Amendments to the Anti-Smuggling Act
As it is known Law No. 7242 on the Execution of Criminal and Security Measures and Amendments to Certain Lawswas published in the Official Gazette of April 15, 2020 and entered into force in the Official Gazette No. 31100. Together with the law on execution with this amendment Anti-Trafficking Law No. 5607 Significant changes have been made about.
Trafficking Offense
The crime of smuggling is the crime of smuggling in order to avoid paying the mandatory customs duties due to the importation or exportation of a prohibited item into the country, or the evasion of customs duties that an imported or exported item must pay.
Items Involved in Trafficking Offenses
All types of goods can be the subject of smuggling crimes. For example,
- Customs smuggling,
- Smuggling of electronic goods
- Drug trafficking,
- Imaginary export smuggling,
- Import smuggling,
- Alcohol and cigarette trafficking,
- It is referred to by the names of fuel oil (oil) smuggling, etc.
Investigation and Prosecution of Trafficking Crimes
When smuggling crimes are not linked to the complaint and are found out by the law enforcement or prosecutor's office that the crime has been committed in any way, a public case is initiated and re-investigated.
Innovations Brought by Amendments to the Anti-Trafficking Law
Determination of punishment according to the value of the object subject to the crime
Before the change of the law, when sentencing together with the commission of the crime, the determination of punishment was carried out at the same rate, regardless of the amount of the property. For example, those who caught 100 bottles of alcohol with 10 bottles of alcohol, caught 50 cartons of cigarettes with 10 cartons of cigarettes, or caught 250 liters of fuel with 50 liters of fuel would receive the same penalty. However, the value of the item which is the subject of the crime of smuggling, together with the newly introduced regulation by Article 22 of Law No. 5607;
- In the case of prostitution, the penalties to be imposed are increased by half to one fold,
- Penalties to be imposed if the value of the item is light, up to half,
- If it is very light, it is reduced to a third, arranged in shape. That is, it is considered that proportional punishment will be determined according to the value of the seized item. Taking this situation into account when sentencing, the judge will consider the reason for an increase or reduction in the sentence. The case when the value of the goods is excessive, light or very light will be evaluated according to the criteria of customs duty, economic conditions of the country, etc.
Effective Remorse Provisions According to Payment of Damages Incurred by Crime in the Investigation and Prosecution Phase
First of all, the investigation in the crime begins from the moment of learning that a crime has been committed and lasts until the opening of a public case. The prosecution, on the other hand, covers the stage from the opening of the case to the final decision of the judge.
In the case of trafficking crimes according to the previous legal legislation, the provisions of effective remorse after the commission of the crime can only be applied if the damage has been remedied during the investigation phase, while with the new amendment, the public will now benefit from effective remorse if the damage suffered by the public is covered by the defendant during the prosecution phase. According to the law,
The person who has committed one of the crimes of smuggling shall send money to the State Treasury twice the customs value of the goods subject to the crime, showing effective remorse;
a) If he pays until the end of the investigation phase, the penalty to be imposed on him for the trafficking offences defined in this Law shall be at half the rate of the penalty,
(b) If he pays until a verdict is made at the stage of the prosecution, the penalty for the trafficking offences defined in this Law shall be reduced by one third. '
This point, that is, that the public can benefit from effective remorse under the condition of paying for the damage suffered, is called into doubt by the public prosecutor during the investigation phase. If no warning is made by the prosecutor during the investigation phase, the defendant is warned by the judge during the prosecution phase. After the warnings made, the individual who committed the crime is given a reasonable period of time and the damage is covered, a discount is made. Individuals who wish to benefit more from the crime deduction must cover the damage during the investigation phase.
However, there are individuals who, despite the new regulation, will not benefit from this crime reduction. These are; Recipients (those who have committed a new crime after the conviction for a previously committed crime has been finalized) or if the crime is committed within the framework of the activity of an organization, this discount will not be applied.
Status of Persons Convicted of Trafficking Offense Before Law Change
Finally, the issue we will address is whether those who committed and convicted of trafficking crimes before the amendment of the law could benefit from this law.
The legislator has paved the way for him to take advantage of this new legal legislation in criminal areas before committing the crime of smuggling and taking advantage of this new legal legislation. With the provisional Article 12 introduced into the Trafficking Law No. 5607;
- Those who have been sentenced and whose file is in the execution phase will be entitled to this discount if they apply within ninety days from the date of entry into force of the law. Accordingly, those whose file is at the execution stage show effective remorse, and their punishment will be reduced by a third if they pay the state treasury twice the amount of the customs value of the goods subject to the crime.
- The second paragraph of the Temporary Article 12 also regulates the procedure to be taken in relation to cases in the appeal phase. Accordingly, a decision will be made on the files that are subject to judicial review for crimes covered by this Law, and the files held by the Prosecutor General of the Supreme Court of the Republic will be returned to the courts of first instance.
To summarize, in conjunction with the newly introduced regulation, the determination of penalties proportional to the value of the goods in relation to the value of the goods, effective remorse will be applied at all stages of the trial, and the public prosecutor or the judge will benefit from the provision of effective remorse for the suspect in the investigation and prosecution phase in relation to trafficking crimes It was made compulsory to ask if he would benefit.
Do I Need a Lawyer for Trafficking Crimes?
If you are facing an investigation or prosecution related to the crime of smuggling, we advise you to immediately seek a specialist lawyer. An experienced criminal lawyer reviews your case, collects all the evidence in your favor, represents the bailiff in the best way.