Import smuggling crimes in the Anti-Smuggling Law no. 5607

Smuggling is a significant problem when it is evaluated on the basis of law, which shakes the economy of the states and the state order. The regulations regarding smuggling in our country have changed radically three times in the last 10 years. Import smuggling crimes regulated in the Law No. 5607 on Anti-Smuggling are dealt with extensively in the thesis. The crime of import smuggling is evaluated within the framework of systematic criminal law, in particular the Turkish Penal Code and the Code of Criminal Procedure. The current Court of Cassation decisions and opinions in the doctrine regarding this crime were discussed and some conclusions were drawn. Thesis consists of three sections. In the first section, the definition of the crime of smuggling, the purpose, nature, application area of the Anti-Smuggling Law No. 5607 and the principles of the criminal law applied in smuggling crimes are discussed. In the second part, the subject of import smuggling crimes, protected legal interest, the circumtances affecting the imperfection, the material and subjective elements of the crime, the unlawfulness, the attempted crime, participation, the penalties to be given in case of committing the crime and the security measures are examined in detail. In the third part of the thesis, the court which is competent and authorized for import smuggling crimes, the issues related to the criminal procedure law such as search, seizure, physical examination, participation in the case, return of the prohibited goods which are the protection measures related to these crimes and problems in practice are examined in detail.