Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. The Anti-Smuggling Law

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. KA­ÇAK­ÇI­LIK­LA MÜ­CA­DE­LE KA­NU­NU

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5607.html

Law No. 5607

Acceptance Date: 21/3/2007
Purpose and Objective


SECTION Definitions Article 1 (1) The purpose of this law is to prevent acts of smuggling, smuggling and sanctions, monitoring, research to determine the principles and procedures.

Definitions Article 2 (1) contained in this Act;
A) customs duties: the customs administration or other administrations, depending on the goods imported or exported applicable taxes and other financial obligations,
b) Duty Paid Value: to be determined by the International Securities contracts; CIF value of the goods for imported goods with the total customs duties, customs duties for goods exported by the FOB value of the sum refers
.
SECTION
smuggling verbs
Crimes and misdemeanors
Article 3 (1) Goods, the person who imported the without keeping subject to customs procedures Turkey, one to five years imprisonment and a judicial fine up to ten thousand days It is punishable by a fine. The shop, outside the designated border gates to be imported into Turkey, the punishment shall be increased by one third to half.
(2) Goods, the use of false documents by the payment of customs duties partially or fully, the person who imported to Turkey, up to one year to five years in prison and up to ten thousand days shall be punished with a judicial fine.
(3) the goods are not in free circulation move within the framework of the transit procedure, the person leaving the customs territory in violation of the regime terms of six months to two years in prison and five thousand days shall be punished with a judicial fine.
(4) to be used for a particular purpose or temporary importation into the country for processing and goods brought in under inward processing regime, including people who process has done abroad with forged documents, six months to three years imprisonment and up to five thousand days and fined punished.
(5) the first through fourth paragraph in the without participating in the processing of defined acts, goods constituting these issues, knowing that property and commercial purposes buys, presents to sales, selling, carrying or storing people six months to two years imprisonment and five thousand days as a judicial fine.
(6) special laws pursuant to partially or fully exempted imported goods from customs duties, which allocate another use other than import purposes, selling or disabled, or buys or accepts people knowing this property, imprisonment up to one year from three months It shall be punished with up to five thousand days and fined.
(7) persons who import goods that are prohibited should Importation Act, if the action is a crime that requires a heavier penalty, shall be punished with up to six years in prison and up to twenty thousand days fined two years. Importation of prohibited goods, knowing that bought this property presents to sales, selling, carrying or storing person, it shall be punished with the same penalty.
(8) warehouse or temporary storage of goods not in free circulation in place, without the permission of the customs authorities issuing or partially or completely changing people, twice the value of inbound goods given administrative fines.
(9) for temporary importation, inward processing and goods brought into the country within the framework of processing regime under customs control, customs procedures gerçekleştirmeksiz the free movement that puts people, twice the duty paid value of goods administrative penalty is given.

(10) A person who imports general regulatory ban on the import of goods with the administrative process, four times the value of goods inbound administrative penalty is given. Worthless goods, or if there is no longer waste, administrative fines; Twenty thousand Turkish Liras per tonne for incoming goods in bulk, if not packaged four hundred per container is calculated as the Turkish lira.
(11) Importation, license, condition, permission, cutbacks or certain organizations which is subject to the give to eligibility or qualification certificate goods, the person who imported the deceptive process and behavior, twice the goods duty paid value of administrative fines is given. Worthless goods, or if there is no longer waste, administrative fines; five thousand Turkish Liras per tonne for incoming goods in bulk, if not hundred per container packaged calculated as the Turkish lira.
(12) of items that are prohibited should Issuance law the person who exported from Turkey, acts shall be punished with a heavier penalty, which requires the creation of another crime if six months to two years in prison and up to five thousand days judicial fine.
(13) general regulatory ban on exporting goods to the person who issued the administrative process, two times the value of goods inbound administrative penalty is given. Issuance of licenses, contingent, permission, cuts or to give certain organizations which is subject to availability or qualification certificate goods to the person who issued the deceptive process and behavior, up to half of the duty paid value of the goods shall be given an administrative fine.
(14) shows such as occurred even though the export realized or realized exports of products subject to the type, quantity, encouraged by provisions of the law regarding showing different the desired property or price, people who benefit unfairly by benefiting from the return subsidies or monetary, one to five years imprisonment and up to ten thousand days it shall be punished with a judicial fine. between the declaration and actually exported goods shown in the accompanying documents if there is a difference of not more than ten percent only done according to the provisions of the Customs Law No. 4458 dated 27/10/1999.
(15) items that can be exported by paid customs duties is subject to customs procedures without keeping or deceptive procedures and behavior with customs duties partially or fully paying the person who exported from Turkey, doubling administrative fine of goods from customs duty granted.
(16) Export, if the vehicle is via the company for participation provisions for criminal sanctions without prejudice to the provisions of this Article are applied on manufacturers or suppliers exporters. However, this law requires to fulfill its task of overseeing the brokerage company officials, up to half of the value of goods duty paid an administrative fine.
(17) except for the sixteenth paragraph, the offenses described in this article, but deliberately processed.
(18) acts described in the tenth paragraph with misdemeanor offenses described in the preceding paragraph, even if the stage had attempted, shall be punished as completed. Qualified

