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Law No. 1918, Prevention and Prosecution of Smuggling

Date of entry into force: 12 January 1932

This legislation includes amendments up to and including: March 1997

Chapter One General Provisions

Article 1.

Commission of any of the following acts constitute smuggling:

a. Importation or attempting to import any items or goods into Turkey without performance of the required customs transactions.

b. Importation or exportation or attempting to import or export any items or goods which are forbidden to be imported or exported from Turkey.

The resale within the country, or failure to export within the prescribed period of time, in the absence of an Act of God, any items or goods which were sold by the government to private customers on the condition of exportation.

c. Willful transportation from one place to another within the country, or the purchase, sale, concealment, offering for sale, or mediating or negotiating in the sale or purchase of any of the contraband items specified in paragraphs (a) and (b).

Those who transport contraband items within the boundaries of customs areas are considered to have willfully transported these items until they prove the contrary through documents.

This provision also applies to carriers who transport contraband merchandise from cities, towns or stations outside customs areas, or from places other than customary market places.

Carriers transporting contraband goods between quays and vessels, or railway stations and trains in closed bales or boxes with no signs on the outside are not considered smugglers until it is ascertained that they had acted with knowledge as to their contents.

d. Commission of the following acts without permission or authority:

(1) To import into Turkey, or

(2) To send or transport from one place to another in the country, or

(3) To conceal, or

(4) To sell or offer for sale, or

(5) To receive, buy, use or consume with criminal intent (this provision is absolute about tobacco and cigarette papers and all kinds of copying papers), any of the goods under government monopoly, or

(6) To manufacture such goods within Turkey, or to import into Turkey tools and instruments to be used in the manufacture of such goods, to manufacture, transport, use, safekeep or knowingly provide for the offender such tools and instruments.

e. Commission of the following acts in connection with items imported free of duties or with small amount of duties for specific purposes indicated in special laws, or in connection with goods subject to duties or monopoly:

(1) To use for the purposes other than prescribed, or to sell, or

(2) To buy with malicious intent, or

(3) To receive without a legal right or in excess of the apportioned quantity, or to fill in, certify or have certified declarations to this effect.

f. Failure to abide by the requirements of laws and permits in the re-exportation and re-importation of the items and goods which were temporarily imported or exported for a specific activity under special laws or permissions.

Preparation of the means to commit smuggling, but failure to accomplish the act due to preventive measures taken or due to any reason other than the offender's voluntary abstention constitutes an attempt to smuggle in the application of this code.

The provisions of the Military Criminal and Procedural Codes concerning the offences of smuggling of weapons and ammunition belonging to the military, committed by military persons, are not affected by the provisions of this code.

Article 2.

Officials and employees of the government, local administrations and municipalities, and institutions attached to them, the district and village muhtars (chief aldermen) and members of the Boards of Aldermen, district and village guards and forest keepers are required to report offenses of smuggling to the authorities charged with the prevention, prosecution and investigation of such offenses.

District and village muhtars (chief aldermen) and members of Boards of Aldermen, district and village guards and forest keepers are also charged with the prevention and pursuit of offenses of smuggling in absence of the officials originally charged with the prevention, pursuit and investigation of these offenses.

Article 3.

The highest civilian administrator of each local administration, all customs officials, all officials of monopoly administrations directly under government control, police directors, chiefs, assistant chiefs and officials, gendarmery commanders, officers and privates, and officers, privates and officials of customs guard units at the borders and coasts are charged with the prevention, pursuit and investigation of the offences of smuggling.

Article 4.

Whenever any person charged with the prevention and pursuit of smuggling learns of the occurrence of an offense of smuggling, be will immediately begin to perform his duties under this code, and at the same time, inform the customs or monopoly officials, as the case may be, and the highest local civilian administrator.

If smuggling occurs within the area of a military court, the persons charged with the prevention and pursuit of smuggling will first inform the commanders of customs guard units and then cooperate with them.

Whenever the persons charged with the prevention and pursuit of smuggling need assistance, the nearest military commander will detach and send the necessary military force on the written request of the highest local civilian administrator or commander of guard units.

Article 5.

(Repealed by Law #5383, dated 2 May 1949).

Chapter Two Searches

Article 6.

The officials enumerated in Article 3 are also authorized to make searches in accordance with the forthcoming articles.

Article 7.

Every bale, box and other container used for transportation will be searched if suspected of containing contraband goods.

Article 8.

Searches in private residences and their outbuildings are made as follows:

a. Written permission of the highest civilian administrator will be obtained.

b. In absence of a permission from the authorized official in a village, the search will be conducted with presence of the muhtar (chief Alderman) or his deputy, and in absence of them, with presence of two members of the Board of Aldermen.

c. If a search is to be made in the residence of the person authorized to permit searches, the required permission will be obtained from the higher civilian administrator.

A search in a private dwelling is made by authorized officials with presence of at least two persons from the Board of Aldermen, or in absence of such board, from the neighbors or villagers. Search in the private dwelling of an officer or civilian employee of the military is made with the presence of an officer of higher or equal rank. A military authority, when notified by the authority having given permission for such a search, shall send an officer who will be present during the search.

Any document which indicates the commission, or constitute evidence, of an offense of smuggling found during a search will be sealed in the presence of the owner or his relatives of sound mind, or in their absence, in presence of the persons enumerated in paragraph (b) of this article; and then taken by the persons conducting the search who will deliver it, together with the original copy of the report of such action, to the officers of the customs guard unit or the directors of the customs and guard administrations who are investigating the incident.

