20. Criminal Department 2016/3009 E. , 2017/4251 K.
“Text Of Jurisprudence”
Court : 16. High Criminal Court
Crime : Drug dealing
Sentence : Conviction
The file has been reviewed.
IT WAS DISCUSSED AND CONSIDERED AS NECESSARY:
The defendants … and … the defense’s request that the appellate review be conducted at trial, according to the length of the sentence imposed, according to Law 5320 No. 8/1, CMUK No. 1412 No. 318 and CMK No. 299. in accordance with the articles, it was decided to refuse and all defendants were examined without trial.
It has always been considered possible to establish a verdict by the court on the confiscation of the value of the vehicle with license plates belonging to the defendant and used in the crime,
1- Examination of the provisions of convictions established for drug trafficking against the defendants, … and … ;
After the appeal of the verdict, the defendant … with the petition dated 26.11.2014 sent by the Silivri Penitentiary Institution and the subsequent petitions stating “I want the approval of the verdict”, as the refusal of the appeal request; the defendant … with the petition dated 19.09.2016 sent by the Silivri Penitentiary Institution and the declaration “I waive the appeal” in the subsequent petitions refusing to request an appeal,
Because of the refusal to appeal against the defendants … and … that there is NO ROOM FOR an EXAMINATION of the provisions,
2- In the examination of the acquittal sentences given about the defendants …, for the crime of trafficking in narcotic substances ;
According to the trial conducted, the evidence collected and shown at the place of decision, the court’s belief and discretion formed in accordance with the results of the prosecution, the contents of the file examined, the rejection of appeals not considered on the spot by the public prosecutor, the APPROVAL of the provisions,
3 – Defendants, and … about drug trafficking in the making of chaining manner; Defendants …, …, …, …, …, … …, …, …, about imprisonment on charges of drug trafficking in the analysis of the provisions :
Contrary to the defendant’s defense that he participated in the incident dated 14.03.2012, it was understood that there was no conclusive, convincing evidence that was far from any doubt, but since the defendant’s actions dated 12.07.2011 – 13.07.2011 were fixed, the TCK’s 43. there has been no failure in the acceptance and application of the court regarding the application of the article.
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendants determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the actions of sanctions is determined that fits with the type of crime it is understood that in the correct manner ; and the public prosecutor, …, … ,…,…, …, …, …, appeals appeals against the terms of Service ; the defendants …, …, …, …, …, …,…, …, …, … defense counsel and defendants …, …, … and … … with the rejection of appeals, APPROVAL of the provisions,
4-… about 30.09.2012, 01.10.2012 and 03.10.2012 in the examination of the conviction provision established for the commission of drug trafficking in a chained manner due to actions :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
Although it is fixed that the accused gave drugs to the named person on 03.10.2012;
the A-file for use on …about the scope of the seized substances drug possession charges from the police until 30.09.2012 traded on the analysis of forensic expertise is a report of the crime lab or obtained from institutions that are not understood, although it is the substance seized police forensic laboratory report on the analysis of institutions to be investigated whether or obtained from or forensic expertise is available; certified copies be placed into the file if found; in the absence of such a report, it is not observed that the provision of the jul-ture in question should be decided according to its conclusion by obtaining a report on the nature of the substance and obtaining a report on the nature of the substance,
b – 01.10.2012 and date specified in the prosecution until 30.09.2012 received drugs from the defendant as a witness during the phase …listened … he wasn’t in the statement of instruction received by the person who made the transaction, to declare that the event has nothing to do with the defendant at all stages of drug substances have been recovered by itself made no defense against; …’s re-testimony on hand during the preliminary investigation …’s listening with fingerprints …’s comparison with fingerprints, if necessary, by making the signatures of the witnesses of the event record in the minutes drawn image by calling …’or u can identify whether they asked about the event and the receipt of the statement according to the results, not the promotion of the determination of the defendant’s legal status,
on c- 05.02.2012, it was accepted that the article obtained on the grounds about the other defendant of the file was given by the defendant … but a verdict was established without evaluation due to this incident from the point of view of the defendant,
43 of the Turkish Commercial Code on the accused with insufficient justification and incomplete research. establishment of provisions by applying the article,
Contrary to the law, since the appeals of the defendant and his defense are therefore in place, the provision may be OVERTURNED,
