigarettes were seized during a search of the vehicle, which bandrolsuz 1.720, the accused …’s thrown on the stage during capture the scene in the defense of absence and the fault does not accept …’s had provided the vehicle for this purpose clothes and stuff to move a car he wants, smuggled cigarettes has nothing to do with stated, gave expression partially observed that although the defense of the other defendants in the correct orientation, during capture appears to be located within the vehicle and opened with this file and linked mainly about sentence confirmed through the review of the Appeal Decision No. 2014/24646 2015/18567 … 2013/230 Criminal Court Decision No. 2013/279 mainly imported the file of the file contained in this file the statement of the result of the examination and consideration of the defendant’s legal status should be missing when the study is able to determine the terms of the facility isabetsiz.

(4733 Pp. K. m. 8)

Case: The sentence given by the local court was appealed and the application was discussed and considered on behalf of the Turkish Nation after the file was read according to the nature, type of punishment, duration and date of the crime;

Decision: I- Participating in the review of the appeal of the … deputy of the Administration;

8/4 of the Law No. 4733, which is amended by the Law No. 5752 on the action taken against the defendants according to the date of the crime and the nature of the seized goods. since the customs administration, which has not been directly harmed by the crime, does not have the right to participate in the case and appeal the provision, the request for a formal appeal of the deputy treasury on behalf of the customs administration to Law 8/1 of Law 5320 remains within the scope of paragraph 1. article 317 of CMUK No. 1412, which is in force in accordance with its article. REFUSAL in accordance with the article,

II- The defendant … is examined according to the appeal of his defense;

Made in the history of the event is in control of the way you stopped …’s led and …’S cardboard and is located next to smuggled cigarettes were seized during a search of the vehicle, which bandrolsuz 1.720, the accused …’s thrown on the stage during capture the scene in the defense of absence and the fault does not accept …’s had provided the vehicle for this purpose clothes and stuff to move a car he wants, smuggled cigarettes has nothing to do with stated, gave expression partially observed that although the defense of the other defendants in the correct orientation, this file is located within the vehicle during capture and … about our apartment opened and apparently that is linked mainly with the sentence confirmed through the review of the Appeal Decision No. 2014/24646 2015/18567 … 2013/230 Criminal Court Decision No. 2013/279 mainly imported the file of the file contained in this file the statement of the result of the examination and consideration of the defendant’s legal status in writing with the provision of facilities should be able to determine when an incomplete review,

Conclusion: Contrary to the law, since the appeals of the defendant’s defense are considered to be in place as of this moment, the provision is 8/1 of the Law No. 5320. article 321 of CMUK No. 1412, which is in force in accordance with its article. its DETERIORATION in accordance with the article was decided unanimously on 23.06.2016.