T.C.
SUPREME
- CRIMINAL DEPARTMENT
E. 2014/15102 K. 2014/14597 T. 8.7.2014
THE CASE : The decision made by the local court was appealed; the application was discussed and considered as necessary after the file was read according to the nature, type of punishment, duration and date of the crime:
DECISION : Since the appeal of the Public Prosecutor’s Office of the Supreme Court dated 1.5.2014 and numbered 7-2011-152425 was considered on the spot, the decision of our Department dated 19.2.2014 and numbered 2013/2164 Esas – 2014/3780 was lifted upon acceptance of the appeal during the review;
1 -) On the date of the crime, the defendant’s action is contraband, provided for in Article 3/5 of Law No. 5607 in the direction of illegal sugars, as well as in the direction of illegal fuel oil, in addition to Law No. 5/1 of 5015 October 5/1. TCK No. 5237, since it constitutes the crime organized in Article 5237.nun 44. in accordance with Article 5015 of the Law No. 5/1, which provides for the most severe punishment for the sole reason of transporting sugar and fuel oil, the defendant should be punished in accordance with October 5/1, while it is decided to convict him of two separate crimes in writing,
2 -) Also according to the acceptance;
a -) Article 58 of the Criminal Code on the defendant who has been sentenced to more than three months in prison for a repeated intentional offense. the decision to postpone the prison sentence, which was ruled out from the opposition to the law No. 5015, despite the fact that the article was not applied and there was a criminal record preventing the postponement,
b- ) The subject matter of the case does not constitute the entire or weighted part of the goods in terms of quantity or volume relative to the load of the means of transport, and given the value of the smuggled goods and the value of the means of transport decided to confiscate, the confiscation number is TCK No. 5237.nun 54/3. the decision to confiscate the transport vehicle instead of returning it, taking into account that it will be unfair within the scope of the article,
CONCLUSION: Since the appeals of the accused against the law have been considered on the spot as of this date, the decision is 8/1 of Law No. 5320. CMUK No. 1412, which is in force in accordance with its article.nun 321. it was unanimously decided on 08.07.2014 that the defendant’s right to punishment in accordance with Article 326 /last article should be observed for the reason of violation No. 2-a, in accordance with Article 326 of the Criminal Code.