Article 4 states (1) of these offenses and misdemeanors as defined in the Code, if committed within the framework of the activities of an organization, the punishment shall be increased by two times.

(2) crimes and misdemeanors, as defined in this Act is committed by three or more persons together, the punishment shall be increased by half.
(3) of the offenses described in this law, when committed as part of the activities of the entity or benefit shall also be specific to these security measures.
(4) of the crimes defined in this Act, to prevent the smuggling acts, monitor, investigate and to investigate by those persons or in vocational and processing by making use of the facility provided by the art, the penalty shall be increased by half.
(5) crimes and misdemeanors, as defined in this Act is committed fraud by making the document shall also be punished for these offenses also.
(6) to prevent the smuggling acts, is tasked to monitor and investigate the people who deliberately turn a blind eye to the crimes defined in this Act, be liable as joint perpetrators of the offense.
(7) of the goods which form the subject of smuggling, the State's political, economic, or to disrupt the military security or if it is of a nature that will threaten the environment or public health, if it constitute a criminal offense that requires a heavier penalty acts, imprisonment shall not be less than ten years.

Effective regret Article 5 (1) Article 3 of the offenses described in the article or the person who has participated in one of the offenses; prior notice by the authorities, de facto, if other perpetrators and inform the authorities of hiding places of the smuggled goods, the information given, the perpetrators are not punished if caught or smuggled goods seized ensure. After the news will be given to those who serve and help the emergence of entirely criminal act is reduced by two-thirds.
(2) Excluding the seventh paragraph, the person who committed one of the offenses described in Article 3, indicating effective regret, the investigation stage until the expiry of the so incriminated goods inbound worth twice the money if he paid the State Treasury to, about, given the crimes trafficking as defined in this Act penalties It is reduced by half. This provision shall not apply about their repeated or crimes are committed within the framework of the activities of an organization.

Smuggled goods carried by passengers Article 6 (1) of the passengers, according to the customs legislation Zati and is outside the scope of souvenirs on them contrary to the declaration, goods, or between transport in such emerging or were his personal belongings, although it is owned by someone else the customs duties on goods they showed, customs administrations and taken twice as goods are delivered to the owner.
(2) Such goods are stored for the purpose to be smuggled through customs or the customs administrations of customs duties on goods delivered to the owner if there is a hidden and goods received as three times.
(3), first and second paragraphs in the specified goods, if the payment of customs duties, customs shall be deemed abandoned.
(4) of the passengers, contrary to the above statement, or transport goods between the commercial nature of the goods or in case of import or export prohibited by Article 3 shall apply.
Watercraft

Article 7 (1) Legally though it is not a valid excuse, the captain of the ship without permission berth shore or another ship entering the customs area, the board prohibited goods or where there items that are not included in the loading or transport documents relating to the offense trafficking in this Law It shall be punished according to the provisions.
(2) Foreign without valid reasons, even though it comes from countries outside the route shown by the documents found when the gross volume of two hundred tons of cargo in Turkey territorial waters down the vehicle will be seized. Load although it does load have been removed or that another port or ship captains or agents can not be proven that the average, per tonnage face an administrative fine of Turkish Lira.

