Bill Of Exception Plea Of The Jurisdiction - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Bill Of Exception Plea Of The Jurisdiction

06 Mar Bill Of Exception Plea Of The Jurisdiction

Posted at 01:46h in General by
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… TO THE CRIMINAL COURT

File: … / … E.

DEFENDANT :

Defense :

CRIME :

Subject: the authority consists of our objection.

INSTRUCTIONS :

1 -) against our client; …/ …/ … on the date … with the acceptance of the file of the prosecutor’s Office …/… preparation, a public case has been filed in your court … for his crime.

2 -) 12 of the Criminal Procedure Code No. 5271 entitled “competent court”. references;

“(1) the authority to look at the case belongs to the court where the crime was committed.

(2) the court of the place where the last act of execution was made in the Enterprise, the interruption occurred in continuous crimes, and the last crime was committed in chain crimes is authorized.

(3) if the crime has been committed with a printed work published in the country, the authority belongs to the ground court, which is the center of publication of the work. However, if the crime occurred in the printing of the same work in more than one place, if the crime occurred in the printing of the work outside the publishing center, the court where the work was printed is also authorized for this crime.

(4) if the work is distributed in the settlement or place of the victim in the offence of defamation, whose investigation and prosecution depends on the complaint, the court of that place is also authorized. If the victim is arrested or convicted outside the place where the crime was committed, the court of that place is also authorized.

(5) the provision of the third paragraph of this article shall also be applied in visual or auditory publications. If the audio and visual broadcast has been heard or seen in the settlement and place of residence of the victim, the court of that place is also authorized.” ,

18 of the same law, entitled “claim of incompetence”. references;

“(1) the accused shall report the claim of incompetence before his questioning at a hearing in the courts of first instance, before the beginning of the examination in the district courts, and before the reading of the examination report in the proceedings.

(2) the decision on the claim of incompetence is made before the questioning of the defendant in the courts of First Instance, immediately at the beginning of the examination in the cases without hearing in the courts of the District Court, before the review report is read in the cases with hearing. After these stages, no claim of incompetence can be made, nor can the courts decide on this matter.

(3) appeal against unauthorized decisions may be made.”

regulations are located.

3 -) in accordance with the provisions of the legislation we have announced, we demand that our objection to incompetence be examined without questioning our client.

Legal reasons: 5271 P. K. m. 12, 18 and related legislation

Conclusion and request : for the reasons explained above, we respectfully request that your court be decided on behalf of our client, with the acceptance of our objection to authority. …/ …/ …

Defence Of The Accused

Attorney

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