05 Nov THE SUBJECT OF THE APPEAL REVIEW IS THAT IT SHOULD BE INVESTIGATED WHETHER THERE IS A LINK BETWEEN THIS FILE AND THE OTHER FILE IN TERMS OF DECRIMINALIZATION OF CHAINING
T.C. SUPREME COURT
7.Criminal Department
Based on: 2014/24599
Decision: 2016/8643
Date of Decision: 22.06.2016
VIOLATION OF LAW NO. 4733 – THE SUBJECT OF THE APPEAL REVIEW SHOULD BE INVESTIGATED WHETHER THERE IS A CONNECTION BETWEEN THIS FILE AND ANOTHER FILE IN TERMS OF THE APPLICATION OF A CHAIN CRIME – THE PROVISION DEC OVERTURNED
SUMMARY: The Criminal Court of First Instance …. K. subject to appellate review by examining whether a numbered file with this file you imported in the other files mentioned in terms of the connection is available between the application of TCK article that is the subject of appellate review, as if it is the case and whether or not involved in the case are whether or not the discussion of the existence of the aforementioned aspects in case it is determined that there is no link work on merging of files or any other file by the consideration of the defendant’s legal status should be appreciated that determination of the thought, it is not the cause of the reversal of provision.
(5237 Pp. K. m. 43, 53, 54) (ANY. MAH. 08.10.2015 T. E. 2014/140 2015/85 K. )
Case and Decision: The verdict given by the local court was appealed; 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;
I-In the examination of the defendant …’s appeals;
Although other appeals are not in place,
1-TCK’s 53. as for the implementation of the article of the Constitutional Court dated 08.10.2015 and entered into force on the same day by publication in the Official Gazette dated 24.11.2015 and dated 2014/140 E. – 2015/85 K. the need to establish a provision taking into account the numbered decision,
2-Provision of a power of attorney fee in favor of the customs administration, which, according to the nature of the breakthrough crime, was decided to participate in the case even if it was not harmed by the crime,
Contrary to the law, Article 8/1 of Law No. 5320, since the defendant’s appeals are therefore considered on the spot, and this does not require a retrial.article 322 of CMUK No. 1412, which is in force in accordance with its article.in accordance with the article;
1-TCK’s 53. the removal of the paragraph on the implementation of the article from the provision, instead of “the Constitutional Court of 08.10.2015 of 2014/140 E, which entered into force on the same day by publication in the Official Gazette dated 24.11.2015″. – 2015/85 K. taking into account the decision No. 53 of the Turkish Commercial Code. article 2 and 3. in accordance with the conditions in paragraphs 1 of the article of the law referred to about the accused. to apply paragraphs (a), (b), (c), (d) and (e) of paragraph (a), the phrase ”,
2-The issuance of the paragraph on the provision of a power of attorney fee in favor of the Customs Administration, the correction and APPROVAL of the provision by leaving the other parts exactly,
II- In the examination of the defendant …’s appeals, the;
Although other appeals are not in place,
1-As a result of the examination conducted taking into account the UYAP records, the defendant is subject to an appeal examination, the subject of this case is of the same nature as the crime and our apartment is 2015/27972 E. registered during Erzurum 1. 2012/426 E of the Criminal Court of First Instance. – 2014/629 K. it is understood that the crime dated 15.01.2012, which is the subject of an appeal review, is the same as the crime subject to this case, is one of the crimes alleged to have been committed on 6 different dates by the defendant, which also has another numbered file, which is the subject of the other mentioned file;
08.04.2014 date and also of the General Assembly of the court of Criminal Appeals accepted Dairemizce 2013/7-591 Main, 2014/171 Decision of committing the offence as mentioned in the decision of the format details in the crime of properties in the actual context, the verbs, the elapsed time between the protected value and utility, whom the action is directed to the nature of the subject material, the occurrence and development of events is reflected in all of the other features that are evaluated together with the outside world, to commit a crime and the defendant’s actions within the scope of performing the execution of the decision of the Penal Code is 43. in terms of determining whether the article will be applied and whether the crimes dated 15.01.2012 that are the subject of both cases are subject to the case in duplicate;
2015/27972 E of our apartment of a similar nature about the accused. registered during Erzurum 1. 2012/426 E of the Criminal Court of First Instance. – 2014/629 K. the numbered file has been brought and examined, and the subject of the appeal review is between this file and the other file mentioned in Article 43 of the DEC. discussion of whether there is a connection in terms of the application of the article and the subject of the appeal review whether the crime subject to this case is the subject of the case repeatedly, if it is determined that there is a connection in these aspects, it is not considered that the defendant’s legal status should be determined and evaluated by merging the files or considering the other file,
Also according to acceptance and application;
2-According to the nature of the breakthrough crime, it is understood that it was decided to liquidate the goods subject to the case by obtaining a sample by the interim decision of the hearing dated 3-04.12.2012, ordering a power of attorney fee in favor of the customs administration, which decided to participate in the case even if it was not harmed by the crime, 54/1 of the DEC. in accordance with article 54/1 of the Turkish Commercial Code, the confiscation of unlabeled and illegal cigarettes subject to litigation is allowed only if the liquidation process has been completed. in accordance with the article, it is against the law not to observe that the confiscation of bandroll-free and illegal sample cigarettes and the liquidation fee should be decided on the registration of irat on behalf of the treasury;
3-TCK’s 53. as for the implementation of the article of the Constitutional Court dated 08.10.2015 and entered into force on the same day by publication in the Official Gazette dated 24.11.2015 and dated 2014/140 E. – 2015/85 K. the need to establish a provision taking into account the numbered decision,
Conclusion: Since the appeals of the accused, which required overturning, are considered to be in place as of this moment, the provision is 8/1 of Law No. 5320. article 321 of CMUK No. 1412, which is in force in accordance with its article. the VIOLATION in accordance with the article was decided, unanimously, on the day of 22.06.2016.
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