Uyuşturucu madde ticareti yapma - Yargıtay 20. Ceza Dairesi 2016/2215 Esas 2017/1980 Karar Sayılı İlamı
Esas No: 2016/2215
Karar No: 2017/1980
Karar Tarihi: 27.03.2017
Uyuşturucu madde ticareti yapma - Yargıtay 20. Ceza Dairesi 2016/2215 Esas 2017/1980 Karar Sayılı İlamı
Özet:
An Ağır Ceza Mahkemesi has given a verdict on drug trafficking and has sentenced the defendant. The trial process was done correctly and the evidence was presented and analyzed in the judgment. It was confirmed that the defendant had committed the crime and the appropriate sanctions were imposed. However, two objections made by the defendant's counsel were accepted: firstly, the application of Article 53 of the Turkish Penal Code should be modified according to the decision of the Constitutional Court; secondly, the seizure of the sample taken by the Izmir Criminal Police Laboratory should be considered. Therefore, the judgment was annulled, but it was possible to fix the mistake according to the Criminal Procedure Code. The modified judgment was approved by the court and the defendant was sentenced accordingly.Article 53 of the Turkish Penal Code states that in cases where the defendant has been charged with a crime before the age of 18, the court shall consider the defendant's age, behavior, personality, and their contributions to the crime when deciding on the sentence. The article also stipulates that the sentence imposed on the defendant cannot be more severe than the maximum sentence that could be imposed on an adult offender for the same crime.
