Curfew Administrative Fine Cancellation Decision – Adana 5th Criminal Judgeship Of Peace
T.C.
ADANA
5TH CRIMINAL COURT OF PEACE
DIFFERENT BUSINESS DECISION
AMENDED BUSINESS NO: 2021/1183 D.İş
JUDGE
CLERK
APPLICANT:
REPRESENTATIVE:
DECISION APPLIED FOR: Çukurova District Governorship
SUBJECT OF APPLICATION Objection to Administrative Fine
APPLICATION DATE: 09/02/2021
DECISION DATE: 24/02/2021
The petition submitted by the applicant and its annexes were examined.
NECESSARY CONSIDERED:
I- APPLICATION
In his petition dated 09/02/2021: He applied against the administrative fine report dated 13/01/2021 and numbered 2021/176 decision numbered 3.150,00 Turkish Liras issued by Çukurova District Governorship and requested a decision to cancel the fine.
II-RESPONSE
Çukurova District Governorship in its letter dated 22/02/2021 and …………………….: It was stated that there was no violation of the law in the administrative procedures applied to the applicant and the application was requested to be rejected.
III- EVALUATION OF THE APPLICATION
No. 282 of the Public Hygiene Law No. 1593, the legal remedy was applied against the administrative fine of 3.150,00 Turkish Liras imposed by the administrative sanction decision of Çukurova District Governorate dated 13/01/2021 and numbered 2021/176, according to the nature of the applicant and the decision, the date of the application and decision and the content of the application petition, since there are no reasons for the rejection of the application in accordance with Article 28/1 of the Misdemeanors Law No. 5326, the application was accepted procedurally and the matter was proceeded to the merits.
Considering the concrete case in this scope and context, with the decision of Adana Provincial Public Hygiene Council dated 30.07.2020 and numbered 2020/91, which was established within the framework of Articles 23 and following of the Public Hygiene Law No. 1593, on 30.07.2020 at 00. 00 on 30.07.2020, in order to manage the risk posed by the corona virus outbreak in terms of public health, to establish social isolation by reducing social mobility and contact between people, it was understood that the use of medical / cloth masks to cover the mouth and nose within the provincial borders of the citizens was made mandatory within the scope of Articles 27 and 72 of the Public Hygiene Law No. 1593, and that the 19th Court of Cassation. Criminal Chamber dated 09/11/2020 and numbered 2020/4554-2020/14250, dated 14.12.2020 and numbered 2020/5699-2020/19579 E.K. and dated 14.12.2020 and numbered 2020/5700-2020/19580 E.K.
According to the decisions numbered 2020/5700-2020/19580 E.K. dated 14.12.2020 and 2020/5699-2020/19579 E.K. dated 14.12.2020 and 2020/5700-2020/19580 E.K. dated 14.12.2020, Article 32 of the Misdemeanor Law No. 5326 will be applied in case of acting contrary to the orders and prohibitions issued and duly announced (notification or announcement) by the Governorates within the scope of Article 66/1 of the Provincial Administration Law No. 5542, Within the scope of Article 32 of the Misdemeanor Law No. 5326 and Article 66 of the Provincial Administration Law No. 5442, administrative sanctions can only be imposed by the one who issued the order, there is no obligation explicitly regulated as a curfew in the Public Hygiene Law No. 1593, and acting against this measure is not a prohibition or obligation listed in the Law; Since it is not legally possible to apply Article 282 of the Public Hygiene Law No. 1593 due to the act of violating the curfew, it was necessary to decide to accept the application in accordance with Article 28/8-b of the Misdemeanor 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,
To remove the administrative sanction decision of 3.150,00 Turkish lira imposed by the administrative sanction decision of Çukurova District Governorate dated 13/01/2021 and decision number 2021/176 on Ömer TEKİN for the act of violation of Article 282 of the Public Hygiene Law No. 1593,
2- 31/2/. of the Law on Misdemeanors No. 5326 Pursuant to Article 168 of the Attorneyship Law No. 1136 and paragraph 5 of Article 14 of the Attorneyship Minimum Fee Tariff in force on the date of the decision, since the applicant was represented by an attorney, the lump sum attorney fee of 910.00 Turkish Liras shall be taken from the institution whose decision was applied for and paid to the applicant,
3- The expenses incurred by the institution whose decision is applied to be left on the treasury in accordance with Article 324/4 of the Code of Criminal Procedure, since the amount of the expenses caused by the institution whose decision is applied is less than the required amount numbered 6183 as of the date of the decision,
4- Notification of the decision to the parties,
In accordance with Articles 28/10, 29/1 of the Misdemeanor Law No. 5326 and 268/1 of the Criminal Procedure Law No. 5271, it was decided that the legal remedy of appeal before the Adana 6th Criminal Judgeship of Peace was open by submitting a petition to be submitted to our Judgeship by the parties within seven days from the date of notification of the decision, or by making a statement to the minutes clerk provided that it is recorded in the minutes and the statement and signature determined by the minutes are approved by the Judge.
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