Recurrence Article 8 (1) of this Act after the final decision on the misdemeanor therefore administrative fines recur again if committed misdemeanor provisions apply.
(2) In case of repetition, administrative penalty is increased by half.
(3) completely from the fulfillment of administrative fines for misdemeanor committed three years after the previous offense does not constitute a basis for itself.
(4) Recurrence basis of records about the administrative fines to be, principles and procedures concerning the keeping of a regulation within the Customs Administration.

Provisions on Procedures PART



search and seizure Article 9 (1) Illegal goods of all kinds of weapons, ammunition, explosives and drugs suspected that there are all kinds of container or other packaging for transport people with older vehicles will be made in the search and seizures, dated 4.12.2004 and 5271 is fulfilled in accordance with the law.
(2) Customs hall and over the persons suspected store smuggled goods at the customs gate, goods, cargo, and vehicles can be searched by customs officials for the purpose of customs control. Things search results detected on smuggled goods seized immediately.
(3) of the Customs, the designated gate and the road under the Customs Act to enter from other places, quit smoking or pass. This place will be found in all kinds of people and vehicles are stopped by authorized officers of goods and people, cargo and over with if transportation is required. Things search results detected on smuggled goods seized immediately. Illegal goods

seizure of the vehicles used to transport Article 10 (1) of this Act on the vehicles used to commit the offense defined, will be seized according to the provisions of the Criminal Procedure Code of the fourth paragraph of Article 128.

(2) Article 13 first paragraph (a) enter into me coverage, is not registered in the Register in Turkey or continue the investigation and prosecution, if re-used in the processing of smuggling, seized vehicles are detained. The owner of the vehicle's value as collateral from the date of delivery to the customs authorities in case of detention within thirty days, will be returned to the vehicle owner. Otherwise, the results of the investigation and prosecution by the administration of the liquidation shall be liquidated immediately without waiting for. if it happens by sales of the liquidation, the maintenance of vehicles and the amount of revenue derived from sales remaining after meeting all expenses required for the sale, the escrow account to carry out actions taken by the prosecution results.
(3) from the value in the implementation of the second paragraph, the value of land vehicle insurance; sea ​​vessels, boats and values ​​essential to the machinery insurance; uninsured vehicle with the air and rail transport market value is understood. Preservation of confiscated goods

Article 11 (1) Illegal detention on suspicion of confiscation of all kinds of goods in accordance with the provisions of the second paragraph of Article 10 vehicles and tools; The amount, type, brand, type, model, serial number shows the distinctive features of the goods will be delivered as a written report to the customs authorities.
(2) Customs authorities shall supply depot where necessary for the preservation and transport of smuggled goods.
(3) Article 10 second paragraph in accordance with the provisions retained delivered to the customs authorities watercraft, if the receipt of deposit, storage and mandatory maintenance costs owners or delivered to port operations directorate determined by the customs authorities to be covered by twentyfive. Costs, as long as the owners or twentyfive met, do not go the way the liquidation of the vehicle.
(4) first and third paragraphs are maintained in accordance with the confiscation of all kinds of goods and means of transport, storage, loading, unloading and transportation costs incurred for reasons such as, borne by the customs authorities.
(5) of the Customs administration expenses in accordance with the requirements of this Article shall be covered by the arrangement concerning the general budget. The return of
Prohibited items
Article 12 (1) Foreign from countries prohibited goods, if brought to the customs stating the loading or transport documents, under the guarantee and return the necessary security measures in place, or any other country where taken and shipped when.
(2) the issue of smuggling, if the creation of communities and waste with hazardous goods in terms of environmental health matter, but launched an investigation procedure on about, they will be returned to the country from which immediately by the customs authorities.