This seal may be broken by the investigators of smuggling in the presence of the owner, or if the owner has not come or is unknown, in presence of two persons from the Board of Aldermen or from neighbors; then the documents will be examined as soon as possible, and those which constitute the evidence of the offense and the documents pertaining to the investigation will be sent to the public prosecutor, and the documents which are connected with the military will be forwarded to the nearest military judicial commander. Other documents will be immediately returned to the owner against a signed receipt. The interested persons may object to competent authorities about the manner of the seizure on grounds of reason, and in accordance with the procedure prescribed, in the Code of Military Procedure.

It is not necessary to obtain permission for daytime searches to be made immediately pursuant to the proper procedure in places frequented by the people or in places where an activity constituting smuggling is apparently being performed. In such cases searches may be made under paragraphs (a), (b) and (c) even during nighttime.

Article 9.

Searches in places like shops, stores, private houses where commercial activities are performed, depots, storehouses, warehouses, inns, hotels, pensions, cinemas, theatres, casinos, cafeterias, nightclubs, and their outbuildings, may be made without permission as long as such places are open to the public, and as long as the search is made in their sections open to the public. These places, when closed to the public, are subject to the provisions of Article 8.

Article 10.

The persons, civilian or military, who are suspected of concealing contraband goods in the customs halls may be searched without any restriction or condition.

Within customs areas, this search will be made by taking the suspected person to the nearest police station, government office or military garrison.

Women will be searched by a woman.

The authorities which the Code of Criminal Procedure has provided for judges, public prosecutors and the police officials charged with performing the orders of public prosecutors as their assistants are not affected by these provisions.

Article 11.

(Amended by Law #6829). Entrance, exit or passage through places other than the gates and routes specified in Article 7 of the Customs Law is prohibited.

Any person or vehicle which will be seen in such places will be stopped by responsible officials, and such person, vehicles and their goods or loads will be searched.

If a warning by calling "STOP" is not obeyed, a second warning will be made by shooting in the air. If even this second warning is not obeyed, the responsible officials are authorized to use arms.

The provisions of the foregoing paragraphs are also applicable to smugglers who may be seen within the country by armed police and customs guard officers.

Responsible officials are also authorized to use arms against the driver of a vehicle or animal who does not obey a warning or sign of "STOP" made by shooting in the air within a customs area.

Railroad vehicles are excluded from this provision. The actions necessary to be taken under circumstances which require such a vehicle to be stopped will be stopped will be performed when it stops at a station.

Members of the gendarmery or customs guard organizations charged with the prevention, pursuit and investigation of smuggling are authorized to approach any kind of vessels within territorial waters or customs areas and examine its cargo and documents.

Provisions of the foregoing paragraph are also applicable to vessels which, without permission and at places where there are no customs offices, have drawn near the land or have established communication with the shore or with other vessels at the coast or on the rivers or lakes which constitute borders of the state and all kinds of vessels of any tonnage failing to abide by the provision of paragraph (IV) of Annexed Article 2 of Law #6829. (See translation of Law #6829 attached to this translation).

Any vessel which, within Turkish territorial waters or customs areas, refuses to permit the members of the gendarmery or customs guard organizations to approach, and escape or attempt to escape is made, will be warned to stop by showing flags during daytime, or by using morse code or similar signs during nighttime in accordance with international naval codes.

The vessel which will not abide by this warning will be cautioned by firing a cannon or other weapon. If the vessel disobeys and continues to escape, firing will be made directly at the vessel in order to force it to stop.

The provisions applicable to land vehicles also apply to aircraft which, without necessity, land or take off at places where there are no customs offices.

Chapter Three Penal Provisions

Section I -- Penal provisions connected exclusively with customs.

Article 12.

The cargo of any vessel with a gross tonnage of not more than 100 tons total will be confiscated when such a vessel, while enroute from a foreign country is seen within Turkish territorial waters outside its route as indicated in its papers, except where such deviation is due to an Act of God.

The captain or agent of a vessel which, when so apprehended was without any cargo, who cannot prove that his vessel had no cargo or that the cargo was unloaded at another port or that the cargo was sacrificed due to average, shall be punished by a heavy fine of ten liras for every ton.

Article 13.

The contraband goods, whether or not included in the manifest, found in vessels which, without permission and at places where there are no customs offices, have drawn near the land or established interrelation with persons on the shore or with other vessels at the coast or on rivers or lakes which constitute borders of the State, shall be confiscated.

Article 14.

The goods and items found on persons or among the property of passengers entering Turkey which, while subject to customs or monopoly, are not declared to customs shall be confiscated.

If a passenger declares another's goods as his own, such contraband goods will be confiscated and both the passenger and the actual owner of the goods will be punished by heavy fine equal to the amount of duties which should be paid for the goods.

Commercial goods in any amount belonging to passengers which are not declared by their owners, but found either on their person or in containers; and goods subject to customs and monopoly which, though hidden for the purpose of smuggling, are found in boxes, trunks, bags and similar containers or in specially made secret arrangements within such containers, or at secret places of goods carried on the persons of their owners, or in pillows, quilts or mattresses, or hidden within shoes or on persons, and goods subject to customs and monopoly which are not submitted for inspection in any manner, shall be confiscated and the responsible passengers will be punished by imprisonment and fine in accordance with paragraph 3 of Article 25.

Any goods subject to customs or monopoly not declared to customs but found either on the persons or among the property of passengers entering Turkey, may be confiscated at any time regardless of the restrictions of place and time prescribed in paragraph 2 of Article 22.

