T.C. SUPREME

7.Criminal Division
Basis: 2014/29494
Decision: 2016/9095
Decision Date: 30.06.2016

OPPOSITION CRIME NO. 4733 – SINCE THE ACT IS CONSIDERED SUFFICIENT TO BE CARRIED OUT BY TWO PEOPLE IN TERMS OF THE OCCURRENCE OF THE CRIME OF MASS TRAFFICKING, THE SENTENCES OF THE ACCUSED SHOULD BE INCREASED-VIOLATION OF THE PROVISION

Abstract: in the provision established on the accused charged with the opposition crime No. 4733, it was considered sufficient to perform the act by two persons in terms of the occurrence of the crime of mass smuggling, and the failure to observe that the sentences of the accused should be increased by half in accordance with the article of the law referred to required violation. A decision has been made to overturn the sentence.

(5237 P. K. m. 50) (4926 P. K. m. 5) (YCGK t. 31.01.2012 T. 2011/7-465 E. 2012/11 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;

Due to the fact that the notification of the reasoned decision in the work followed by the deputy is made to the nobleman without observing that it should be made to the deputy, the defendant … in the examination conducted by accepting that the appeal of the defense is in the period of learning;

1.As stated in the Decree No. 5/last article of the law No. 4926, which came into force after the date of the crime, as stated in the General Assembly of the Criminal Court of 31/01/2012, 2011/7-465 and 2012/11, it is stated that the crime of mass smuggling organized by two people can be committed, according to the results of the defendants ‘ actions due to the act they committed together, their actions are considered as collective smuggling and accordingly the defendants are mutually liable for 4.5 times the customs value calculated from the CIF value determined by the expert, and they do not pay without regard to the determination and discretion of their legal status,,

2.4926 Law No. 5607 in the determination of the law, which is in favor of the Law No. 5607, the short-term prison sentence for the defendants in the application of the Anti-Trafficking Law No. 5237 TCK No. 50.a decision on conviction in accordance with law 4926, which states that it will be converted to a judicial fine in accordance with the article, and the result is that the sentence is more in favor of the defendants,

By admissions;

5/3 of the Anti-Trafficking Law No. 4926. in terms of the occurrence of the crime of mass smuggling in the article, the act was considered sufficient to be carried out by two people, and it was not observed that the sentences of the accused should be increased by half in accordance with the said article of the law,

Conclusion: contrary to the law, since the appeals of the defendant’s defense and the deputy of the administration involved are therefore considered in place, 8/1 of law 5320. in accordance with article 321 of Cmuk No. 1412 in force.her upset was decided by unanimous decision on 30.06.2016.