Confiscation Article 13 (1) dated 26/9/2004 in relation to crimes defined in this Law and the Turkish Penal Code No. 5237 and the provisions related to the earnings of the goods confiscated. However, knowing the illegal transport of goods used or attempted to use any kind of transport vehicle to be confiscated one of the following conditions must occur:

A) Illegal goods, to facilitate the commission of the offense or to prevent the emergence of de facto secret device is stored in a specially prepared or moved.
B) Illegal goods, cargo transport vehicle according to the quantity or volume terms of all or part of the creation or transfer of weight, to require the use of this tool.
C) Transportation of smuggled goods in the vehicle, or to be harmful substances from entering Turkey for the ban or community or environmental health come from Turkey.
(2) Failure due to active repentance penalty shall be imposed on the perpetrators of the public or the decision to drop the case, with regard to crime just does not preclude the application of the goods subject to forfeiture provisions. be put into public ownership

Article 14 (1) of Article 3 of the tenth and eleventh paragraphs on the subject of the offenses described in items of property is decided to be relayed to the public. The search and seizure and confiscation related provisions of this Act, goods made of these offenses committed in used or to be used and applied in connection with transport.
Kaim value
Article 15 (1) crimes defined in this Act and offenses thus confiscated or be put into the public ownership of the goods forming the subject of sanctions thick worth the understood value were followed customs of this article.

Liquidation Article 16 (1) forming the subject of the offense or offenses as defined in this Act or the confiscation of property due to the implementation of sanctions can be passed to the public goods can not be returned to the owner. This article is the conclusion of the proceedings shall be promptly liquidated within one year from the date of opening of public prosecution. But the goods;
A) loss as a result of the value substantially lost three days in the presence of occurrence of danger
b) Storage of event of a serious burden fifteen days of
of sampling the goods on the sample when it is possible, if not possible the identification required built, a judge during the investigation phase, it is decided by the court to liquidate the prosecution.
(2) the sales price of sold or liquidated goods transport vehicles are the escrow account. After the trial;
A) liquidation goods or transportation, the confiscation of which is, the decision to return,
b) Ownership of the decision to return the relevant goods that were the subject of the decision to put the public,
cases in; the sales price, the date of sale to the date of return paid to the owner together with statutory interest for the period.
(3) If it is decided to return the confiscated goods, are treated in accordance with customs and foreign trade legislation in force in the implementation of this decision.
(4) liquidation application of this Law shall be made according to the provisions of the Customs Act by the liquidation administration. SECTION FOUR Miscellaneous Provisions


competent authorities

Article 17- (1) According to the provisions of this Act administrative fines to the decision of the public prosecutor, Article 14 accordance with the provisions is to be relayed to the public ownership of the Republic at the request of prosecutors, magistrates' courts are authorized. against this decision, dated 30.03.2005 apply to the legal remedies according to the 5326 Law on Misdemeanors.
(2) by virtue of this Act offenses falling within the scope of lawsuits, on the proposal of the Ministry of Justice Judges and Prosecutors are heard in criminal court of first instance determined by the Supreme Council. However, these crimes are committed in connection with the forgery of official documents, court officials is heavy penal court.

Attend the trial Article 18 (1) offenses thus defined in this Act lawsuit filed in court, the indictment also sends a copy to the relevant customs administration. On the application, it is considered to be involved in the lawsuits related to the customs authorities.
Smuggling prevention, those in charge of monitoring and research
Article 19 (1) civilian authority and the Security General Directorate and Customs Administration staff, the Gendarmerie General Command and the Coast Guard due to personnel, prevention actions taken under sanction by this law, monitoring and it is obliged to investigate.
(2) Trafficking prevention, which are tasked with monitoring and investigating, they begin to be aware of the legal tasks which require event smuggling operation and also give the information to the highest local civilian authority.
(3) Trafficking prevention, monitoring and investigating only those officials requesting information and documents relating to offenses within the scope of this Act, public or private, natural or legal persons, the provisions concerning the right of defense must be paid in full without prejudice.
(4) smuggling and the identity of informers, unless permission of the rights or explained by the nature of the reported crimes oluşturmadık. provisions relating to the protection of witnesses about these persons apply.