Article 15.

Any imported goods subject to customs duty which are not included in the original copy of the bill of lading or in the customs declaration, whenever found in a ship or in a train or in any other vehicle, and whether or not submitted to the customs, will be confiscated, unless it is ascertained that failure to include such goods in the bill of lading or in the customs declaration is due to a good reason or an act of God, and a heavy fine equal to the value of such goods will be imposed.

Article 16.

If the containers of goods which have not been included in the original copy of the bill of lading bear the same number and marks as those on other containers which have been included in the bill of lading, and if their inner envelopes are also similar in kind, then those goods which are subject to higher customs duty will be considered to have been excluded from the bill of lading and they will be subject to the provision of Article 15.

If such goods are included in the copies before the bill of lading is presented to the customs, and if they are declared to the customs officials coming on board the ship after the ship arrives at the port, heavy fine equal to the customs duty on the goods will be imposed.

If it is proved that the goods were not included in the bill of lading due to a good reason or an Act of God, no punishment will be imposed.

Goods which are inconsistent with the description indicated on the inner containers will be confiscated.

Article 17.

Goods which have not been included in the bill of lading or in the customs declaration, but found during a search will be confiscated and paragraph 2 of Article 25 will be applied to the offender.

Article 18.

Passengers coming into and going out of Turkey shall be notified about the goods which they are forbidden to import or export. If, after such notification, contraband goods are found either on their persons or among their property contrary to their declarations, such goods will be confiscated and the offender will be punished by a heavy fine equal to five times the value of the goods.

If the owner of the contraband goods voluntarily pays the heavy fine to the customs administration a record of such payment will be made by the customs administration which will be signed by the owner, but no prosecution will be conducted against him. The owner who has signed such record will have no right to resort to court thereafter.

The provisions of Section I of this Chapter are applicable to the persons who secretly smuggle or attempt to smuggle such goods as defined in paragraph 2 of Article 14.

Article 19.

The contraband items brought to the customs from foreign countries, if indicated in the original copy of the bill of lading or in the customs declaration, will be returned and shipped to the country of origin or to another foreign country under good guaranty.

Such goods, if not indicated in the original copy of the bill of lading or in the customs declaration, will be confiscated even if they are declared or delivered to the customs upon arrival at the port or station of destination by the ship master, ship's broker or the railway administration, and the provision of paragraph 2 and the subsequent paragraphs of Article 25 will be applied to the carriers of such goods.

Article 20.

Any person who, by submission of a false declaration or by illegal customs transactions with the use of fraud or abuse of office, imports or attempts to import goods and commodities into the country by paying less than the regular amount of duties or taxes, or without payment of any tax or duty and by representing as if taxes or duties have been paid, or as though the goods are subject to exemption while they are not, or who in the same manner imports or attempts to import goods and commodities subject to import prohibition or monopoly by representing such goods and commodities as excluded from such prohibition or monopoly, will be punished by imprisonment from one to five years and the goods and commodities will be confiscated.

Any official or employee who participates in the above defined offense will be punished by twice the punishment prescribed for the offence.

Also, a heavy fine equal to five times the taxes and duties unpaid, or five times the market value, including customs duties of the goods subject to import prohibition or to monopoly will be imposed.

If the goods and commodities could not be seized, the market value, including the customs duties on the goods, will be added to the above-indicated heavy fine.

The provision of Article 60 will be applied to the goods seized and the fine imposed for violation of the provisions of this article.

If the offense is discovered while the goods were in customs, as defined in Article 152 of the Customs Law #5383, then the interested persons will be paid a bonus in accordance with that article, relative only to the fine imposed.

If collection of the fine is legally impossible, such bonus will be immediately paid out of the proceeds of the sale of the contraband goods.

Article 21.

Owners or transporters of goods subject to customs duties which are detained at customs, may request delivery of such goods by paying a deposit equal to their value plus the customs duties and other taxes on the goods. If delivery of such goods is not requested and if the goods consist of perishable substances or if their storage is either difficult or expensive, such goods, after notification to the owner, will be sold at auction by the customs administration in the presence of a member from the chamber of commerce, or where a chamber of commerce is not existing, from the board of municipality.

Article 22.

The provisions concerning Statute of Limitations of the Turkish Criminal Code are applicable to the offences of smuggling.

Where no punishment other than confiscation is prescribed by this code, goods subject to customs duties may be confiscated only at the time of commission of the offense.

No fine equal to the value and no duties will be collected for the goods on which the right of confiscation has become void or Statute of Limitations to prosecute has run out.

If, before a decision of confiscation becomes final, the offender dies, or receives a pardon, or the Statute of Limitations concerning the offense runs out, the following rules will apply:

a. The goods seized while being smuggled and retained by customs will, upon collection of the taxes and duties on the goods and the expenses, such as storage, transportation and porterage expenses, be returned to the owner who desires to import them. If the goods will be exported, no taxes and duties will be collected, but only expenses, such as storage, transportation and porterage expenses, if any, will be collected.

b. No taxes and duties will be collected for goods subject to customs duty, and seized in the country on suspicion of smuggling, when such goods are returned to the owners.

c. Goods subject to import prohibition or monopoly will not be returned.

Section II -- Penal Provisions Concerning Smuggling of Goods Subject to Customs or Monopoly.

Article 23.

With the exception of contraband goods involved in the offences defined in Section I of the Chapter containing penal provisions, all contraband items, whether imported from abroad or found within the country, will be seized immediately, and a record indicating the kind and quality of such goods will be made and signed, at the nearest governmental capital and in presence of the accused, by a board composed of the police officer in charge and officials of the concerned customs and monopoly administration, or in absence of such administration, officials of the revenue office.