5-… in the examination of the conviction provision established for the commission of drug trafficking in a chained manner due to the actions of 04.08.2011, 04.02.2012 and 05.10.2012 about … :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
Although it is fixed that the defendant … together with the other defendant … gave drugs to the one who was heard as a witness on 04.02.2012; He said he bought drugs from the defendant on 04.08.2011 …’s not seized of the matter said the defendant cannot be considered because of the drugs or stimulants, narcotic or stimulant recovered during a search of defendant’s apartment on 05.10.2012 35 Istanbul Police Directorate of Forensic Laboratory nature of the alleged date 03.12.2012 2012/35180 pills and numbered according to the report, disregarding of whether a drug or stimulant nature of Article 43 of the Penal Code. application of the article,
Contrary to the law, since the appeals of the defendant and his defense are therefore in place, the provision may be OVERTURNED,
6- … in the examination of the conviction provision established for the commission of drug trafficking in a chained manner due to the actions dated 13.02.2012 and 03.10.2012 :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
According to the information and documents on file dated 13.02.2012 the action of making constant Serdar drug trafficking, drug possession charges traded for use as a witness you hear about …’s not seized of the matter that you picked up from 03.10.2012 on the defendants cannot be considered because of the drugs or stimulants, the defendant only on 13.02.2012 …’s because of marijuana convictions should be based on the decision of drug trafficking and recovered, while Article 43 of the Penal Code. increasing the punishment in accordance with the article,
Contrary to the law, the appeals of the defendant and his defense are therefore considered on the spot, so that the provision is OVERTURNED,
7-… in the examination of the conviction provision established for the crime of trafficking drugs in a chained manner :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
Although the defendant’s action was considered fixed by being a partner in cannabis seized in a vehicle belonging to … in Diyarbakir province on 10.04.2012; as a result, no drugs were seized, based on physical follow-up minutes dated 18.03.2012 and 30.03.2012 and phone calls that may have different meanings in the content of the 43 of the TCK. increasing the punishment in accordance with the article,
Since the appeals of the defendant’s defense against the law are therefore considered on the spot, the sentence is OVERTURNED, the accused is RELEASED according to the nature of the violation, the length of his detention, the relevant Public Prosecutor’s Office is written to ensure his release if he is convicted of another crime or is not detained,
8-… in the examination of the conviction provision established for the crime of trafficking in narcotic substances in a chained manner :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
While the defendant’s conviction for drug trafficking should be decided only on 13.02.2012 … due to the marijuana seized in his vehicle, the contents of which may be loaded with different meanings, as a result of which no drugs were captured, citing the crime of trafficking in other drugs of the TCK 43. increasing the punishment in accordance with the article,
Since the appeals of the defendant and the defense against the law are therefore considered on the spot, the provision may be OVERTURNED,
9-… in the examination of the conviction provision established for the crime of trafficking drugs in a chained manner :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
While the other defendants …, … and … cannot be considered drugs or stimulants due to the fact that the substances they say they took from the defendant … were not seized, the defendant only gave them to Ersin Toklusöz on 14.03.2012 and his conviction for drug trafficking due to the marijuana seized on 43 of the TCK should be decided. increasing the punishment in accordance with the article,
The appeals of the public prosecutor in favor of the violation of the law and the appeals of the accused are therefore considered on the spot, so that the provision is OVERTURNED,
10-… in the examination of the conviction provision established for the crime of trafficking in narcotic substances in a chained manner :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
Traded witness about drug possession charges for use …’s not seized of the matter said the defendant cannot be considered because of the drugs or stimulants, the defendant 15.02.2012 only on …e because of marijuana convictions on drug trafficking recovered and gave the decision should be based on, while Article 43 of the Penal Code. increasing the punishment in accordance with the article,
Contrary to the law, since the appeals of the defendant’s defense are therefore considered on the spot, the provision may be OVERTURNED,
11-… in the examination of the conviction provision established for the crime of trafficking in narcotic substances in a chained manner :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
