An assessment of certain articles of the customs law and the anti-smuggling law in terms of the principle of legality in crimes and punishments, freedom to claim rights, the presumption of innocence, and the right to property

In Turkey, certain practices in the customs and anti-smuggling legislation, particularly those stemming from the laws themselves, are not compatible with the fundamental principles of the criminal justice system. Some ambiguities and contradictory provisions in the legislation leave room for discretion by practitioners in its implementation. This leads to different administrative procedures and contradictory outcomes for individuals in similar situations. In fact, such inconsistencies result not only in financial losses for individuals, but also in criminal sanctions and numerous other negative consequences, including adverse impacts on their future professional lives. The purpose of this study is to analyze the customs and anti-smuggling legislation within the framework of the fundamental principles of the criminal justice system, to identify problematic provisions, and to determine which legal principles these provisions violate in practice. This study will not only provide a situation analysis but will also offer several recommendations aimed at improving the legislation and ensuring fairness in its implementation.