The Sentences Of The Defendants Should Be Increased Since It is Considered Sufficient For The Crime Of Collective Smuggling To Be Committed By Two People
T.C. JUDICIARY
7th Criminal Chamber
Main: 2014/29494
Decision: 2016/9095
Date of Decision: 30.06.2016
OFFENSE OF OPPOSITION NO. 4733 – SINCE IT IS CONSIDERED SUFFICIENT FOR THE OFFENSE OF COLLECTIVE SMUGGLING TO BE COMMITTED BY TWO PERSONS, THE SENTENCES OF THE DEFENDANTS SHOULD BE INCREASED – REVERSAL OF THE VERDICT
SUMMARY: In the judgment established against the defendant who was charged with the crime of opposition no. 4733, it was deemed sufficient for the act to be carried out by two people in order to constitute the crime of collective smuggling, and not considering that the sentences of the defendants should be increased by half in accordance with the aforementioned article of the law required a reversal. It is decided to revoke the verdict.
(5237 S. K. art. 50) (4926 S. K. art. 5) (YCGK T. 31.01.2012 T. 2011/7-465 E. 2012/11 K.)
Case and Decision: 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;
In the examination made by accepting that the appeal of the defendant … defense counsel was in due time upon learning, since the notification of the reasoned decision was made to the principal without considering that the notification of the reasoned decision should be made to the attorney in the works followed by the attorney;
1. As stated in the decision of the Criminal General Assembly of the Court of Cassation dated 31/01/2012, 2011/7-465 Main and 2012/11 Decision numbered, in the face of the fact that it is stated that the collective smuggling crime regulated in Article 5/last of the Law No. 4926, which came into force after the date of the crime, can be committed by two people, the actions of the defendants due to the act they committed together are evaluated as collective smuggling and accordingly, the defendants are jointly liable for 4.5 times the customs cleared value calculated from the CIF value determined by the expert. 5 times of the customs cleared value calculated from the CIF value determined by the expert to be jointly responsible for the defendants and to determine and appreciate their legal status according to the result,
2. In the determination of the favorable law in terms of Law No. 4926 and Law No. 5607, in the case of the application of the Anti-Smuggling Law No. 5607 on the defendants, it is stated that the short-term imprisonment sentence imposed will be converted into a judicial fine in accordance with Article 50 of the Turkish Penal Code No. 5237 and the resulting sentence is more favorable to the defendants,
According to the acceptance;
In Article 5/3 of the Anti-Smuggling Law No. 4926, it is deemed sufficient for the act to be committed by two people in order to constitute the crime of collective smuggling, and not considering that the defendants’ sentences should be increased by half in accordance with the aforementioned article of the law,
Conclusion: It was unanimously decided on 30.06.2016 to overturn the appeal objections of the defendant … defense counsel and the participant … Administration counsel in accordance with Article 321 of the Code of Criminal Procedure No. 1412 in force pursuant to Article 8/1 of the Law No. 5320 for this reason.