Combating fuel smuggling in Türkiye: A comprehensive analysis of criminal and regulatory frameworks

Abstract

This study examines the legal dimensions of fuel smuggling within the framework of Anti-Smuggling Law No. 5607. The primary objective of the research is to identify legal challenges encountered in combating fuel smuggling and develop solution proposals. Türkiye’s geostrategic position as a central hub in energy trade, coupled with lower fuel prices in neighboring countries, creates conditions conducive to smuggling activities. This situation results in tax revenue losses for public finance, poses risks to environmental and public health, and provides financial resources to organized crime syndicates. The review evaluates interpretative differences in the law's application through Supreme Court precedents and analyzes the effectiveness of sanctions and judicial proceedings. The research particularly focuses on issues such as varying judicial interpretations of legislative amendments, the inability to establish unified case law, and the inadequacy of deterrent sanctions. Within the framework of Supreme Court jurisprudence, the effects of implementation disparities and lengthy judicial proceedings on the right to fair trial have been examined in detail. The research findings indicate the necessity of revising legislation according to current needs, strengthening the sanctions system, and establishing unified case law among judicial bodies. Furthermore, the study recommends developing international cooperation mechanisms and expanding technological monitoring systems. The research presents comprehensive recommendations to enhance the effectiveness of legal regulations in combating fuel smuggling and systematically addresses the criminal law aspects of the issue.