The administrative fine imposed by the Provincial Directorate of Health for “operating outside the scope of medical practice or selling medicines to third parties” has been annulled.

The annulment was based on the grounds that the fine’s imposition lacked clarity regarding the specific legal provision under which it was issued.

The fine was determined to be in violation of Article 4, titled “Principle of Legality,” of the Law on Misdemeanors No. 5326.

In the dispute concerning the imposition of an administrative fine for the alleged violation of the provision regarding whether “the practice operates outside its purpose or sells medicines to third parties,” the legal basis cited for the fine included Law No. 1219, Law No. 3359, and Article Annex-6/C of the Regulation on Private Health Institutions for Outpatient Diagnosis and Treatment.

In its decision on the annulment of the fine, Eskişehir 1st Criminal Court of Peace stated:

“Article 4 of the Law on Misdemeanors No. 5326, titled ‘Principle of Legality,’ provides: ‘(1) The acts that constitute misdemeanors shall be clearly defined by law; the scope and conditions of the framework provision determined by law may also be supplemented by general and regulatory acts of the administration. (2) The type, duration, and amount of sanctions for misdemeanors can only be determined by law.’ As clearly understood from the text of the law, a distinction is made between the principle of legality for misdemeanors and crimes, allowing the acts constituting misdemeanors to be determined by the general and regulatory acts of the administration. However, the legislator does not afford the administration the same discretion regarding sanctions, ensuring that the type, duration, and amount of sanctions are determined exclusively by law.

Upon examining the specifics of the case, the court observed that the administrative fine report cited Law No. 1219, Law No. 3359, and Article Annex-6/C of the Regulation on Private Health Institutions for Outpatient Diagnosis and Treatment as the legal basis for the fine. It was further noted that the amount of the fine was determined under Article Annex-6/C of the same regulation. However, the administrative fine as stated in the report is such that it creates uncertainty as to the specific provision of law under which it was imposed. For the reasons explained, it was determined that the administrative fine in question violated Article 4 of the Law on Misdemeanors No. 5326, titled ‘Principle of Legality.’ Accordingly, it was deemed necessary to decide on the acceptance of the application … without examining its merits.”

Therefore, henceforth, authorities are required to clearly state the legal basis for the type, duration, and amount of any administrative fines imposed within this scope. If such a legal basis is not provided or demonstrated, the decision to impose the fine will be subject to annulment.