4733 sayılı kanuna muhalefet - Yargıtay 7. Ceza Dairesi 2014/22564 Esas 2016/4185 Karar Sayılı İlamı
Esas No: 2014/22564
Karar No: 2016/4185
4733 sayılı kanuna muhalefet - Yargıtay 7. Ceza Dairesi 2014/22564 Esas 2016/4185 Karar Sayılı İlamı
Özet:
An appellate court reviewed a penalty given by a lower court for violation of a law. The court found that the lower court's decision to destroy the confiscated tobacco product went beyond what was necessary and that the decision to completely execute the deferred penalty if the defendant committed another crime during the supervised period was a violation of the law. The court also mentioned a recent decision by the Constitutional Court regarding certain sections of the law that required reevaluation. The court decided to remove certain sections related to penalty execution and add a clause related to the recent Constitutional Court decision. The court also ruled that the defendant's personal rights related to the custody, guardianship, and trustee of their children should not be revoked but their legal rights related to those issues are suspended until the penalty is completely served.Relevant laws mentioned in the decision:
- Law No. 4733 on the Prevention of the Harmful Effects of Tobacco
- Law No. 5237 on the Turkish Penal Code
- Code of Criminal Procedure No. 1412
- Recent decision by the Constitutional Court, published in Official Gazette No. 29542 on November 24, 2015, regarding the overturning of certain sections of Law No. 5237 on the Turkish Penal Code
