EXAMPLE OF A PETITION TO APPEAL THE MASK PENALTY - 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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EXAMPLE OF A PETITION TO APPEAL THE MASK PENALTY

EXAMPLE OF A PETITION TO APPEAL THE MASK PENALTY

TO THE CRIMINAL COURT OF PEACE

Objector: First Name Surname (TC ID:)

Address

Counterparty: (the name of which the penalty was issued by the governor will be written) governorship (Provincial Police Department)

Address

Subject : (his name will be written if the penalty is given by the governorship) by the governorship (….) consists of my request for the cancellation of the administrative sanction decision numbered in order.

OBJECTIONS TO THE MINUTES

DATE ISSUED :

OBJECTIONS TO THE MINUTES

THE DATE OF RECEIPT OF NOTIFICATION :

INSTRUCTIONS :

(….) At the request of the Provincial Police Department (….) By the governorship, showing my side to the Public Hygiene Law No. 1593 (282. Article) an administrative fine of US $ 900 was imposed from the opposition. However, this sanction lacks legal basis and is not in place. That is to say;

In the sanction decision communicated to me briefly; depending on the minutes “(….) “the reason I’m unmasked in my position is shown. But there is no evidence in the report to prove that my side is unmasked. The mere minutes data created by law enforcement agencies are not sufficient for the decision on administrative sanctions, and it is necessary to have explanatory and conclusive evidence on the issue that caused the sanction. if traffic policemen are obliged to rely on various means of proof, such as photographs, video recordings, witness statements, in transactions related to traffic fines, records that will prove the situation should also be added to the report on not wearing a mask. Therefore, it was not right to impose administrative sanctions on me for not wearing a mask based solely on the statement of law enforcement agencies.

In addition, 72 of the Public Hygiene Law No. 1593. The “ measure / obligation to wear a mask “ to be taken in the fight against epidemics or infectious diseases , in which the measures that can be applied in the article are considered Limited , is not a responsibility clearly regulated in law 1593, nor is it a prohibition or obligation counted in this law to act contrary to these measures . For this reason, Law No. 282 of 1593. Application of the clause is not possible.

Conclusion and request : the above supply and the issues explained and resen to be observed by your dominance are evaluated together;

(….) By the governorate (….) cancellation of the administrative sanction decision numbered in order,
I demand that the costs of the trial be imposed on the other party, that a decision be made.

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