Proceedings Article 20 (1) of the protocol for monitoring the smuggling act;
A) date, place, title and names of the organizers, judges decide the date and number of the public prosecutor, the order date and number of the case of a written order,
b) events and evidence, the detail of the crime or misdemeanor subject goods and transport the type, scope, amount and nature of where and by what means they put hand,
c) the identity, job and if the settlement statement is required to be taken under
coverage and signature.
(2) concern themselves with parts of the report to be approved by the relevant persons present in the process is given to them for reading or readings. This will be the signature of the relevant issues by writing the record. Minutes passed into the causes aversion signature.
Controlled delivery
Article 21 (1) controlled delivery operations to be performed under this law, 13.11.1996 dated and Law No. 4208 of 10th, the Undersecretariat of Customs in the framework of Article 11 and Article 13 of the provisions of the General Directorate of Security, It carried out by the Gendarmerie General Command and Coast Guard Command. Weapons authorized to use


Article 22 (1) of the designated gate and the road under the Customs Act to enter the customs territory of the other places to go or people who want to "stop" Although warned fails to comply with this warning is repeated warning by being fired into the air. However, the other by the provision of weapons and ushered into the net to self-defense cases, the competent officers can fire directly attack the target in proportion to neutralize. The rights of civil servants due to the use of weapons into the investigation and prosecution lawyers provided by the institute and affiliated attorneys' fees are paid by the institutions.
(2) Trafficking prevention, which are responsible for monitoring and research, in all kinds of customs is authorized to inspect the cargo and documentation to the boats approached. escaping or attempting to escape by not allowing the docking of all types of employees who according to international maritime signals on marine radios, pennants, kindly warning to stop the walrus, and so on. This cautionary caveat that do not comply will be fired on the vessels. He also continued to escape if the fire is on uymayıp to force them to stop.

Bonuses Article 23 (1) if the informant and arrest those goods been seized with the notion of a leak are paid bonuses based on the following principles and procedures.
A) dated 10/7/1953 and 6136 Firearms Weapons and Ministry of Defence according to Knives and Other Tools About captured the crime Violation of the Law Article 12 arms and ammunition with the Turkish Criminal Code of the historical events of the captured material from the committed opposition to Article 174 each year on the basis of the specified value, twenty-five percent of the value of the opening of a criminal case if the capture of ownership, while seventy-five percent in the three months following the finalization of the provisions relating to the conviction or confiscation order; unclaimed arrested if caught goods value of fifty percent of the confiscation order within three months following the finalization,
b) the drug capture, all kinds of Ministers for the unit amount of the drug to be accomplished by a fixed figure of the civil servant obtained by multiplying the monthly coefficient, proprietary caught If half of the opening of a criminal case, the other half of the sentence or confiscation order within three months following the finalization for conviction; The derelict caught all within three months following the finalization of the confiscation order,
c) of this Article (a) and (b) in bonus payments that except in me, the output leakage goods FOB, are based on the CIF value of input leakage belongings. The value of unclaimed captured goods, commissioned by the Ministry of Finance, the highest local civilian authority, composed of the Undersecretariat of Customs and representatives of industry and commerce are determined by the three-member delegation. Fifty percent of assets if the smuggled goods owned captured, if unclaimed captured twenty-five percent conviction, active repentance at the opening of a criminal case, the goods are confiscated or property within three months following the finalization of the decisions to be relayed to the public, it shall be allocated from the budget of the institution is bound those
masters.

(2) fifty percent of the bonuses to be distributed to the informant, given fifty percent of those who been seized. All bonuses will be paid in the event been seized without notice catch those. Trafficking prevention, monitoring and bonuses shall be paid to the informer obliged to investigate. Seizure of bonuses, but the action itself and actually participated in the arrest of illegal goods smuggling prevention, tasked with monitoring and investigating those who qualify.
(3) According to this article will be paid bonuses, taxes other than stamp duties, taxes and spending will not be subject to.
(4) according to this article been seized those given to per-incident amount of the bonuses (30000) index figure, the opening of public prosecution, conviction, forfeiture or officer of the date on which the final decision to be put into public ownership can not exceed the amount to be determined by multiplying the monthly coefficient. However, a year bonus payable (120000) indicator officer numbers will not exceed the amount obtained by multiplying the monthly coefficient.
(5) Joint operations and controlled with the principles and procedures for the determination of the main unit price to be paid bonuses in delivery applications, and bonus payments and other matters concerning the implementation of this Article, taking the opinion of Finance and Ministry of National Defence, issued by the Ministry in charge of the Interior Ministry and the Undersecretariat of Customs determined by regulation. Criminal laboratory