Drug possession charges and the defendant’s witness traded for use … …’S to the defendant of the possession of drugs or stimulants substances cannot be considered because it is not said, that the defendant only on 14.02.2012 …’s a drug trafficking conviction and because of that delivers with the consent of marijuana should be made when the decision on Article 43 of the Penal Code. increasing the punishment in accordance with the article,
Contrary to the law, since the appeals of the defendant’s defense are therefore considered on the spot, the provision may be OVERTURNED,
12-… in the examination of the conviction provision established for the commission of drug trafficking in a chained manner :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except as indicated below, in the correct manner, it is understood that a denial of the appeal, because the appeal of the other is determined, but;
Although the defendant’s action dated 06.02.2012 is fixed; the fact that they were admitted to have taken drugs from the defendant and … the substances they said they had taken from the defendant were not seized, according to the criminal report obtained during a search of the defendant’s house on 05.10.2012, 0.22 g of marijuana was found to be contrary to the defendant’s defense, except for the purpose of selling, there is no evidence that the defendant has 43. increasing the punishment in accordance with the article,
Contrary to the law, the defendant’s appeals are therefore considered on the spot, so that the provision may be OVERTURNED ,
13-… in the examination of the conviction provision established for the crime of trafficking in narcotic substances in a chained manner ;
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except as indicated below, in the correct manner, it is understood that a denial of the appeal, because the appeal of the other is determined, but;
The Defendant dated 16.03.2012 the action is constant, for use on 14.03.2012 recovered from 4 pieces of narcotic or stimulant drug possession charges …traded nature of alleged police forensic laboratory or forensic institutions about the pill of expertise on the analysis of the substance obtained from it being understood that the report shall not be,
Police seized substance obtained from the forensic laboratory report on the analysis of forensic expertise is available to be investigated whether or institutions; certified copies be placed into the file if it is found; in the absence of such a report from the judicial relic of the substance in question regarding the nature of the supply and the item included in the report using that should be decided according to the results without considering this event because of the conditions of implementation of the provisions of the crime chained in the absence of Article 43 of the Penal Code. increasing the punishment in accordance with the article,
Contrary to the law, the appeals in favor of the public prosecutor and the appeals of the defendant and his defense are therefore in place, so that the provision is OVERTURNED,
14-…, … in the examination of the provisions of the conviction established for the crime of trafficking in narcotic substances against him :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except as indicated below, in the correct manner, it is understood that a denial of the appeal, because the appeal of the other is determined, but;
The defendants … and …. although the acts of drug trafficking dated 21.01.2012, which they carried out together, are fixed;
a-According to the physical follow-up record dated 29.04.2012 … and … it is understood that he gave drugs, acted with the defendants, was tried separately due to his age, it is understood that the case was investigated, the case was opened and the file was examined and merged with this case, if the case was decided and finalized, the file was brought and placed in this file, and the legal status of the defendants in this incident should not be evaluated,
b-29.04.2012 for use on drug possession charges recovered from a portion of traded and … drugs such as heroin under the provisions of penal code 188/4 about the ingredients of the nature of alleged police forensic laboratory or forensic expertise on the analysis of the ingredients obtained from it being understood that institutions report shall not be,
Police seized substance obtained from the forensic laboratory report on the analysis of forensic expertise is available to be investigated whether or institutions; certified copies be placed into the file if it is found; in the absence of such a report from the judicial relic of the substance in question regarding the nature of the supply and the item included in the report using that should be decided according to the results without considering this event in terms of criminal chained in the absence of the conditions of implementation of the provisions of the Penal Code, Article 43. increasing the punishment in accordance with the article,
Contrary to the law, since the appeals of the defendants’ advocates are therefore in place, the provision may be OVERTURNED,
15- … in the examination of the conviction provision established for the crime of trafficking in narcotic substances in a chained manner ;
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except as indicated below, in the correct manner, it is understood that a denial of the appeal, because the appeal of the other is determined, but;
