19. Criminal Department 2019/1497 E. , 2020/8272 K.
“Text Of Jurisprudence”
No. 2918 Highway Traffic Act blameworthy action for failure to comply with an administrative fine of about Antalya Directorate of Turkish Liras 383,00 dated and traffic monitoring on the implementation 24/11/2016 ID-numbered minutes 127988 administrative sanction decision upon the application, the tribunal administrative justice administrative act in question to be resolved by the court than it needed to Antalya on a bet gorevsizlig 1. October 23, 2019 day and 14834 The case file attached to the letter containing the request of the Ministry of Justice to overturn for the benefit of the law dated 05/04/2018 and numbered 2017/6791 and numbered 24/01/2019 was read by the Supreme Court Public Prosecutor’s Office on 04/02/2019 day and PUK-2019-10573 notification was given to our Department.
In the above-mentioned notice;
Antalya 1. Magistrates ‘Bench 05/04/2018 by the decision of the offender’s driver’s license and your birth certificate you have lost your appeal petition, the administrative penalty that applies the tax debt is removed unjustly on the side to indicate that the petition of Appeal and the records maintained by the tax administration in Muratpaşa for the content of the accrued phase is passed to the application because it is understood that the magistrates’ hakimligince where it’s not to be examined, the Administrative Court, the tribunal in the dispute to be resolved by the task with the conviction that the denial of the application and are given in terms of a denial of; 27 of the Misdemeanor Code No. 5326 entitled “Application Path”. according to the article contained in the “(1) Administrative fine and administrative sanction decision on the transfer of property to the public may be appealed to the magistrate’s court no later than fifteen days from the date of notification or interpretation of the decision against the decision. (3) The application is made by a legal representative or lawyer personally with a petition to be submitted to the magistrate’s court. The application petition is issued in two copies. (4) In the application petition, information about the administrative sanction decision and the evidence put forward against this decision are clearly shown. The petition is also indicated with the grounds of force majeure, which prevents the application from being made within the time limit. (5) (amended paragraph: 06/12/2006 – 5560 S. K. 34.md) in the event that the administrative sanctions provided by the court, against that decision, however, can go either way… of Appeal (8) (additional paragraph: 06/12/2006 – 5560 S. K. 34.md) administrative sanction within the scope of the process where the decision is made within the purview of the Administrative Court decisions related to the same person if you have been given; claims of illegality related to the decision on administrative sanctions are considered by the administrative judicial authority together with a request to cancel this transaction.”when the regulations are taken into consideration, in a concrete case, the duty and authority to examine the misdemeanor’s application for the said traffic administrative fine decision minutes is within the jurisdiction of the magistrate’s office, on the grounds that there are no hits in making a decision in writing, 309 of the Criminal Procedure Code No. 5271.by requesting that the decision referred to in accordance with the article be overturned for the benefit of the law, it was discussed and considered as necessary;
17/4 of the Law No. 5326 on administrative fines. according to the Article No. 6183 on the procedure of collection of public receivables to be collected according to the provisions of Law No. 2576 regional administrative Courts, administrative courts and tax courts in accordance with the provisions of the Law No. 6183 on the organization and duties of the procedure of collection of public receivables regarding the implementation of the law on the administrative jurisdiction of the judiciary is in charge of the case looking at the hard work; collect an administrative monetary penalty would have to be finalized in order for the process to be initiated, administrative fine in the case of a lawsuit for the cancellation of the public, he said that he could not take a definite collected muteriz will start after the finalization of the case against public process that will take you to and from the scope of the petition subject to administrative fines the contents own the vehicle, if you don’t know who it belongs to, it is understood that he personally objected to the administrative fine by stating that an administrative fine had been imposed on him for using his lost driver’s license by someone else;
Since the contents of the notice based on the request of the Chief Public Prosecutor’s Office of the Supreme Court of Cassation to overturn it for the benefit of the law are seen on the spot, Antalya 1. It was decided unanimously on 24/06/2020 that the decision of the Magistrate dated 05/04/2018 and numbered 2017/6791 was OVERTURNED for the BENEFIT of the LAW in accordance with Article 309/4-a of the CMK, and the subsequent actions were carried out on the spot.
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