Özet:

An asliye criminal court decision on the violation of the law numbered 5607 has been appealed. The local court's verdict of liability, confiscation and liquidation has been decided. After examining the case record in accordance with the nature, type, duration of the punishment, and the date of the crime, the Constitution Court's decision on the revocation of rights in Article 53 of the Turkish Penal Code, published in the Official Gazette on November 24, 2015, and numbered 2014/140 and 2015/85, can be taken into consideration during the enforcement phase. The appeal is granted on the basis of: 1) non-compliance with Article 232/6 of the Criminal Procedure Code by not indicating the implementing provision while converting a fine into a monetary penalty, 2) imposing penalties under Article 54 and 58 of the Penal Code without giving an additional defense right to the defendant under Article 226 of the Criminal Procedure Code, 3) violating the law by ordering the liquidation of the smuggled goods under Article 16 of Law No. 5607 instead of just confiscation. Therefore, the appeal is accepted, and the verdict is reversed based on Article 321 of the Code of Criminal Procedure No. 1412 in accordance with Article 8/1 of the Law No. 5320. The law articles mentioned in the court decision are as follows: 5607 (Law on the Prevention of Smuggling), 5271 (Criminal Procedure Code), 232/6 (Criminal Procedure Code Article referring to conversion of fines to monetary penalties), 226 (Criminal Procedure Code Article referring to additional defense rights for defendants), 54 and 58 (Penal Code Articles referring to additional penalties), and 16 (Law No. 5607 Article referring to liquidation of smuggled goods).