DEDUCTING THE TIME SPENT IN DETENTION - 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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DEDUCTING THE TIME SPENT IN DETENTION

16 Apr DEDUCTING THE TIME SPENT IN DETENTION

Posted at 21:28h in INFORMATION by
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TO THE … CRIMINAL COURT

 

file number: …/…

 

DEDUCTED FROM THE PENALTY

THE DEFENDANT WHO REQUESTED :

 

 

THE DEFENDER :

 

 

SUBJECT : My client ./../.. History ….. The daily period of his detention for his crime;

 

 

INSTRUCTIONS :

 

 

1-) The defendant who is my client ../…/… on the date of … he was detained for a daily period of time for his crime; as a result of the ongoing trial, an acquittal decision was made against the client defendant. In the following time, about my client … the Criminal Court About the decision in question …/../… although an appeal has been requested on the date of the file is at the Supreme Court stage.

 

2-) Section 40 of the Turkish Penal Code No. 765 and Section 63 of the Turkish Penal Code No. 5237. as stated in the articles, it is stated that in order for the deduction to be made, it will be sufficient to commit another crime or crimes before the date of finalization of the decision made on the crime under arrest.

 

3-) As a matter of fact, in the decision of the General Assembly of the Supreme Court on the Unification of Case Law of the Criminal Court dated 06.03.1940 and numbered 1940/59 and 1940/68, <The period of detention of an acquitted person for an acquitted crime must be deducted from the period of punishment for another crime committed before the acquittal decision is finalized>.

 

4-) Due to the provisions of the above-mentioned legal legislation and the decision of the General Assembly of the Criminal Court to merge the Case Law of the Supreme Court, which occurred before the finalization of the provision and led to the result of limiting personal freedom …. The period of daily detention should be reduced from the prison sentence imposed. For these reasons, which we have explained, it was necessary to write a petition for a deduction from this penalty.

 

 

LEGAL REASONS : 5237 P. K. m. 63, 765 Pp. K. m. 40

 

 

CONCLUSION AND CLAIM : For the reasons we have described above, your court ../../…. we respectfully request on behalf of my client that the periods of detention of my accused client be deducted from the conviction verdict he has given on his date. …/…/…

 

 

 

Defense of the Accused

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