17 May Decision Correction Request
TO THE PUBLIC PROSECUTOR OF THE SUPREME COURT
TO BE SENT
…… TO THE HEAD OF THE HIGH CRIMINAL COURT
NO FILE :
DECISION CORRECTION
CLAIMANT
DEFENDANT :
Defense :
Participating :
CRIME :
CRIMINAL HISTORY:../../…….
Subject: Supreme Court ….. Of The Criminal Division ………….. Base, ……….. The decision in the numbered file may have an effect on the decision to leave the appeal unanswered and the decision of the Supreme Court due to the error of the correction of the request to be overturned.
INSTRUCTIONS :
1 -) The Client and the Chief Public Prosecutor of the Supreme Court ……….. Despite the request of the communiqué no.; ………. Of Heavy Penal Court …………. Principles and ………. It is against the law and procedure to approve the numbered decision. Supreme Court 11. The verdict of the criminal chamber contains contradictory clauses. Likewise, while the trial of the crimes attributed to the client continues 23.01.2008 day and 5728 Law No. 562. article 231 of CMK No. 5271 amended. in accordance with the article, the institution of “postponing the announcement of the provision” was introduced. 231 although it is mandatory for the court to ask the defendant whether there is a request for the application of the favour provision and to assess whether it will be applied. the matter has not been considered. This issue, which was cited as a reason for distorting the other defendants, was not considered as a sufficient reason for the client to overturn the sentence.
2 -) among the reasons stated by the Chief Public Prosecutor of the Supreme Court of Appeals and the court of Cassation in violation of the procedure is the case of incomplete and insufficient investigation. Although it has been shown by us as one of the reasons for appeal that it is imperative to assess whether the material elements of the crime have taken place or not to investigate whether the documents alleged to have been forged in the concrete case have been falsified, it has been left inconclusive. Although there is an objection about the nature of the registration certificate; the preparation of the document by the relevant institutions was deemed sufficient for the act to constitute a crime. Also, in case of falsification of the document, the content and nature of the document, not the institution, should be investigated. The alleged falsehood …………….. there are legally valid documents in their transactions. There is no arrangement made by the client.
3 -) besides, in accordance with the principle of the personhood of criminal responsibility and according to Article 38/6 of the Constitution, no one can be tried for the act of another. As it can be seen when the main file is examined and as stated in the reasoned decision ; suspects“……………“ and“………….. they received a conviction for falsification of documents “ thus qualified official document. Yet the launch of the investigation ….. the hypothetical claim that doesn’t exist in reality…………. it is a complaint that the bonds were forged by a person named. Also, if incomplete and insufficient prosecution were not carried out, then links would be established with acts that constitute forgery in the other official document, and it would be clarified that the perpetrator of the crime was a suspect; it is evidence that is actually in favour and, since there could be no cause of appeal, it could be considered a In addition, in the scope of the investigation, the signature is the product of the client’s hand, the letter regulating the Securities and ….. it would have been revealed that it had been prepared by … … whoever or whoever used the name.
4 -)…… due to the absence of a person named, false certificates of quality are missing and inadequate investigation has escaped the attention of the main court. This matter, which has been evaluated by the High Court as a matter of merit, but which has to be examined in terms of the merits of the trial, has not been examined by the court for its conclusion. Our view; if this matter, which appears to be alayhe but which, upon examination, would remove the forgery offences beyond suspicion, had been considered, it would have been possible to acquit the client as a means of proving his innocence and not alayhe. In case of continuing doubts about the client’s innocence, the file should be corrupted in accordance with the principle of “the defendant benefits from suspicion”, which is one of the basic principles of the law.
5 -) in respect of the client, the relevant department of the Supreme Court stated that “the reason for the failure to observe that two separate forgeries constitute the crime of forgery in the valid official document has not been done because it is not clear”; because it may be alayhe did not regard the failure to prosecute some of the falsification offences in the official document It is against the law that failure to assess the occurrence of forgery in more than one official document by the main court shall be considered as a reason for corruption and that the file should not be corrupted.
6 -) Supreme Court ………….. the decision of the criminal chamber contains contradictory clauses and constitutes a violation of fairness due to differences in sentencing between the defendants in the same legal situation. The reason cited as the motive for disturbing the client is the accomplice and the other accused, who is alleged to have acted in unity of action …………… there is no compliance with the law in making the reason for corruption about the Supreme Court’s decision in accordance with established case law, the presence of contradictory paragraphs is considered the reason for the correction of the decision. Therefore, it is imperative that we apply to correct the decision because the correction and approval decision given about the client is incorrect.
7 -) while the client is being tried for falsification in the official document and within the scope of the application of lehe law, the simple and qualified form of the crime is different from the law No. 765 as a single article in the law No. 5237 and the client is given the decision to convict the officer for falsification in the official document or falsification The subject of the action in which the client was tried was changed to the crime. Given that the client was not informed by the court,; it shows that the client, who is not entitled to an additional defense, is not given enough time to defend. In accordance with the general principles of law and our legislation, the defendant who is tried for a crime that requires more punishment should be granted the right to make an additional defense; not given;………… and in the absence of his defense, a verdict of conviction has been issued. Your client is a member of the ECHR m. 6 and in accordance with our criminal legal system, the right to a fair trial is violated and the right to defend is restricted.
😎 When evaluating the decision of the court of First Instance from the client’s point of view, the wrong decision was made when evaluating the quality and evaluation of which crime the act was charged with. In view of the unity of law and jurisprudence, it will be seen that the crime of forgery in the official document does not take place in the qualified state. Likewise, it has not been taken into consideration that the action in the indictment, which gives the client an accusation of crime, may constitute a simple form of the crime of forgery in the official document if it is possible to be carried out as well as not by the client. There is no registration or official registration process in the form of an arrangement which is performed as an act when the action subject to trial is evaluated. The only evidence that could be alayhe is a photocopy of the identity allegedly forged. As Mr. Courteninde will appreciate, it is not possible to conduct a forensic examination on the photocopied document.
9 -) the House of the client was searched but no false identity or a false document was found. The photocopied document subject to action cannot be the material element of the crime of forgery in the official document. This is also the case law of the Supreme Court.
10 -) The Client’s statement before the court, which he did not give under the pressure of the other defendants, should be a statement that must be respected within the framework of the ordinary course of life and the principles of logic, as it is clear that there is no evidence against the client, considering that there should be an acquittal decision, Therefore, it is necessary to investigate whether there is a legally valid document arranged according to the declaration; TCK m which requires a lesser penalty. 206 were not evaluated and the nature and nature of the crime were misjudged and the conviction was decided.
11 -) it is not a substitute for the decision of the Court of Cassation to amend it instead of distorting it. Also; TCK’s 53 / f.1 b.c the basis of the file must be entered in order to decide on the deprivation of rights. Only the Criminal Court, which makes the trial, will be able to conduct such a review. Therefore, the decision should be corrected and broken.
12 -) due to the reasons explained above, it has become necessary for us to demand that the decision be corrected and impaired.
Conclusion and claim: for the reasons described above, the Court of Cassation has accepted our request for correction of the decision by the Chief Public Prosecutor’s Office………… The Court of Cassation with our request to postpone the execution of the file so that the said decision of the criminal Department can be lifted and the decision to overturn it is decided………….. We’ll request that he be sent to the Department of Corrections. …./…./….
Defense Of The Accused
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