Criminal Chamber
Principal Number: 2020/821
Decision Number: 2021/1558
“Justice Text”
Sincan District Governor’s Office of District Health Directorate dated 12/02/2019 and E.221, E.222, regarding the imposition of an administrative fine of 521.00 Turkish lira three times on … , Against the decision of Ankara West 2nd Criminal Court of Peace dated 13/03/2019 and different job number 2019/840 regarding the rejection of the application made against the administrative fine sanction decisions numbered E.223, the Ministry of Justice dated 20/12/2019 and 94660652-105- The case file, which is attached to the letter of 06-6539-2019-Kyb containing the request for reversal for the benefit of the law, was read by being given to the office with the notification of the Chief Public Prosecutor’s Office of the Supreme Court of Appeals, dated 03/01/2020 and numbered KYB-2019/136115.
In the aforementioned notice;
According to the scope of the file, although an administrative fine of 521.00 Turkish lira was imposed three times, once for each drug, on the grounds that he sold antibiotics without a prescription 3 times, according to Article 15/2 of the Law on Misdemeanors No. 5326. “In case the same offense is committed more than once, an administrative fine is imposed separately for each misdemeanor. For misdemeanors that can be committed with an uninterrupted act, the act is considered as one until an administrative sanction decision is made. In the face of this regulation, in the face of the fact that three different minutes were drawn up and three separate administrative sanction decisions were made due to the act of selling antibiotics without a prescription, all sales should be considered as a single act. Pursuant to Article 309 of the Code of Criminal Procedure No. 5271, on the grounds that the decision was not found to be correct, it was requested that the aforementioned decision be reversed for the benefit of the law, and it was discussed and considered;
1/2 of the Law No. 1262. In the article, “Those that are legitimate to be given with a doctor’s prescription are sold only against a prescription and others without a prescription, exclusively in pharmacies and pharmaceutical trades, pursuant to the law.” With the regulation, the act that constitutes a misdemeanor is defined, and 15/2 of the Law No. 5326. Regarding the practice of aggregation in misdemeanors in the article, “In case the same misdemeanor is committed more than once, an administrative fine is imposed separately for each misdemeanor. For misdemeanors that can be committed with an uninterrupted act, the act is considered as one until an administrative sanction decision is made. In terms of misdemeanors that can only be committed with an uninterrupted act, it is accepted that it will be considered as a single act until an administrative sanction is applied, and it cannot be said that selling medicines without a prescription, which must be sold with a prescription charged to the offender, is an uninterrupted act since it is carried out at different times and with different procedures,
On 15/02/2021, it was unanimously decided to REJECT the request of the Chief Public Prosecutor’s Office of the Supreme Court of Appeals to reverse the law.
