Crime of Trafficking in Narcotic Substances – Supreme Court Decision on the Need to Take Into Account That Substances That Were Used In Telephone Conversations And That Some Witnesses Stated That They Received From The Defendants In Their Statements Cannot Be Considered Drugs Or Stimulants Because They Were Not Seized

T.C. SUPREME

10.Criminal Department
Main: 2015/5406
Decision: 2017/4317
Date of Decision: 3.10.2017

SUMMARY: The Crimes of drug trafficking defendants making is hard, and some phone calls, witnesses narcotic or stimulant substances to be recovered from the defendants as they have received due to the fact that the substance could not be regarded should be respected.

(5237 P. K. m. 43, 64, 188)

The file has been reviewed. It was discussed and considered as necessary:

A) Examination of the sentence of conviction of the accused … for the crime of trafficking drugs in chains:

After the verdict, in the population registration sample taken from MERNIS through the UYAP system and placed in his file; in the face of the understanding that the accused died on 10.06.2015, the defendant was investigated by the Court to determine whether he died, if it was determined that he died, the public case No. 5237 of the TCK 64/1. in accordance with the article, there is an obligation to make a decision on the fall,

Since the appeals of the defendant’s defense have therefore been considered on the spot, other aspects of the VIOLATION of the provision without examination,

B) Examination of the provisions of the convictions of the defendants …, …, … and … for the crime of trafficking drugs in chains about:

Since it is understood that the proceedings in the trial process are conducted in accordance with the law, the evidence is shown and discussed in a reasoned decision, the conscience is based on accurate data in accordance with the documents and information contained in the file, the actions are determined by the defendants, the type of crime that matches the action and the sanctions other than those specified below are correctly determined, the rejection of other appeals that are not considered appropriate, but;

The crimes of drug trafficking defendants making is hard, and some phone calls, witnesses due to be recovered drug or stimulant substances they have received from the defendants cannot be considered without considering the defendants on behalf of Article 43 of the Penal Code. by applying the provisions of the “chained crime” provided for in the article, the determination of excess punishment,

Contrary to the law, since the appeals of the defendants …, …, … and … are therefore in place, the OVERTURNING of the provisions was decided unanimously on 03.10.2017.

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