Undeclared And Smuggled Cigarettes Seized In The Search Of A Car Stopped At A Road Control
T.C. JUDICIARY
7th Criminal Chamber
Main article: 2016/10029
Decision: 2016/8897
Date of Decision: 23.06.2016
SMUGGLING OFFENSE – SEIZURE OF UN-BANDED AND SMUGGLED CIGARETTES DURING THE SEARCH OF THE VEHICLE STOPPED DURING THE ROAD CONTROL – IMPROPER SENTENCING BASED ON INCOMPLETE EXAMINATION – THE NEED FOR REVERSAL OF THE VERDICT
SUMMARY: During the search of the vehicle driven by … and accompanied by …, which was stopped during the road control on the date of the incident, 1. 720 cartons of undeclared and smuggled cigarettes were seized, the defendant … was not present at the scene during the arrest and in his defense at the stages, he stated that he did not accept the imputed crime, that … asked him for a vehicle to carry clothes and that he provided a vehicle for this purpose, that he had nothing to do with smuggled cigarettes, and that the other defendant … gave a statement partially confirming this defense. … Criminal Court of First Instance’s file numbered 2013/230 Esas 2013/279 Karar, which was finalized through the appellate review with its decision numbered 2014/24646 Esas 2015/18567 Karar, which was filed against … and … and which is understood to be related to this file, and the legal status of the defendant should be determined and determined as a result of examining the file and taking into account the statements in this file.
(4733 S. K. art. 8)
Case: The judgment given by the local court was appealed; after the file was read according to the nature of the application, the type of punishment, the duration and the date of the crime, it was discussed and considered on behalf of the Turkish Nation;
Decision: I- In the examination of the appeal of the representative of the participant … Administration;
Since the action attributed to the defendants according to the date of the crime and the nature of the seized goods falls within the scope of paragraph 8/4 of the Law No. 4733 amended by the Law No. 5752, the customs administration, which is not directly damaged by the crime, does not have the authority to participate in the case and appeal the verdict, the appeal request of the treasury attorney on behalf of the customs administration is rejected in accordance with Article 317 of the Code of Criminal Procedure No. 1412, which is in force in accordance with Article 8/1 of the Law No. 5320,
II- In the examination made according to the appeal of the defendant ..;
During the search of the vehicle driven by … and accompanied by …, which was stopped during the road control on the date of the incident, 1. 720 cartons of unbanned and smuggled cigarettes were seized, the defendant … was not present at the scene during the arrest and in his defense at the stages, he stated that he did not accept the imputed crime, that … asked him for a vehicle to carry clothes and that he provided a vehicle for this purpose, that he had nothing to do with smuggled cigarettes, and that the other defendant … gave a statement partially confirming this defense, and the defendant … who was in the vehicle during the arrest … … Criminal Court of First Instance’s file numbered 2013/230 Esas 2013/279 Karar, which was brought and finalized after the appellate review with the decision numbered 2014/24646 Esas 2015/18567 Decision of our Chamber, which is understood to be related to this file, and the legal status of the defendant should be determined and determined as a result of examining the file and taking into account the statements in this file,
Conclusion Since it is contrary to the law and the appellate objections of the defendant’s defense counsel are deemed appropriate in this respect, it was unanimously decided on 23.06.2016 to VACATE the verdict in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which is in force pursuant to Article 8/1 of the Law No. 5320.
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