08 May Example Of a Defense Petition For The Crime Of Wounding With a Taxi
…… CRIMINAL COURT JUDGE,
File: … / … E.
DEFENDANT :
Defense :
COMPLAINANT :
Deputy :
Subject: our petition includes our arguments on the merits.
INSTRUCTIONS :
1 -)Against the claims put forward in the petition dated …/…/… issued by the deputy of the client in the session of your court dated …/…/… given to us in the same session dated …. our arguments regarding the merits presented during the day are as follows;
2 -Deceased of the polytheists …. …., works as a water distributor in your client’s Company, … / … / … day … Business Center 4. located on the first floor …. Although the elevator, which was broken when he took water to his association, was not on the floor, he fell into the elevator shaft after he wanted to ride the elevator as a result of opening the door.
3 -) First of all, we would like to point out that the qualification of an incident as a work accident does not require the employer to be held responsible for this accident in any case. In order for the employer to be responsible, an accident must have occurred as a result of behavior and negligence that contradicts the obligation to take occupational safety measures and take care of it. In other words, the employer’s defect must be proven.
4 -) Humble employee, client started work 3 weeks ago in the workplace, the job is to bring water to homes and workplaces on order. Of course, if there are necessary measures to be taken by the employer while doing its job, the client company must take these measures. For example, if an accident occurred as a result of the fact that the necessary maintenance was not performed on the vehicle while it was driving to take water, or if it was allowed to take water without a motorcycle without a hood, the employer’s defect and liability will be in question.
5 -) But if the subject of the case is in our concrete event; 4 of the building. the elevator on the floor will be broken, even the future without a cabin, the stairwells are not illuminated, and in turn the employer provides lighting tools such as flashlights to the worker carrying water ..…. in a building located in such a large city, it does not fall in line with the usual flow of life. File …./ … / … as stated in the dated expert report, it cannot be expected that the employer will be able to check every building the employee goes to in advance. Otherwise, even if it is riding under normal conditions, due to technical failure of the elevator rope break, etc. in such cases, a situation will occur, such as holding the client’s employer accountable, which will mean unlimited liability, and this situation cannot be accepted by us.
6 -) However, it is not possible to join the client’s deputy, which includes claims that the client should be punished in accordance with the relevant article of law for the crime of wounding the employer with a taxi thrown at him.
Conclusion and request : for the reasons we have tried to explain above, we demand by proxy that the accused client be acquitted of the charge of wounding with a taxi thrown at him, and if the contrary opinion is reached at the end of the evaluation by your court, the decision to apply the legal provisions and legal reasons for the discount that are in favor of the accused client. …/…/…
Defence Of The Accused
Lawyer
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