TO THE THE HEAD OF THE CRIMINAL COURT
To Be Sent To
JUDGE OF THE CRIMINAL COURT OF FIRST INSTANCE

File No. : 2021/… Base

Defendant :

Defender : Att…………..

The Subject : ………. This is the presentation of our objections to the decision of the Criminal Court of First Instance to withdraw the announcement of the decision No. 2021/… on the Basis of the 2021/… Decision and 2021/… Decision that it made about the defendant in 2021.

Instructions :

………. The decision of the Criminal Court of First Instance to cancel the announcement of the sentence and sentence imposed against our client in the trial for theft against our client on the basis of file No. 2021 /… is contrary to our legal regulations and the law.

Our client has no intention of committing a crime. Article 21 of the Turkish Criminal Code in its article, caste is defined as ”the deliberate and voluntary commission of elements in the legal definition of a crime”.  According to the regulation of our law, for the existence of caste, the perpetrator must have information both in terms of the elements contained in the legal definition of the crime, that is, he must know, and also want these elements to occur. In other words, in order to recognize that the perpetrator acted deliberately, he must make an informed decision that contains the material elements of the crime in its content. In the concrete case, our client did not act on the  theft. Therefore, the elements of the crime have also not been formed.

With the indictment that is the subject of the case before us, it has been requested that our client be punished only on an assumption. However, in criminal law, a conviction decision cannot be made based on an assumption or possibility. In the absence of conclusive and convincing evidence that is far from any suspicion that the accused has committed a crime, the principle that the accused benefits from the suspicion should be applied and an acquittal decision should be made. As a matter of fact, the opinion of the Supreme Court of the Supreme Court is also in this direction.

In light of all the explanations, it is obvious that this crime did not occur in the case that was the subject of the trial, since our client did not mean to commit a crime. For this reason,…….. We had the need to appeal against the decision of the Criminal Court of First Instance to release the sentence and the disclosure of the verdict given about our client in the file No. 2021 /… main.

Conclusion and Request :

For supply and explained reasons……… We are appealing against the decision of the Criminal Court of First Instance to release the sentence and the disclosure of the provision issued about our client. We sincerely request your court to overturn this provision. …/…/2021

Defendant’s Attorney