Although the defendant’s act of trafficking in narcotic substances dated 16.01.2012 is fixed; the fact that the drugs or stimulants that the defendant admitted to giving for commercial purposes that were mentioned in the phone calls were not seized, 05.10.2012 19 recovered during a search of defendant’s apartment on the alleged nature of the drug and the date of the Istanbul Police Directorate of Forensic Laboratory 03.12.2012 2012/35180 pills numbered according to the report, drug or stimulant in nature, although not stated, passed into the hands of another defendant accused of 45 recovered from the adoption of pills, and marijuana, according to a report 0,99 G that are determined to be the same criminal defense, as opposed to the defendant’s use of disregarding the absence of evidence of possession to sell, except for the purposes of Article 43 of the Penal Code. increasing the punishment in accordance with the article,
Contrary to the law, since the appeals of the defendant’s defense are therefore considered on the spot, the provision may be OVERTURNED,
16- In the examination of the provision of the conviction established on the defendant … for the crime of trafficking drugs in a chained manner ;
In the justification section of the judgment, the defendant’s surname was written as “…”, a material error that could be corrected by the court was accepted.
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
Proceedings of the physical and watching follow, capture the proceedings, the accused and all file according to the scope of the defense; the defendant on charges of drug possession allocated for use in case of marijuana seized from the defendant’s crime 26.01.2012 on the subject of selling is hard, on 05.10.2012 8 grams of marijuana were recovered in a search of the defendant’s residence on the net, it being understood that; the defendant’s phone calls, the drug or stimulant substances previously considered to be recovered cannot be accepted due 05.10.2012 sold on a search result on the subject of crime in your own residence due to the drugs that will create temadi only the crime, a crime that did not occur without considering chain therefore, conditions in the absence of Article 43 of the Penal Code. increasing the punishment in accordance with the article,
Contrary to the law, the defendant’s appeals are therefore considered on the spot, so that the provision may be OVERTURNED,
17- Examination of the provisions of the convictions established for the defendants … and … for the crime of trafficking drugs in a chained manner :
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendants determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except where noted below, it is understood that the appeal is determined in the correct manner, because the appeal of a denial of the other, but;
a-the defendant, in terms of traded witness about drug possession charges for use …’s not seized of the matter said the defendant cannot be considered because of the drugs or stimulants, the defendant only on 17.03.2012 …’recovered on a drug trafficking conviction and gave him pills should be made when the decision on Article 43 of the Penal Code. increasing the punishment in accordance with the article,
b- From the point of view of Defendant …, the other defendant … cannot be considered a drug or stimulant substance due to the fact that the substances that the defendant says he helped him take are not seized, the defendant only gave it to … on 11.01.2012 and his conviction for drug trafficking due to marijuana seized in his vehicle should be decided on 43 of the TCK. increasing the punishment in accordance with the article,
c-Although 1760 TL and 1 USD were seized from defendant … and 1100 TL from defendant …, it was decided that “3565.00 TL will be returned to defendant …, 1 USD money will be returned to defendant …”,
Contrary to the law, the appeals of the public prosecutor against confiscation and the appeals of the defendants … and the defendants’ advocates are therefore considered on the spot, so that the provisions are OVERTURNED,
18- … in the examination of the conviction provision established for the crime of trafficking drugs in a chained manner ;
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except as indicated below, in the correct manner, it is understood that a denial of the appeal, because the appeal of the other is determined, but;
a-on 04.02.2012, which is considered fixed, the defendant, who was born on 15.03.1994, was in the age group of 15-18 at the time of the act of giving pills of a narcotic nature to …, without taking into account that Article 31/3 of the TCK does not apply to the determination of excessive punishment,
b-It is understood that due to the substances seized on 05.02.2012, the defendant … was charged with possession of drugs to use, the defendant was investigated for possession of drugs to use, the case was opened and the file derdest was examined and merged with this case, if the decision was made and finalized, the file was brought and placed in this file, and the defendant’s legal status should be evaluated in terms of this incident,
