Criminal offence for cigarette or alcohol and Customs smuggling Istanbul Turkey
In particular, passengers arriving from abroad at airports pass through the customs area to the customs area, and sometimes from the region designated as “Green Line” and “red line” as a result of group psychology, all passengers are involuntarily going to the “green field” and Customs and protection officers are notified and suitcase inspection is carried out and the file prepared for illegal goods It is not as simple as it is actually seen. The goods brought in commercial nature or the importation of the goods is prohibited because of a situation that is sentenced to imprisonment of up to 5 years is faced with a punishment. For this reason, legal assistance must be taken from a lawyer.
Smuggling offence is the way in which goods are intentionally smuggled and sold in contravention of laws and regulations, especially in customs or tax legislation. Smuggling is not regulated by the Turkish Criminal Code. It was regulated in the Anti-Smuggling Law No. 5607.
Because of the high price in our country in the crimes of smuggling, cigarette and alcohol smuggling is quite high.
The crime of smuggling of cigarettes or alcohol occurs when cigarettes, alcohol or tobacco are smuggled abroad or smuggled into the country in contravention of the financial obligations without customs.
This crime, which is also referred to as tobacco smuggling, is being fought within the scope of Law No. 5607. The person who will be accused here will be found to be guilty in the defense against the law by taking a number of certain criteria and accordingly it is revealed whether or not there is a crime. For example, as the upper limit, up to 200 cigarettes are considered to be valid as personal use, while packs on 20 Cards are a crime in the context of cigarette smuggling. In the case of smuggling to be carried out abroad or abroad without being subject to customs, a prison sentence of 3 years to 10 years is imposed and a judicial fine of up to 20 thousand days is imposed. In the smuggling of cigarettes and alcohol, the coexistence of cigarettes and alcohol is seen as a crime, not as a criminal offence. If 200 packs of cigarettes , 50 raki, 75 kilograms of tobacco are caught entering the country, one person will be charged with smuggling of cigarettes and alcohol.
Illegal cigarettes or alcohol production, selling, transporting or buying
If the sale, transportation or purchase of cigarettes, tobacco products, ethyl alcohol, methanol and alcoholic beverages in the market, without participating in the crime of smuggling, is brought to the market, the criminal shall be sentenced to imprisonment of 3 years to 6 years and a judicial fine of up to 10 thousand dollars.
This crime is different with the punishments of cigarette or alcohol smuggling. Should not be confused with each other.
In the case of illicit cigarette or alcohol production, selling, transporting or buying, ;
Tobacco products, ethyl alcohol, methanol and alcoholic drinks, which do not contain any sign of banderole, label, hologram, stamp, stamp or similar signs or which are imitation or misleading, banderole, label, hologram, stamp, stamp or similar signs, tobacco products, ethyl alcohol, methanol and alcoholic beverages;
- Production, possession or transfer for commercial purposes,
- Offering or selling for sale,
- Knowing this feature and buying it for commercial purposes,
the person shall be sentenced to imprisonment of 3 years to 6 years and a judicial fine of up to twenty thousand days (5607 numbered). md.3/18).
According to the Turkish Penal Code, there is an article on attempted crime. According to this article, if the perpetrator fails to carry out the crime, the criminal can not be punished because the crime has not been completed. However, the provisions of the act on Alcohol, Tobacco Products and cigarette smuggling are not applicable. That is, even if the perpetrator’s action remains in the attempt phase, the perpetrator will be punished as if the action had been completed (5607 numbered). md.3/21).
The person who smuggled cigarettes, alcohol or tobacco into the country without paying customs duties in part or in full by means of deceptive transactions and behaviors shall be sentenced to imprisonment of 4 to 10 years and to imprisonment of up to 20 thousand days. (5607 K. md.3/10 atfıyla 2. Paragraph.)
In the case of alcohol (drink) and cigarette (tobacco) smuggling, the crime subject to the value of the goods is excessive, in other words, if the perpetrator is high, the penalties will be increased by half. (5607 K. md.3/2).
Crime Of Organized Smuggling
Organized crime is committed by 3 or more people who meet in a tight relationship. In practice, the term “smuggling crime in case of formation” is also used.
If the crime of alcohol and cigarette smuggling is committed in an organized way, i.e. within the framework of an organization’s activity, the perpetrator shall be doubled (5607). md.4/1).
The trials for alcohol and cigarette smuggling are carried out by the “Criminal Court of First Instance”.
Effective repentance is a material criminal law institution that enables the offender to be repented for the act of the perpetrator and to deduct the punishment for the perpetrator in the event of the damage caused by the crime. If the person who has participated in the crime of alcohol and cigarette smuggling informs the authority of the places where the actual, other perpetrators and smugglers are hiding before the official authorities are informed, the information provided shall not be penalized if the perpetrators are apprehended or seized. After the news is received, the penalty to be imposed on the person who serves and aids the verb will be reduced by two thirds.
If the person who has committed one of the crimes of smuggling of cigarettes or alcohol has paid twice the customs value of the goods to the state Treasury until the end of the investigation period, the fine to be imposed for the crimes of smuggling described in this law shall be reduced by half. The provision of this paragraph shall not apply if the offence is committed against the taxpayers or within the framework of an organization’s activity.
Turning to judicial fines, postponement and postponement of the provision
A judicial fine is a type of sanction that can be applied alone or together with imprisonment for a crime committed. Imprisonment for alcohol and cigarette smuggling cannot be turned into a judicial fine.
The termination of the explanation of the provision is a criminal procedure that causes the defendant to be punished in a certain period of probation , and the elimination of the punishment decision in such a way that certain conditions are fulfilled during the period of the audit. But there is a difference in this type of crime. The hagb decision, which can be applied only when the conditions of other types of crime are met, cannot be given a hagb decision on the sentence of imprisonment imposed for alcohol and cigarette smuggling, unless the provisions of effective remorse are applied.
The postponement is a conditional waiver of the sentence set by the court from the execution of the sentence in prison. It is also possible to postpone the sentence of imprisonment for alcohol and cigarette smuggling as long as the discount is not applied due to the effective remorse.
People are usually sued for smoking and drinking at the customs gates and airports. Some citizens don’t even know he’s smuggling himself. For this reason, we are facing these punishments, which are also caused by the fact that the law does not make an excuse not to know.
The basic element of alcohol and cigarette smuggling is deliberate. for this reason, do not enter into a search like a good trafficking lawyer, a lawyer working on cigarette smuggling. I have brought more alcohol from abroad, counselor, before you say this job as a citizen to know your rights and laws will always be useful.