Article 24 (1) Prevention of trafficking act, to act within the framework of the monitoring and investigation of criminal laboratories are established by the Undersecretariat of Customs. This laboratory studies the principles and procedures specified in the regulation to be issued by the Undersecretariat of Customs.

PART FIVE Transitional and Final Provisions Provisions Annulled

Article 25 (1) Anti-Smuggling Law No. 4926 dated 10/7/2003 is repealed.
PROVISIONAL ARTICLE 1- (1) removed smuggling references to the Terrorism Act is the law about the other laws of the abolished 07.01.1932 dated and No. 1918 on Trafficking and Tracking force by this Act shall be deemed to be made to this law.
PROVISIONAL ARTICLE 2 (1) 21.12.2000 dated and 4616 April 23, 1999 Committed up to date to Consequently Conditional Release of the crime, if the case and decided to postpone the trial in accordance with the Law on Suspension of punishment, regardless still under trial, confiscation of goods shall be liquidated immediately.
Provisional Article 3 (1) The customs authorities detained pursuant to the second paragraph of Article 10 of the seized goods with fugitive suspected vehicle and establishes smuggled goods store until 1/1/2009 for storage of tools or benefits to hire the existing store or by purchasing . Undersecretariat of Customs warehouses for smuggled goods to the budget to cover the costs of the necessary, adequate funds are put.
(2) until a supply depot and facilities in the second paragraph of Article 11, the leakage suspicion seized all kinds of detained goods in accordance with Article 10 of the second paragraph of Article vehicle and vehicle to the nearest amount to Allowable or customs authorities of the customs office, sex, brand, type, model, serial number shows the distinctive features of the goods will be delivered as a written report.

(3) is more in terms of quantity of goods or storage if required special facilities and assembly, goods, directly related to the administration according to the specifications, it is the Ministry of Interior is not possible, the Finance Ministry and the Customs Administration of Liquidation Affairs Revolving Fund will be determined by the Directorate General principles and put on the basis of the highest local civilian authority to a place where appropriate.
(4) This Law repealed the Anti-Smuggling Act Article 35 (g) of the amount in the escrow account to ensure the spent Undersecretariat of Customs in accordance with subparagraph, on the one hand the budget to be used for the purposes specified in Article 11 (b) revenue in chart, on the other hand, Undersecretariat of customs allowance is recorded as related to the composition of the budget.
(5) until 31/12/2011, of this Law Article 23 of paragraph (a) and (b) the subsequent fifty percent of the collection of judicial and administrative fines related to the remaining smuggling acts, except in cases mentioned in paragraphs; monitoring of litigation, advocacy and analysis made during the investigation, to be established by the Undersecretariat of Customs and inspection jobs criminal laboratory equipment and the supply of consumables and in Article 11 on the one hand the budget to be used for the purposes specified in (B) revenue in chart, on the other hand, the Undersecretariat of Customs allowance of disposition regarding the budget It saved as.
Provisional Article 4 (1) Repealed Smuggling and repealed by this Law and the Law on the follow-up removed Anti-Smuggling who seized the illegal assumption by the law or by transferred to the State by the Customs Code, which is maintained in local government and public institutions and organizations of the Law of fuel that have not been liquidated as of the date of entry into force, public institutions and the local authorities who kept them with institutions deemed to have been allocated bonus. any taxes from fuel allocated in this way and the picture is taken.
(2) Leak seized with the notion of the court proceedings as a result of the fuel, the cost of the decision to return to the owner, paid by the Treasury.

Enforcement Article 26 (1) This Law shall enter into force on the date of publication.

Execution Article 27 (1) This Law shall be enforced by the Council of Ministers.