based on c- …’s statement that he had previously taken drugs from the defendant in an abstract nature, the defendant was informed of the 43rd Amendment of the TCK. the article has been applied,
Contrary to the law, the defendant’s appeals are therefore considered on the spot, so that the provision may be OVERTURNED,
19- … in the examination of the conviction sentence established for drug trafficking against him ;
In accordance with the law in the trial process where transactions are made in stages forth in the claims and defenses are discussed with evidence collected all shown in reasoned decision of action is performed by the defendant determined that certain documents and data in the file conscientious of blood in accordance with the information on which it is based, the action fits with the type of crime that the sanctions except as indicated below, in the correct manner, it is understood that a denial of the appeal, because the appeal of the other is determined, but;
on 05.10.2012, the substances seized during the search at the defendant’s house were different from the drugs given by the defendant on 03.05.2012, some of which were heroin contained within the scope of Article 188/4 of the TCK, regardless of the fact that the substances seized at home in the reasoned decision 43 of the TCK due to the substances seized at home. provision has been established on insufficient grounds without discussing whether the article will be applied,
Contrary to the law, the appeals of the public prosecutor against the appeals of the accused and the appeals of the defense are therefore considered on the spot, causing the provision to be OVERTURNED,
20-… in the examination of the conviction provision established for the crime of trafficking in narcotic substances ;
it is understood that there is no expert report taken from the police criminal laboratory or forensic medical institution regarding the analysis of the substance on 4 drugs or pills allegedly of a stimulant nature seized from a drug possession offence for use on 14.03.2012,
Police seized substance obtained from the forensic laboratory report on the analysis of forensic expertise is available to be investigated whether or institutions; certified copies be placed into the file if it is found; in the absence of such a report from the judicial relic of the substance in question regarding the nature of the supply and the item included in the report using is not the person that should be decided according to the results,
Contrary to the law, the appeals of the public prosecutor against the appeals of the accused and the appeals of the defense of the accused are therefore considered on the spot, causing the provision to be OVERTURNED,
21- …, …, …, …, …, … and … in the examination of the provisions of his conviction for trafficking in narcotic substances:
Any drugs or stimulants in them than in the hands of the defendants, their defenses, in contrast to the other defendants who participated in or was involved with drugs seized from the accused regarding the crimes of concrete events and facts, unsupported by evidence and material inconsistent with phone calls, except for the absence of sufficient and conclusive evidence that exceed the limits of the doubt to a portion of the last items in a phone conversation, such as due to failure to obtain and cannot be considered without any of the drugs or stimulants, deciding on the convictions of defendants for drug trafficking instead of their acquittals,
Against the law, the public prosecutor, the defendants …, appeals appeals by the defendants in favor … and about … …, …, …, …, …, …, … Counsel and the defendant …’s appeal is in place because of the objections, therefore, the provisions of corruption, according to the nature of the break about the defendant, the defendant is to be released, detained or convicted of another crime for the provision of relevant writing to the public prosecutor unless it is release to be written,
22- …, … in the examination of the provisions of the conviction established for the crime of trafficking drugs in a chained manner about :
a-From the defendant on 08.04.2012; from … on 19.05.2012, it is understood that there is no expert report taken from the police criminal laboratory or forensic medical institution regarding the analysis of the substance on the drugs or pills allegedly of a stimulant nature seized from … on 08.04.2012,
Police seized substance obtained from the forensic laboratory report on the analysis of forensic expertise is available to be investigated whether or institutions; certified copies be placed into the file if it is found; in the absence of such a report from the judicial relic of the substance in question regarding the nature of the supply and the item included in the report using is not the person that should be decided according to the results,
b- On 08.04.2012, it became clear that the defendant was charged with possession of drugs for use due to the substances seized … investigating whether the defendant was sued for possession of drugs for use, the case was opened and the file was examined and merged with this case, if the case was derdest, the file was brought and placed in this file, and the legal status of the defendants in terms of this incident should be evaluated without taking into account the incomplete investigation and provision in writing,
