5607 Sayılı Kanuna Aykırılık - Yargıtay 19. Ceza Dairesi 2019/26284 Esas 2020/2318 Karar Sayılı İlamı
Esas No: 2019/26284
Karar No: 2020/2318
Karar Tarihi: 03.03.2020
5607 Sayılı Kanuna Aykırılık - Yargıtay 19. Ceza Dairesi 2019/26284 Esas 2020/2318 Karar Sayılı İlamı
Özet:
A child court found the defendant guilty of violating the Law No. 5607. The Customs Administration, who suffered damages from the crime, has the right to participate in the appeal process according to the Criminal Procedure Law. The appeal of the Customs Administration was accepted, and it was decided that they would participate in the trial. The court examined the evidence and statements made in the trial and decided that the crime committed also violated the State's sovereignty rights and tax revenues, which could lead to difficulties in financing public services. The court also found that the defendant had committed the same crime against the same victim multiple times and decided to merge the cases. The court ordered the defendant to pay the legal fees for Tütün Alkol Piyasası Düzenleme Kurulu, a party with no damages from the crime but was allowed to participate in the trial. The court found the reasons presented for the appeal by the defendant's lawyer and the Customs Administration's lawyer convincing and decided to overturn the previous judgment.Relevant Law: Law No. 5607, Criminal Procedure Law No. 5320, Code of Criminal Procedure No. 1412, TCK Article 43/1, CMK Articles 237/2, 260/1, and 321.
