Supreme Court 7. Criminal Chamber, alibaba, e-bay, such as the web site of people who constantly bring and sell goods 3/1. ' import smuggling decided that he had committed the crime.With the development and widespread of internet technologies, e-commerce has become easier from good to good. Thousands of citizens obtain products at affordable prices from foreign e-commerce websites such as Ali Express, e-bay, and make money by selling them over the internet. Here, a judicial decision was made that would affect the trade of thousands of people. The 7th Criminal Chamber of the Supreme Court, 3/1 of Law No. 5607 of people who import and sell in this way. 'import smuggling' crime decided it worked. Law No. 5607 on Anti-Smuggling Law 3/1. Agent; The person who enters the goods into the country without subjecting customs procedures is punished with imprisonment from one year to five years and a judicial fine up to ten thousand days. If the item is brought into the country outside the customs gates, the penalty to be imposed is increased from one third to half. Citizen brought and sold 485 products from the virtual store named "e-bay", the issue was reflected in the court !!! A person who imported 485 electronic items, mostly digital cameras, from the virtual store named "e-bay", an American company, which is considered as one of the major shopping sites on the Internet, did not pay any customs tax since the price of each item did not exceed 150 euros postal customs exemption limit, and the goods brought by them were offered for sale on the website. Brought it about vendors due to pay more and that the tax number of electronic goods, smuggling law, "goods of the without keeping subject to customs procedures importing people to Turkey, up to five years to one year in prison and up to ten thousand days judicial fine containing the provision 3/1. According to the article, a public lawsuit was filed. The defendant, who was tried in the Criminal Court of First Instance, was acquitted. Upon the appeal of the local court order by the customs administration, the 7th Criminal Chamber of the Supreme Court of Appeals overturned the acquittal decision of the local court. On the grounds of the decision of the reversal, in the relevant Council of Ministers decision, "An individual is granted an exemption from a commercial quantity and non-exemplary goods, whose customs value does not exceed 150 euros per shipment." It is said to be organized as. This article, 20 August 2011 "Turkey come through a real person, mail or fast cargo transportation have in the area of customs, the cost of shipping a total of 75 euros is known exemption to pass goods alone" form is changed, the same substance "is noted that the continuity of the use by the same person Exemption In case of exemption, restriction may be imposed on the use. It was reminded that the addition was made. On the grounds that it was determined that the goods that were brought in this way could not be sold by the decision of the Council of Ministers, it was stated that the person, institutions and organizations that lost their exemption conditions or who requested to use them for other purposes, were obliged to notify the customs administration. Justifications, using the right to exemption of the accused for about a year, the commercial intent and continuity of supply would form goods purchased from abroad through a sales site in Turkey on grounds transmitted sold to third parties, so that the goods imported by the scope of the defendant's mail exemption except for import purpose of commercial third 3/1 of Law No. 5607 by selling to individuals. It was stated that he committed the crime of smuggling in the article. For this reason, it was noted that it was illegal to decide for acquittal by betting, since the accused had no intent to commit a crime instead of his conviction.
16 February 2020 - 11:01