Contrary to the law, the appeals of the public prosecutor in favor of the defendant … and the appeals of the defendant … and the defendants’ advocates are therefore considered on the spot, so that the provisions are OVERTURNED,
23- … in the examination of the conviction provision established for the crime of trafficking drugs in a chained manner ;
a-It is understood that there is no expert report taken from the police criminal laboratory or forensic medical institution regarding the analysis of the substance on the alleged drug or stimulant substance seized from the person who was charged with possession of a drug substance for use on 09/20/2011,
Police seized substance obtained from the forensic laboratory report on the analysis of forensic expertise is available to be investigated whether or institutions; certified copies be placed into the file if it is found; in the absence of such a report from the judicial relic of the substance in question regarding the nature of the supply and the item included in the report using is not the person that should be decided according to the results,
By admission ;
b- Although a conviction has been established for the crime of selling drugs in chains based on the defendant’s statement that he sold drugs to a person in 2011, he cannot be considered a drug or a stimulant substance because the substance was not seized, and based on the abstract statement, the TCC 43 about the defendant. increasing the punishment by applying the article,
Contrary to the law, appeals in favor of the public prosecutor and appeals of the defendant’s defense are therefore considered on the spot, causing the provision to be OVERTURNED,
24-… in the examination of the conviction provision established for the commission of drug trafficking in a chained manner ;
a- 141/3 of the Constitution and CMK 230/1. according to the articles, the provision of justification in favor of the defendant and the evidence against you is to be specified in the section, in this context, evaluation of all the evidence discussed separately provision prevail and those who were rejected according to the determination of the point that has been achieved, the defendant accepted this characterization’s hard explaining verbs, according to the results needed to determine without considering the defendant’s legal status, the establishment of the provision as unjustified,
By admission;
b- On 01.07.2011 … No substances were seized from the accused other than the substance allegedly given to the named person, although the defendant had no contact with the substances seized from other defendants, the defendant had the right to 43 of the TCC. determination of excess penalties by applying the article,
Contrary to the law, since the appeals of the defendant and his defense are therefore considered on the spot, the provision may be OVERTURNED,
25-… and … in the examination of the provisions of the conviction established for the crime of trafficking in narcotic substances ;
it is understood that there is no expert report taken from the police criminal laboratory or the forensic medical institution regarding the analysis of the substance on the alleged drug or stimulant substance seized from the person who was charged with possession of drugs for use on 25.06.2012,
Police seized substance obtained from the forensic laboratory report on the analysis of forensic expertise is available to be investigated whether or institutions; certified copies be placed into the file if it is found; in the absence of such a report from the judicial relic of the substance in question regarding the nature of the supply and the item included in the report using is not the person that should be decided according to the results,
Contrary to the law, the appeals of the public prosecutor against the defendants … and … with appeals against the defendants … and the appeals of the defendants … and the defendants’ advocates are therefore considered on the spot, so that the provisions are OVERTURNED,
26- … in the examination of the conviction provision established for the commission of drug trafficking in a chained manner:
a- CMK’s 170. article 4. the events constituting the crime charged in the indictment are explained by linking them with the available evidence“ regulated in paragraph 225 of the same Law. article 1. contrary to the provisions of the paragraph “The judgment is given only on the act and perpetrator of the crime shown in the indictment”, in the face of the understanding that the defendant’s actions were not shown in the indictment of the Istanbul Public Prosecutor’s Office dated 08.01.2013, 2011/1087 investigation and 2013/28; continuing to prosecute the defendant without a re-indictment, establishing a verdict,
By admission ;
b- Sadiq Guler, who stated that he took drugs from the defendant on 20.02.2012 and was also heard as a witness for drug possession for use, said that the accused Ibrahim could not be considered a drug or a stimulant substance due to the fact that the substances allegedly sold by him were not seized, 43 of the TCK. application of the clause,
Contrary to the law, since the appeals of the defendant’s defense are therefore considered on the spot, the provision may be OVERTURNED,
it was decided by unanimous decision on 07.07.2017.
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