T.C. SUPREME COURT
7.Criminal Department
Based on: 2014/22890
Decision: 2016/8644
Date of Decision: 22.06.2016
CRIME OF OPPOSITION TO LAW NO. 4733 – A POWER OF ATTORNEY FEE IS IMPOSED IN FAVOR OF THE CUSTOMS ADMINISTRATION, WHICH DECIDED TO PARTICIPATE IN THE CASE EVEN IF IT WAS NOT HARMED BY THE CRIME – CORRECTION AND APPROVAL OF THE PROVISION
ABSTRACT: According to the nature of the crime laid down in the provision established on the accused charged with the crime of opposition to law No. 4733, it was decided to correct and approve the provision if the provision of a power of attorney fee in favor of the customs administration, which decided to participate in the case even if he was not harmed by the crime, required a violation.
(5237 Pp. K. m. 53, 54) (ANY. MAH. 08.10.2015 T 2014/140 E. 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-According to the nature of the crime, the fact that the customs administration, which was not directly harmed by the crime, was decided to participate in a public case, will not give the right to appeal, since the provision will not grant the request for an appeal of the deputy of the customs administration to Law 8/1 of Law 5320.article 317 of CMUK No. 1412, which is in force in accordance with its article.refusal in accordance with the article,
II-In the examination of the defendant…’s appeals;
Although other appeals are not in place,
1-Article 53 of the Turkish Commercial Code on the accused who has been decided to be punished with a prison sentence for a crime he has committed intentionally. article 1. failure to observe that deprivation of rights regulated in paragraph (c) of paragraph (c) should also be ruled on,
2-Instead of confiscation of all cigarettes subject to litigation that are illegal and without bandroll, be content with confiscation of samples registered in the judicial trust by showing the article paragraph incorrectly,
3-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,
Conclusion: Contrary to the law, since the defendant’s appeals are therefore considered on the spot and this does not require a retrial, Section 8/1 of the Law No. 5320.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 confiscation of cigarettes registered in the judicial trust, instead of “Article 54/1 of the TCC. in accordance with the article ”On the confiscation of unlabeled and illegal cigarettes subject to litigation,” the phrase,