The following rules will also be observed in connection with the contraband items referred to in the foregoing paragraph:

(1) Contraband goods which constitute evidence of the offense and which require an analysis or examination by a scientist or specialist for determination of their nature, will be sealed by the official seal of the police and given to the customs or monopoly administration against a receipt together with the record made.

(2) Contraband items, such as playing cards, cigarette papers, matches and lighters, will be destroyed in the presence of interested persons by the officials of the nearest customs or monopoly administration, or in their absence, by the local government agencies, and a separate record will be made for such action. If the offender is unknown or has escaped, his presence is not required during determination and destruction of the contraband items.

Tobacco, cigarettes, gun powder, combustible chemicals, explosives, shot, cartridges and hunting materials seized as contraband items will be turned over to the monopoly administration at an estimated price and against a receipt. The monopoly administration will assort and destroy those which have no use for that administration.

(3) Contraband items, the sale or use of which is forbidden, will be submitted to the concerned customs or monopoly administration, or in their absence, to the revenue office against a receipt.

The foregoing provisions are applicable also to the goods under monopoly seized by customs officials.

No price or tax is required for delivery of such items to the concerned monopoly administration.

Article 24.

The contraband goods, tools or vehicles submitted under paragraph 3 of Article 23 and 48, will be sold, after a decision of confiscation on them becomes final, either to the Red Crescent or the Children's Protection Association for a price equal to 25% of their CIF value, on condition that they will not be resold.

The CIF value will be estimated according to the condition of the goods after a record of them is made by the concerned administrations. The goods which are not of any use for the above-named associations or which cannot be sold for 25% of their CIF value, will be destroyed if they will facilitate the introduction to the market of similar contraband items. The Ministry of Customs and Monopolies will determine from time to time the goods which are in this nature.

The goods other than those in this nature will be sold in accordance with the procedure to be set forth by the Ministry of Customs and Monopolies at the places where the goods are located or at other places to be selected by the concerned administrations. The contraband goods, tools of vehicles which are easily perishable or which are difficult, expensive or dangerous to store, will be sold under the foregoing provisions without waiting the finality of the decision of confiscation.

The goods which are not sold as described above, will be destroyed. However, if demanded, such goods will be given free of charge to government offices or institutions or to eleemosynary societies on the condition they will not be resold.

The customs authorities will demand no taxes, duties, fees or expenses for the goods, tools or vehicles given or sold under this article.

Article 25.

Except for the cases specified in paragraph 1 of Article 14 of this code, whoever, for the purpose of using or consuming, has in his possession, either on his person or at some other place, contraband goods subject to monopoly, or whoever, for the purpose of using for his or another's need, knowingly buys within the country or keeps in his possession either on his person or at some other place, any of the goods smuggled through customs, will be punished by a light fine equal to the value, including customs duties on the smuggled goods, or equal to the fine prescribed in special laws for goods subject to monopoly. Such goods will also be confiscated. The light fine which will be imposed under this article may not be less than ten lira.

If the amount of fine exceeds fifty lira, a light imprisonment of one day for every three lira and fractions of a lira exceeding fifty lira, will be imposed in addition to the light fine. The light imprisonment which will be imposed under this paragraph may not exceed one year.

The perpetrators of all kinds of offences of smuggling which are not covered by the definitions in the foregoing paragraphs and for which this code has not prescribed a separate punishment, will be imprisoned from one to five years, and punished by a fine equal to the total sum of the customs duties and other duties on the smuggled goods, or in case of goods subject to monopoly, equal to the fine prescribed for such goods in the special laws. Such goods will also be confiscated.

If the goods and items cannot be confiscated, or, are subject to import prohibition, or where no fine has been prescribed in the special laws, the value of such goods, including the customs duty on them, will be added to the fine imposed.

Where the CIF value of the smuggled goods or items is less than 1000 lira, the punishment prescribed in paragraph 3, reduced by one-half, will be adjudged.

Article 26.

Any person who forms an organization for the purpose of smuggling will be punished by imprisonment from three to five years and a heavy fine of not less than 3000 lira.

Whoever participates in the organization defined in the foregoing paragraph will be punished by imprisonment for one to three years, and a heavy fine of not less than 1000 lira.

An agreement and union of two or more persons made for the purpose of engaging in activities of smuggling is considered to be an organization for the purpose of smuggling.

Article 27.

If smuggling is committed by the organizers, administrators or participants of an organization formed for the purpose of smuggling, the perpetrators will be punished by heavy imprisonment from seven to fifteen years.

Any two or more persons who jointly commit smuggling in cases other than defined in the foregoing paragraph shall be punished by heavy imprisonment from five years to ten years.

In addition to the heavy fine which will be adjudged in accordance with paragraphs 1 and 2 of this article, a heavy fine not less than five times the fine prescribed in special laws for the goods subject to monopoly or five times the customs duty on the smuggled goods or five times the value of the goods prohibited from importation will be adjudged. Smuggled goods and items will also be confiscated.

If any of the officials charged with the prevention, pursuit or investigation of smuggling commits, or aids, or overlooks the commission of any of the offences defined in Articles 25 or 26 of this code, or defined in this article, the punishments prescribed in those articles will be doubled, and if such offences are committed by officials or employees other than the foregoing, the punishment will be increased by one-half.

Article 28.

