24 Jun The Registration Of The Vehicle Used In The Crime Was Notified Of The Case and Sent To The Court By Incomplete Examination Without Obtaining a Declaration Of Confiscation
T.C. SUPREME
7.Criminal Division
Basis: 2014/30174
Decision: 2016/9031
Decision Date: 30.06.2016
CRIME OF OPPOSITION TO LAW 4733 – REGISTRATION OF THE VEHICLE USED IN THE CRIME MALIKI WAS INFORMED OF THE CASE AND MADE A PROVISION WITH INCOMPLETE EXAMINATION WITHOUT RECEIVING A DECLARATION ON CONFISCATION – VIOLATION OF THE PROVISION
Summary: registration of the vehicle used in the crime Maliki was informed of the case, without receiving a declaration on confiscation and the vehicle was well-qualified 3. the issue of whether it belonged to the person was not discussed at the site of the decision and the result of incomplete examination required the conviction to be overturned. A decision has been made to overturn the sentence.
(5607 P. K. m. 3) (5237 P. K. m. 53) (5271 P. K. m. 226, 257) (4733 P. K. m. 8) (ANY. MAH. 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;
1 – The defendant … …except for the claim that 5200 cartons of contraband cigarettes caught in the vehicle belong to the defendant ……and offered him Transportation, the defendant’s defense that he committed the discarded crime … … is not sufficient evidence, so the defendant’s written conviction is decided instead of acquittal,
2-3/5 of law 5607 on the accused. 8/4 of law 4733, even though a public case has been filed with a request for punishment in accordance with Article 8. 226/1 of the CMK by establishing a provision for opposition to the article. to be treated in breach of Article,
3-registration of the vehicle used in the crime 257/2. in accordance with Article 3, without being notified of the case, without receiving a declaration of confiscation, and with the goodwill of the vehicle. the issue of whether it belongs to the person is not discussed at the site of the decision as a result of the incomplete examination sentencing facility in writing,
4-24.11.2015 day 29542 published in the Official Gazette and entered into force of the Constitutional Court 08.10.2015 date and 2014/140 basis, 2015/85 with the cancellation decision No. 5237 TCK.nm 53.due to the cancellation of some parts of the article, it is necessary to re-evaluate the mentioned article,
No. 5237 TCK.nun 53. Article 3. in accordance with paragraph 1 of the same article.(c) the defendant, written in paragraph (c), shall be subject to conditional release from the service of custody or trusteeship with custody rights over his subso, and those rights and powers relating to those outside the subso shall be deprived until the completion of the execution of the sentence, without regard to the fact that it must be decided,
5-the confiscation of the property subject to the lawsuit should be satisfied, Law No. 4733 8/4. in accordance with the article, the liquidation by destruction is also ruled,
6 – a decision has been made to accept the customs administration, which does not have the right to participate in the case, as a participant, and … it is not clear which institution it is appreciated in favor of, even though it receives the adjective participating in the “proxy fee in favor of the participating institution”.,
Conclusion: contrary to the law, since the defendants ‘ appeals are considered in place in this respect, the provision is 8/1 of law 5320. in accordance with article 321 of Cmuk No. 1412 in force. it was decided by unanimous decision on 30.06.2016.
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