T.R.
ADANA
- CRIMINAL JUDGMENT OF MAGIC
DIFFERENT BUSINESS DECISION
CHANGED JOB NO: 2021/1183 D.Is
JUDGE:
CLERK:
APPLICANT:
ATTORNEY:
APPLICABLE TO THE DECISION: Çukurova District Governorate
SUBJECT OF APPLICATION: Objection to Administrative Fine
APPLICATION DATE: 09/02/2021
DECISION DATE: 24/02/2021
The petition and its annexes submitted by the applicant were examined.
NEEDED TO BE CONSIDERED:
I- APPLICATION
In his petition dated 09/02/2021, the applicant applied against the administrative fine report of 3,150,00 Turkish liras, dated 13/01/2021 and numbered 2021/176, prepared by the Çukurova District Governor’s Office, and requested the annulment of the penalty.
II-Answer
Çukurova District Governorate dated 22/02/2021 and ……………………. In his letter: It was stated that there was no illegal situation in the administrative proceedings against the applicant, and the application was rejected.
III- EVALUATION OF THE APPLICATION
With the act of violating Article 282 of the General Sanitary Law No. 1593, legal action is taken against the administrative penalty of 3.150,00 Turkish Liras, imposed by the administrative sanction decision of the Çukurova District Governor’s Office, dated 13/01/2021 and numbered 2021/176. Since there were no reasons for rejection of the application in accordance with Article 28/1 of the Misdemeanor Law No. 5326, according to the nature of the applicant and the decision, the date of the application and decision, and the content of the application petition, the application was accepted from the procedure and proceeded to the merits.
Looking at the concrete event in this scope and context, with the decision of the Adana Provincial Public Health Council dated 30.072020 and numbered 2020/91, which was created within the framework of Articles 23 and the following of the General Sanitary Law No. 1593, the risk posed by the corona virus epidemic in terms of public health as of 30.07.2020 at 00.00. It is understood that the use of medical / cloth masks to cover the mouth and nose of the citizens within the borders of the province has been made compulsory within the scope of Articles 27 and 72 of the General Sanitary Law No. 09/11/2020 date and 2020/4554-2020/14250, 14.12.2020 date and 2020/5699-2020/19579 ANNEX and 14.12.2020 date and 2020/5700-2020/19580 APPENDIX According to the decisions numbered 5542, in case of violation of the orders and prohibitions issued by the Governorships and duly announced (communiqué or announcement) within the scope of Article 66/1 of the Provincial Administration Law No. 5542 or failure to comply with the announced obligations, Article 32 of the Misdemeanors Law No. Within the scope of Articles 32 of the Misdemeanors Law No. 5442 and Article 66 of the Provincial Administration Law No. 5442, the administrative sanction can only be applied by the person who issued the order. because it is not; Due to the act of violating the curfew, the application of Article 282 of the Public Health Law No. 1593 was not considered legally possible, so it was necessary to decide to accept the application in accordance with Article 28/8-b of the Misdemeanors Law No. 5326.
IV- DECISION
1- Acceptance of the application in accordance with Article 28/8-b of the Misdemeanor Law No. 5326, since the administrative sanction decision is unlawful,
Removal of the administrative sanction decision of 3,150,00 Turkish lira, which was imposed by the Çukurova District Governor’s administrative sanction decision dated 13/01/2021 and numbered 2021/176, for the act of violating Article 282 of the Public Health Law No. 1593,
2- 31/2/ of the Misdemeanor Law No. 5326. Pursuant to paragraph 5 of Article 14 of the Minimum Attorney Fee Tariff in force at the date of the decision and 168 of the Attorneyship Law No. 1136, the fixed attorney’s fee of 910.00 Turkish Liras is to be paid to the application, since the applicant is represented by a representative,
3- Due to the fact that the expense caused by the institution whose decision is applied is less than the required amount numbered 6183 as of the date of the decision, it is left on the treasury in accordance with Article 324/4 of the CMK,
4- Notification of the decision to the parties,
Pursuant to Articles 28/10, 29/1 and 268/1 of the Criminal Procedure Law No. 5271 of the Misdemeanors Law No. 5326, a petition to be submitted to our Judgeship by the parties within seven days from the date of notification, or a statement to the record clerk, provided that it is recorded in the minutes, and the minutes determined. With the approval of the statement and signature by the Judge, the appeal was decided before the Adana 6th Criminal Court of Peace.
24/02/2021
Abandonment of the Law on Collection of Public Claims in Article 106