Each of the persons who smuggle, with even one of them using a forbidden weapon, will be punished by twice the punishments prescribed in the preceding articles.

Article 29.

Persons who commit smuggling for the purpose of impairing the political, financial, economic, military or administrative security and welfare of the State, if such purpose has been ascertained, will be punished by a heavy imprisonment for not less than ten years and a fine in the proportions prescribed in the foregoing articles, and the contraband goods will be confiscated.

Article 30.

Whoever kills any of the officials during prevention and pursuit of smuggling or kills any person who was assisting the officials, shall be punished by death.

Article 31.

If another offense defined in the Turkish Criminal Code is also committed during or in connection with the commission of smuggling, the punishment for each crime will be adjudged separately; the rules regarding joinder of punishments will not be applied.

Article 32.

Whoever insures or obtains insurance against any danger like seizure of contraband goods or items will be punished by imprisonment for from one to three years and a heavy fine of not less than 10,000 lira, and will be banned from engagement in the business of insurance in Turkey.

Article 33.

Whoever, with knowledge about the status and reputation of the perpetrators, aids in any manner the offences or organizations of smuggling defined in Articles 25, 26 and 27 will be punished by half of the punishments for the principal offenders in those articles.

If participants in such offences are government officials, such persons will be punished as principals.

Article 34.

The use of seals on smuggled goods or stamps, distinctive signs, banderoles or labels of the customs and monopoly administrations by forging, altering or removing from the goods where they had originally been affixed, changing or stealing, or by obtaining such forged or stolen insignias, is considered to be smuggling, and is punishable, apart from the punishment prescribed for such act in the Turkish, Criminal Code, by the punishment prescribed in paragraph 2 of Article 25 of this code.

Whoever, without authority or permission, prints, sells or conceals any of the signs, banderoles or labels defined in the foregoing paragraph, shall be punished by imprisonment from six months to two years.

If the offences defined in this article are committed by the concerned officials, the punishment will be doubled.

Article 35.

Whoever uses any person exempt from criminal liability in the offences of smuggling, shall be punished by twice the punishment prescribed for the offense of smuggling.

Whoever causes, even if by negligence, commission of smuggling by a person exempt from criminal liability, under his guardianship, without participation or having any benefit in the commission of such offense shall be punished by a light fine of not less than 1000 lira or, in case of repetition, by imprisonment from three months to one year.

Article 36.

Whoever, being an official charged with the prevention, pursuit or investigation of smuggling, in any manner, neglects or abuses his duties assigned by this code, or embezzles, receives a bribe or commits forgery, shall be punished by twice the punishment prescribed by law for such offences, and shall be permanently disqualified from holding public office.

Article 37.

Whoever acts contrary to law in the search of a smuggler shall be subject to the provision of Article 194 of the Turkish Criminal Code.

Article 38.

Any of the officials or employees charged with information, prevention, pursuit or investigation as defined in Article 2 of this code, who neglects or abuses his duty, shall be punished by twice the punishment prescribed in Articles 230 and 240 of the Turkish Criminal Code and permanently disqualified from holding public office.

Article 39.

If any of the officials specified in Article 3 act with acquiescence toward smugglers, he shall be punished by the punishment prescribed for the smuggler increased by one-half. Any other official will be punished by half of the punishment prescribed for the smuggler.

Institutions or companies engaged in the business of transportation which act with indulgence toward their personnel who commit smuggling shall be punished by a heavy fine equal to the fine prescribed for the smuggler.

The goods which are lost or changed at warehouses, waiting rooms, or during loading or unloading will be treated as smuggled items. The concerned institutions or companies are liable for the payment of the values and duties on such goods.

Article 40.

Whenever a sentence involving a punishment restricting liberty for six months or more is rendered, banishment from three to ten years to be executed outside areas convenient for smuggling activities will also be adjudged. The convict will be kept under police supervision during the period of banishment.

A repeated offender (recidivist) of smuggling, regardless of the duration of the punishment restricting liberty imposed on him, shall be banished under the foregoing provision.

Article 41.

Whoever, being a driver of a mail truck, a ship's captain, a seaman, an official or employee of private persons, administrations, or corporations engaged in land, sea, rive, or air transportation, the manager or owner of an inn, hotel, coffee-house, tavern, casino or a private house where commercial activities are conducted or of such other public place, who, by taking advantage of his occupation, profession or position, commits any of the offences defined in Article 1 shall be punished, in addition to the fine prescribed in paragraph 2 of Article 25, by imprisonment prescribed for his offense increased by one-half. However, imprisonment imposed as such may not exceed the maximum limit.

Article 42.

The sales certificate or permit of any seller of goods of monopoly, who is convicted of smuggling will be revoked, and such a person will never be granted the privilege of selling goods of monopoly.

Article 43.

The provision of paragraph 2 of Article 25 of this code will apply to any person who, for the purpose of making profit, puts contraband items into containers for goods of monopoly or mixes contraband goods of monopoly or disposes of contraband goods without permission.

Article 44.

The responsible person, owner or tenant of a railway station, boat landing, or any kind of transportation, or a public place like a hotel, inn, casino or nightclub, who has acted with negligence or inattention in connection with an offense of smuggling committed by an official or employee of such places or vehicles, shall be punished by a heavy fine of 2500 to 10,000 lira.

Article 45.

Whoever exports goods from the country through gates or passages other than those determined under Article 7 of the Customs Law, or gives a false export declaration on the kind, quantity, origin or destination of the goods which will be exported shall be punished by a heavy fine from 500 to 5000 lira.

