COURT OF APPEALS DECISION IS AT THE LINK. COURT OF APPEALS DECISION ON THE CRIME OF DRUG TRADING
COURT OF APPEALS OF THE REPUBLIC OF TURKEY
10th Criminal Chamber
Docket: 2015/5406
Decision: 2017/4317
Decision Date: October 3, 2017
SUMMARY: Although the defendants’ drug trafficking crime is established, it should be noted that the substances mentioned in the phone calls and those that some witnesses stated they received from the defendants in their testimonies were not seized, and therefore cannot be considered narcotic or stimulant substances.
(Articles 43, 64, 188 of Law No. 5237)
The file was reviewed. The following was duly discussed and considered:
A) Review of the conviction of the defendant for the crime of serial drug trafficking:
After the verdict, it was determined from the civil registration record obtained from MERNIS via the UYAP system and added to his file that the defendant died on June 10, 2015. The court will investigate whether the defendant is dead. If it is determined that he is, the public case against him will be initiated pursuant to Article 64/1 of the Turkish Penal Code No. 5237. According to Article 12 of the Constitution, the decision to dismiss the case was deemed necessary.
The appeals of the defendant’s defense counsel, which necessitated reversal, are therefore deemed appropriate. Therefore, the verdict is REVERSED without further examination.
B) Review of the consecutive convictions of defendants …, …, …, and … for drug trafficking:
It is determined that the proceedings during the trial were conducted in accordance with the law, the evidence was presented and discussed in the reasoned decision, the conscientious opinion was based on precise data consistent with the documents and information in the file, the acts were committed by the defendants, and the type of crime appropriate to the act and the sanctions other than those specified below were correctly determined. Therefore, the other appeals deemed inappropriate are dismissed. However;
Although the defendants’ drug trafficking crimes are proven; The excessive sentence imposed on the defendants, based on the “successive offense” provisions of Article 43 of the Turkish Penal Code, was applied without considering that the substances mentioned in the phone calls and some witnesses claimed to have taken from the defendants in their testimonies could not be considered narcotics or stimulants due to their failure to be seized.
This is unlawful, and the appeals of defendants …, …, …, and … are therefore valid. Therefore, the verdicts are REVERSED. It was unanimously decided on October 3, 2017.