T.R. SUPREME COURT
- Criminal Chamber
Basis: 2016/10029
Decision: 2016/8897
Decision Date: 23.06.2016
Smuggling CRIME – UNTAPLED AND ILLEGAL CIGARETTES DETECTED DURING THE SEARCH OF THE VEHICLE STOPPED AT THE ROAD CONTROL – THE JURISDICTION FACILITY MADE INACCURACY BY LACK OF INVESTIGATION – THE JUDGMENT NEEDED TO BE BROKEN
SUMMARY: During the search of the vehicle, which was stopped during the road control carried out on the date of the incident, and in which … was next to …, 1,720 cartons of untagged and smuggled cigarettes were seized. Considering that he wanted a vehicle to carry clothes and that he had procured a vehicle for this purpose, he stated that he had nothing to do with illegal cigarettes, and that the other defendant gave a partially correct statement of this defense, the file opened against … and … who were in the vehicle at the time of the arrest, Determination and determination of the legal status of the accused as a result of the examination of the file by bringing the file of the Criminal Court of First Instance with the file numbered 2013/230, 2013/279 decision and taking into account the statements in this file. It is inaccurate to establish a judgment with an incomplete examination when necessary.
(4733 S. K. Art. 8)
Litigation: By appealing the judgment rendered by the local court; After the file was read according to the nature of the application, the type of punishment, its duration and the date of the crime, the necessity was discussed and considered on behalf of the Turkish Nation;
Decision: I- In the examination of the appeal of the attorney of the participating … Administration;
According to the date of the crime and the nature of the seized goods, the action against the accused is in the 8/4 of the Law No. 4733 amended by the Law No. 5752. Since the customs administration, which has not been directly harmed by the crime, does not have the authority to participate in the case and appeal the verdict, as it falls within the scope of the paragraph, the treasury representative’s appeal request on behalf of the customs administration is subject to Article 8/1 of the Law No. 5320. REJECTED pursuant to article 317 of CMUK numbered 1412, which is in force in accordance with the article,
II- In the examination made according to the appeal of the defendant …’s defense counsel;
During the search of the vehicle, which was stopped during the road control carried out on the date of the incident, and in which … was located, 1,720 cartons of untagged and smuggled cigarettes were seized. Considering that he wanted a vehicle to carry his belongings and provided a vehicle for this purpose, he declared that he had nothing to do with illegal cigarettes, and that the other defendant gave a partially correct statement of this defense. While it is necessary to determine and determine the legal status of the accused as a result of the examination of the file by bringing the file of the Criminal Court of First Instance with the file numbered 2013/230, 2013/279 decision and taking into account the statements in this file, establishment of a sentence in writing with incomplete examination,
Conclusion: As the objections of the defendant’s defense counsel were deemed appropriate in this regard, which is against the law, the verdict is in Article 8/1 of the Law No. 5320. It was unanimously decided on 23.06.2016 that it should be overturned pursuant to article 321 of the CMUK numbered 1412, which is in force pursuant to the article.
