5607 sayılı Kanuna muhalefet - Yargıtay 7. Ceza Dairesi 2015/4097 Esas 2017/10804 Karar Sayılı İlamı
Esas No: 2015/4097
Karar No: 2017/10804
Karar Tarihi: 19.12.2017
5607 sayılı Kanuna muhalefet - Yargıtay 7. Ceza Dairesi 2015/4097 Esas 2017/10804 Karar Sayılı İlamı
Özet:
A driver of a passenger bus was searched by the police, and 32 cartons of illegal cigarettes were found in the bed of the bus. The defendant claimed that he was transporting the cigarettes as gifts for his relatives in a different city. The court ruled that the amount of cigarettes exceeded personal use and had commercial value, thus violating the law. However, the court decided to acquit the defendant due to insufficient evidence. The court also made an erroneous decision to keep the illegal cigarettes as evidence instead of confiscating them under the law. This led to the decision being overturned and sent back for a retrial.Relevant Law:
- 5607 Law on Prevention and Suppression of Smuggling Activities
- 5237 Turkish Criminal Code, Article 54 (confiscation of assets obtained through crimes)
- 4733 Law on the Control of Tobacco Products and Alcoholic Beverages, Article 8/4 (illegal production, sale, and transportation of tobacco products)
- 1412 Code of Criminal Procedure, Article 321 (retrial due to wrong legal interpretation)
- 5320 Law on the Amendment of Some Laws for the Improvement of Investment Environment, Article 8/1 (legal procedures for retrial)
