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The guards, who arrested Elif Nihan İşler for not wearing a mask in Bolu, fined TL 392 for violating the Fouls Law. İşler objected to the punishment, arguing that he did not know that wearing a mask was mandatory and that he was not warned. The Bolu Magistrate Judge met İşler’s objection and lifted the sentence.
THE MINISTRY OBJECTED: The Ministry of Justice intervened after the mask penalty was abolished. The Ministry asked the Supreme Court of Appeals to revoke the decision of the criminal court of peace, which annulled the mask penalty for the benefit of the law. The 19th Criminal Chamber of the Supreme Court of Appeals accepted the request of the Ministry by majority vote on November 9 and lifted the decision to annul the masked sentence of the Peace Penalty. The Supreme Court made a legal assessment of the mask penalty within the scope of the constitution, the General Law Speedfısıhha, the Provincial Administration Law and the Law of Misdemeanors. It was indicated that the Sanitary Council, which met under the presidency of governors to prevent the dangerous situation that threatens the general health, can make the decision to wear a mask, and a visa was granted to the mask penalty.
WHAT WILL BE THE APPLICATION METHOD: It was pointed out that posters and warning signs should be hung on the main streets and arteries where sanctions for the use of masks will be applied, as well as the radar plate. It was emphasized that there is no information and document that shows that such an announcement was made in the record.
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THE POLICE WILL NOT WRITE A PENALTY The Supreme Court stressed that the police cannot impose administrative fines on those who do not wear a mask, and that the police must identify the person who does not wear a mask, sign it with a report and send it to the corresponding provincial government.
IF THE METHOD IS DEFECTIVE, THE PENALTY IS WITHDRAWN: The Supreme Court drew attention to the fact that if the Governorate of Bolu did not hang the necessary warning signs and posters on İzzet Baysal Street, where İşler was fined, the penalty should be abolished. The Supreme Court annulled the decision for the benefit of the law, at the request of the Ministry of Justice. In light of the method determined by the Supreme Court, the mask penalty will be re-evaluated by the Bolu Peace Penalty.
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