However, if such acts constitute separate offenses, the provisions of the connected articles will also be applied.

Article 46.

The persons who jointly commit or aid in the commission of smuggling shall be held jointly and severally liable for payment of the fine imposed.

Article 47.

All kinds of vehicles of land, sea and air transportation knowingly used in the transportation of smuggled goods will be confiscated.

The vehicles which are required to be confiscated shall be seized during investigation and submitted to the nearest customs or monopoly administration.

Article 48.

Vehicles used in smuggling and tools or instruments used in the manufacture of contraband goods will be seized wherever and by whomever they are found and immediately submitted to the concerned administration. The administration may sell such vehicles by auction through local government agencies if their custody is difficult and expensive.

Article 49.

Any of the participants in an offense of smuggling defined in this code who, before government officials are informed otherwise, informs the officials charged with the prevention, pursuit and investigation of smuggling, of the offence, its participants and the places where the smuggled goods have been concealed or sold, will be exempted from the punishment prescribed for the offense and will be entitled to the reward for informers. The participants who, after the officials are informed of an offence, render aid and assistance for a complete disclosure of the offence, will be punished by one-half of the punishment prescribed for the offence.

Organizers of the offense and government officials are not entitled to receive the information and confiscation rewards.

Article 50.

Whoever falsely imputes a plotted offense of smuggling to another person or accuses another of smuggling, or gives false testimony in smuggling cases, shall be punished by the punishments prescribed for such offences in Articles 283, 285 and 286 of the Turkish Criminal Code increased by one-third.

The punishment which will be imposed in accordance with Article 283 may not be less than three months.

The perpetrators of any of the foregoing offences shall be separately punished for smuggling in connection with any contraband goods used in the plotted offense of smuggling.

Article 51.

Any government official who is convicted of smuggling, or of causing smuggling, either by abuse of his office or by receiving a bribe, or imputing a plotted offense to another person, shall also be punished by permanent disqualification from holding public office.

Article 52.

The term "official" as used in the punitive provisions of this code means the persons enumerated in Article 279 of the Turkish Criminal Code and Article 13 of the Turkish Military Criminal Code.

Chapter Four Procedural Provisions

Article 53.

The accused will be under arrest during his trial, if the offense of smuggling he is charged with is punishable by a punishment restricting liberty for six months or more. The accused will be under arrest during the investigation and the trial, if the accused cannot prove his identification or is caught with contraband goods or is a recidivist of smuggling.

A person convicted who has no known domicile in Turkey shall not be released from confinement upon having served his sentence of imprisonment unless he pays or gives a valid guaranty for the full amount of fine which was imposed by the same sentence. Such person will not be released for a period to be computed over the amount of fine.

Article 54.

The reports regarding the pursuit of smuggling will contain the following information:

a. Date and place of preparation of the report, the official title and identification of the undersigned, and, in cases where written permission of the executive officer is required, the date and number of such permission.

b. The incident and its evidence, the nature, type, quality and quantity of the goods, tools, instruments or vehicles involved in the offence, and where and how they have been found and seized.

c. The identification, and the business and residence places, and the statement of the accused.

Such reports must be signed by the preparing officer, the accused and two bystanders if there were any.

The reports containing the foregoing conditions which are prepared by the officials enumerated in Article 3 of this code are valid until disproved.

Article 55.

Offenses defined in Articles 12 and 13, in paragraph 1 of Article 14 and in the last paragraph of Article 16 shall be tried by commissions composed of customs officials; offences defined in paragraph 1 and 2 of Article 25 and in Article 44 shall be tried by the local court of peace; offences punishable by imprisonment for ten years or more, or heavy imprisonment or death shall be tried by the High Criminal Court; and all other offences shall be tried by the Criminal Court of First Instance.

The decisions of the customs commissions may be appealed from at the Criminal Court of Peace either by the accused or by the customs director who was not a member of the commission within one week after notification of the decision.

The sentences or decisions of the criminal court of peace are final.

Article 56.

The sentences containing a fine rendered either under this code or under special laws for smuggling will be submitted to the concerned administrations by the public prosecutor on his own motion. These administrations will serve a payment order under the Law on the Procedure of Collection of Public Claims to the person convicted for payment of the fine imposed by such sentences or by the final decisions of customs commissions.

In the event that payment is not made within fifteen days after notification, the sentence will be enforced by levying execution on the convict's property under the above cited law. If the convict has no property that can legally be attached and sold or if his insolvency is ascertained, and if collection of the fine cannot be legally postponed by the concerned administrations, the decree will be returned to the public prosecutor for enforcement by converting the fine into imprisonment.

In converting the fine into imprisonment, every three lira of heavy fine or fine will be counted for one day's imprisonment. Fractions not amounting to three lira will also be counted as three lira.

If the convict pays the fine remaining after deduction of three lira for each day's imprisonment he has already served, the imprisonment or light imprisonment converted from a fine will not be enforced.

The fine collected by the public prosecutor will be given to the concerned administrations.

Article 57.

The records and investigatory documents prepared by the officials of the concerned administrations in connection with the offences defined in Article 56 will be transmitted to the public prosecutor for the necessary legal proceeding. A record of such transmittal will be made. Such a record entitles the officials of the concerned administrations to file personal claims, to intervene in cases pending and to use all the rights provided in the Code of Criminal Procedure for such claimants and intervenors.

Non-intervention of the, concerned administration in a case of smuggling will not bar the court from confiscating contraband items and from imposing a fine on the convict; these subsidiary punishments will be adjudged together with the principal punishment on the court's own motion.

