T.C. THE DECISION OF THE SUPREME COURT

7.Criminal Department
Base: 2014/29494
Decision: 2016/9095
Date of Decision: 30.06.2016

OPPOSITION CRIME NO. 4733 – SINCE IT IS CONSIDERED SUFFICIENT THAT THE ACT WAS COMMITTED BY TWO PEOPLE IN TERMS OF THE OCCURRENCE OF A MASS SMUGGLING CRIME, THE DEFENDANTS’ SENTENCES SHOULD BE INCREASED – VIOLATION OF THE PROVISION

ABSTRACT: In the provision established on the accused charged with the crime of dissent No. 4733, it was deemed sufficient that the act was carried out by two people in terms of the occurrence of the crime of collective trafficking, and it was not observed that the sentences of the defendants should be increased by half in accordance with the article of the law, which required disruption. It has been decided that the provision will be overturned.

(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 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;

In the examination conducted by accepting that the defendant’s defense appeal is in the learning period due to the fact that the reasoned decision notification should be made to the deputy in the cases followed by the deputy;

1.As stated in the Decision No. 465 of 2012/2012 dated 31/01/2012 and Decision No. 4926 entered into force after the date of the crime, it was stated that the crime of collective trafficking organized in Article 5 / last of the Law No. 4926 may be committed by two people, as a result of the fact that the defendants did not pay without due consideration of their legal status and discretion, their convictions should be decided in writing with a bet that their actions are considered mass smuggling and accordingly the defendants are offered to be jointly liable for 4.5 times the customs value calculated from the CIF value determined by the expert, and as a result they do not pay without the determination and discretion of their legal status,

in determining the law in favor of Law No. 2.4926 and Law No. 5607, the short-term prison sentence imposed on the defendants in the case of the application of the Anti-Trafficking Law No. 5607 is determined by Article 50 of the Turkish Commercial Code No. 5237.according to article 4926, a conviction decision is made against the accused without regard to the fact that it is stated that it will be converted into a judicial fine in accordance with the article and the resulting punishment is more favorable for the defendants,

By admission, too;

5/3 of the Anti-Trafficking Law No. 4926. in terms of the occurrence of a crime of mass smuggling in the article, it is considered sufficient that the act was committed by two people, and the defendants’ sentences should be increased by half in accordance with the article of the law,

Conclusion: Contrary to the law, since the appeals of the defendant’s defense counsel and the deputy of the Administration of the defendant are therefore considered to be in place, Law 8/1 of 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 30.06.2016.