Intersections of TCK, TMK and Law No. 5607 in Trafficking Crimes
introduction
Trafficking is a serious type of crime that threatens both economic and public security. Legal regulations on combating smuggling in Turkey have been formed under different laws. In this context, the provisions of the Anti-Trafficking Law No. 5607 (KMK), the Turkish Criminal Code (TCK) and the Turkish Civil Code (TMK) interact with each other. In practice, the intersections between these norms lead to significant legal problems in both theoretical and practical terms.
This article will consider in detail the scope of regulations on trafficking offenses, the similarity of the types of crimes in the TCK with Law No. 5607, indirect relations arising in some cases with the TMK, and practices supported by jurisprudence.
Development
1. Trafficking Offense Under Law No. 5607
The Anti-Smuggling Law No. 5607 contains the norms of penalties against all types of smuggling of goods carried out outside customs procedures. The most common types of smuggling are:
- Fuel smuggling
- Trafficking in tobacco and tobacco products
- Smuggling of alcoholic beverages
- Commodity smuggling
- Crimes of storage and transportation of items/goods
2. Turkish Criminal Code and Trafficking
Although there is no regulation in the TCK directly under the title “smuggling”, some acts can also be punished under the TCK, regardless of Law No. 5607. In particular, the following crimes create intersections:
- TCK m.204 — Forgery in the official document
- TCK m.220 — Establishing organizations for the purpose of committing crimes
- TCK m.197 — Counterfeiting money
- TCK m.282 — Laundering property values resulting from crime
In such cases, the defendant may be convicted of multiple offenses within the framework of the rules of intellectual or material drinking.
3. Link to Turkish Civil Code
Although at first glance there is no direct connection between smuggling crimes and the TMKARA, in practice problems related to property rights and property law can become related to TMK:
- Who owns the confiscated goods?
- Whether the property falls under the joint property regime with the spouse
- Problems such as transfer to bona fide third parties are solved in the context of TMK.
Evaluation by Supreme Court Decisions
- 7th Criminal Chamber of the Supreme Court, 2014/31345E 2016/11107 K.: whether the contraband constitutes the whole or weighted part of the contraband in terms of quantity or volume according to the transport vehicle load, or the transport requires the use of this vehicle (“... in this way that the quantity and value of the vehicle belonging to the defendant used in the transportation of contraband constitute the weighted part of the carrying capacity of the vehicle in terms of volume, the confiscation conditions specified in Article 13 of Law No. 5607 are formed, regardless of whether the confiscation is in accordance with fairness under article 54 of the TCK, Order the return of the vehicle instead of confiscation under Article 13 and TCK. 54...”
consequence
Trafficking crimes are not only an economic type of crime, but also a multidimensional area that intersects with organized crime, counterfeiting and crimes against property. It is necessary to consider the provisions of Law No. 5607, TCK and TMK together. In practice, analysis must be carried out within the framework of different laws, especially in matters such as the confiscation of property, the use of forged documents or the property rights of third parties. In this regard, when creating defense strategies, not only one law, but all associated legislation and jurisprudence must be taken into account.
Keywords
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