Bringing Goods into the Country Without Customs Formalities (Law No. 5607, Article 3/1) – Judgment of Acquittal

The court decisions published in this section were obtained in cases in which Attorney Mert Sönmez personally acted as counsel and defense counsel.

REPUBLIC OF TÜRKİYE

*** COURT

CASE NO: ***

DECISION NO: ***

REASONING

As regards the accused ***, the accused stated that high-resolution graphics cards were needed. In view of the ordinary course of life and the court judge's general knowledge and experience—particularly the need of new-generation electronic games for high-resolution graphics cards, the fact that such electronic products are cheaper abroad than in Türkiye, and the natural practice of persons with personal needs purchasing such products abroad—and in the absence of any evidence that the accused acted with a commercial purpose, it was decided to acquit the accused and judgment was entered as follows.

JUDGMENT

Although a prosecution was brought against the accused *** for violation of Law No. 5607, there was no evidence beyond all doubt that the accused acted with a commercial purpose or in unity of thought and action with others. Since it was understood that the accused did not act with an intent to smuggle and therefore lacked criminal intent, and it was not established that the accused committed the charged offense, THE ACCUSED SHALL BE ACQUITTED pursuant to Article 223/2-c of the Code of Criminal Procedure No. 5271.