Article 58.

Investigation and prosecution against persons who violate the provisions of this code will be conducted in accordance with the provisions of Law #3005 regardless of the restriction of place and time prescribed in Article 1(a) and 4, respectively, of the same law.*

Punishments adjudged by a court in accordance with this code cannot be suspended.

Another offense of the accused discovered during a trial may not be joined with the offense then being tried.

After contraband goods, vehicles or tools or instruments subject to confiscation have been seized, if either:

a. The accused cannot be identified, or

b. The trial has been suspended for over a period of one year; then such goods will be confiscated and the confiscation will be published through convenient means of publication in five days.

* Law #3005 is a law on the procedure of flagrante delicto cases.

If, in fifteen days after such publication, interested persons do not object to a competent court the confiscation will become final.

Article 59.

The accused may appeal from a decision either by submitting an appellate petition containing his objections to the decision, or by verbally declaring his objections within the period prescribed for submission of the appellate petition, to the court clerk who will make a written report of such a declaration.

The documents will be sent to the appellate court within a period of one week after registration of the appellate petition or the preparation of the written report regarding the verbal declaration of the appellant. Appellate review will be conducted prior to other matters and with urgency. Procedural deficiencies with no bearing upon the judgment will not constitute grounds for reversal. Numerical mistakes in the applicable article of law or mistakes such as application of an article containing a heavier punishment than prescribed in the applicable article will be corrected and a punishment in accordance with the applicable article will be determined.

Article 60.

Twenty-five percent of:

a. The purchase price at the Turkish Central Bank of the smuggled gold, or

b. The value determined by the authority assigned by the Ministry of Finance in accordance with Law #3070 of foreign moneys, bonds and stocks, or

c. The CIF value of the goods which are to be given away, sold or destroyed under Article 24,

will be paid half and half from the appropriate section of the budgets of the concerned administrations to the persons who have informed about acts of smuggling and who have seized smuggled goods. Informers and confiscators of contraband cigarette papers will be paid by the monopoly administration from the reward fund of the General Directorate of Monopolies one-half kurus for up to one thousand books of cigarette papers seized and a quarter kurus for more than one thousand books. Each book consists of fifty sheets. Payment will be made half and half between the informers and the confiscators.

No reward will be paid for the value of any goods which have either been confiscated or are prohibited from use under Law #2313 and whether destroyed or given to the concerned government administrations or institutions.

After collection of the fine prescribed for offenses of smuggling, the following sums will be placed in a deposit account to be distributed as reward under the appropriate regulation: twenty percent for informers, twenty-five percent for seizors, and fifteen percent for persons who have performed extraordinary services in the pursuit and guard affairs.

The remaining thirty-five percent will be entered as income to the income budgets and as funds to the appropriate sections of the corresponding expense budgets of the concerned administrations which will be aggregated for compensations to be paid from their budgets to persons disabled or to the families of persons killed during performance of duty in the prevention, pursuit, or investigation of smuggling or while assisting persons performing such duties.

The money received from the Red Crescent and from the Children's Protection Association under Article 24 and obtained from sales of contraband goods made under the same article will be entered as income in its miscellaneous incomes account by the Ministry of Customs and Monopolies.

The rewards to be paid for playing cards, matches, lighters and flints under monopoly, the indemnities to be paid to persons disabled or to the families of persons killed during performance of duty in the prevention, pursuit or investigation of offences of smuggling of such items or while assisting persons performing such duties, and the expenses of trial and other expenses pertaining to cases of such offences will be paid from the appropriate section of the budget of the General Directorate of Monopolies. Requirements of this article will be performed by the General Directorate of Monopolies out of fines collected in connection with such offences of smuggling. The rewards to be paid the informers and seizors from the value of goods will be paid subsequent to the seizure of the goods. However, in cases of smuggling where there is no evidence of offence, payment of the rewards for informers and seizors of goods will be delayed until the judgment becomes final.

Persons charged with the prevention, pursuit and investigation of smuggling will not be paid informer rewards for offences of smuggling within their own areas of duty.

If there are no informers of contraband goods, their shares will also be paid to the seizors.

Articles 61 and 62.

(Rescinded by Law #3777, dated 17 January 1940).

Article 63.

(Rescinded by Law #4250, dated 12 June 1942).

Article 64.

Rewards advanced to informers and seizors cannot be replevied even if, at the end of the trial, the court decides not to confiscate the seized contraband goods.

Chapter Five Organization

Article 65.

Cases of smuggling offences, whether involving civilian or military persons will be tried by specialized courts. At places where there are no specialized courts, such offences will be tried by the judges specified in Article 56.

Specialized courts may either be purely military or purely civilian courts according to the peculiarity of the area of duty.

The courts will be named either specialized civilian courts or specialized military courts according to their constitution.

The kind of specialized court in each area will be determined and, when necessary, changed by the Council of Ministers, and the area of jurisdiction of such courts will also be promulgated by the Council of Ministers.

The exceptional provisions of Laws #766 and 1609 regarding the procedures of prosecution and investigation and the tribunals of trial of government officials shall not be applied to government officials, with the exception of governors of provinces and counties, the judges of High Criminal Courts and of courts with jurisdiction to try smuggling offences defined in this code, public prosecutors performing duty in such courts, and the officials included in the fourth and higher degrees contained in Law #1452 regarding the consolidation and adjustment of salaries, for their offences defined in this code.

Article 66.

Specialized civilian courts are first instance courts with single judges which will be established by the Ministry of Justice to try only smuggling cases.

