Yargıtay 7. Ceza Dairesi 2021/29336 Esas 2021/17349 Karar Sayılı İlamı
Esas No: 2021/29336
Karar No: 2021/17349
Karar Tarihi: 15.12.2021
Yargıtay 7. Ceza Dairesi 2021/29336 Esas 2021/17349 Karar Sayılı İlamı
Özet:
Burak Lezgioğlu is charged with violating the Highway Traffic Law No. 2918. A traffic administrative fine of 3,516 Turkish Liras and a driving license revocation decision were imposed by the Traffic Control Department on 21/08/2020. However, Lezgioğlu's application against these administrative sanctions was accepted, and the related administrative penalties were lifted by the Criminal Peace Judge's decision on 09/11/2020. The decision was appealed, but the appeal was accepted, and it was decided to quash the decision made on 02/12/2020 by the Ankara 6th Criminal Peace Judge regarding the cancellation of the administrative sanctions against Lezgioğlu. Yargıtay Cumhuriyet Başsavcılığı received the file related to the case with a request for a legal remedy on 10/09/2021. According to the file, it is necessary to make a decision on both the substance of the objection and the objection itself under Article 271/2 of the Code of Criminal Procedure No. 5271. It is stated in the file that the decision made by the Criminal Peace Judge without considering this provision is not appropriate, and therefore, the decision is to be overturned according to Article 309 of the Criminal Procedure Law No. 5271. In summary, the Court of Appeals rejects the call for a legal remedy and confirms the previous decision to lift administrative penalties against Lezgioğlu.Kanun maddeleri:
- Karayolları Trafik Kanunu No. 2918
- Ceza Muhakemesi Kanunu No. 5271'nin 271/2. Maddesi
- Ceza Muhakemesi Kanunu No. 5271'nin 309. Maddesi