Offenses punishable by death or heavy imprisonment for ten years or more are tried by a board composed of two additional judges from the area of jurisdiction of the court or from the nearest court and the one original judge will preside over the board.

Article 67.

Specialized military courts are composed of one judge advocate and two military members.

At every court there will be one military prosecutor and one interrogation judge selected from judge advocates. These courts will be given court clerks in required numbers.

The judges, prosecutors and interrogation judges of specialized military courts are selected by the Ministry of National Defense and appointed by national will.

Article 68.

Judicial command authority within the area of specialized military court is equal to that of a division commander, and the judicial authority of a customs guard unit commander is equal to that of a corps commander. Accused military persons with ranks beyond the jurisdiction of specialized military courts are tried by the nearest corps or higher military courts.

Article 69.

Specialized military courts act in accordance with the provisions of the Code of Military Procedure.

Article 70.

Regardless of their class and grade of salary, the judges, prosecutors, interrogation judges, chief clerks and clerks of specialized courts are paid 300, 250, 150, 130 and 100 lira a month, respectively.

The portion of these amounts in excess of the sums of equivalent salaries contained in the law regarding the consolidation and adjustment of salaries are compensations of specialization and do not constitute vested rights.

Article 71.

The provisions of Articles 65, 66, 67, 68, 69 and 70 of Chapter Five will be effective for three years after this code becomes effective.

Article 72.

Law #1510 regarding the prevention and pursuit of smuggling, Chapter 12 of the Customs Law and Article 50 of the Budget Law of 1925 are rescinded. The provisions of customs and monopoly laws and of other laws which are contrary to the provisions of this code are rescinded.

Article 73.

This code becomes effective on the date of its promulgation.

Article 74.

The Council of Ministers is responsible for the implementation of this code.

Law Amending Certain Articles of Law #1918 on Prevention and Pursuit of Smuggling, and Annexing Certain Articles to the Same Law.

Statute #6829 Ratified on 29 August 1956

Article 1.

Articles 11, 14, 20, 25, 26, 27, 32, 35, 36, 38, 40, 44, 45, 47, 53, 54, 55, 55 and 58 of Law #1918 "On the Prevention and Pursuit of Smuggling", have been amended as follows:

(These amendments have been included in the translation of Law #1918).

Article 2.

The following articles have been annexed to Law #1918 "On the Prevention and Pursuit of Smuggling":

ANNEXED ARTICLE 1.

Security areas will be established by decree of the Council of Ministers at places deemed necessary for the prevention and pursuit of smuggling.

The government will take preventive measures within security areas. If necessary, the land within the area will be expropriated under general provisions, or the people in such areas will be moved and settled at other places under the provisions of the Resettlement Act.

ANNEXED ARTICLE 2

I. Whoever without permission from the authorities specified by the Ministries of Interior, and Customs and Monopolies, brings or attempts to bring into the security areas, the items and goods determined as prohibited and published by the Council of Ministers, will be imprisoned from six months to one year, and the goods involved in the offense will be confiscated.

II. Whoever, when requested, fails within a given period of time, to explain or prove the places where the goods were produced, manufactured or otherwise procured within a security area which goods have been expended in such a manner as by consumption, use or sale, even if the required permission was obtained for such expenditure, will be imprisoned for from six months to three years and punished by a heavy fine equal to the value of subject goods, or where their value cannot be determined, for not less than 500 lira.

III. Whoever imports, exports, or attempts to import or export into or from the country any items or goods in violation of the decrees issued under Articles 12 and 13 of the Customs Law, or in violation of the conditions and requirements prescribed for goods and items subject to import or export license or permission, or by falsely representing that the required license or permission has been obtained, will be imprisoned for from six months to three years. The subject goods will also be confiscated; if they cannot be confiscated, a heavy fine equal to the market value of the goods, or, if even their value cannot be determined, for not less than 500 lira, will be adjudged.

IV. Fishing, or entering for this purpose in Turkish territorial waters by foreigners is smuggling. Perpetrators of this offense will be imprisoned for from one year to two years, and all of their vehicles, tools and the product of their fishing will be confiscated. If bombs, dynamite, capsules or similar explosives or destructive matters or electric current have been used in fishing, or if such matters have been seized, the imprisonment which will be adjudged will be for not less than three years. Whoever fails to obey the notifications which the Ministries of Interior, and Customs and Monopolies will jointly publish and announce in connection with the implementation of the foregoing paragraphs will be imprisoned for from one month to one year; the subject goods and items will be confiscated, or, if they cannot be confiscated, a fine equal to the value of the goods and items will be imposed. If such acts of offenders constitute smuggling, they will also be punished for smuggling.

The reward which will be given over the value of the goods confiscated under this article and over the fine adjudged will be distributed in accordance with Article 60.

However, if the offense defined in paragraph 3 was discovered in the manner described in Article 152 of Law #5383 while the goods were at customs, the reward will be distributed in accordance with this article and only over the amount of the fine; if the fine cannot be collected or its collection is delayed, the shares of rewards will be distributed from the value of the goods.

If goods or items are exported from the country in violation of paragraph 3 through concealment of such goods or items by owners or personnel of vehicles as described in paragraph 3 of Article 14, the boards composed of customs officials will decide to confiscate the contraband goods and to impose a heavy fine equal to the value of such goods.

If the owner of the goods voluntarily pay the value of the goods to the customs administration, a record of such payment will be made, the goods will be confiscated, and the legal prosecution against the owner will be dismissed by the customs administration.

Topics: Criminal law,