29 Oct JURISDICTION PLEA OR OBJECTION OF AUTHORITY
TO THE CRIMINAL COURT
FILE NO : …/ … E.
DEFENDANT :
THE DEFENDER :
CRIME :
SUBJECT : The Authority Consists of Our Objection.
INSTRUCTIONS :
1-) A public case has been opened against our client for his crime in your court with the acceptance of the / … / … Preparatory file of the Public Prosecutor’s Office on the date of / …/….
2-) Article 12 of the Criminal Procedure Code No. 5271 entitled “Competent Court”. in the article;
“(1) The authority to consider the case belongs to the court of the place where the crime was committed.
(2) The local court is authorized where the last enforcement action was taken in the enterprise, an interruption occurred in non-stop crimes, and the last crime was committed in chain crimes.
(3) If the crime has been committed with a printed work published in the country, the authority belongs to the local court, which is the publication center of the work. However, if the crime occurred in an edition of the work outside the publication center, if the same work was printed in more than one place, the court of the place where the work was printed is also authorized for this crime.
(4) If the work has been distributed in the victim’s place of residence or place of residence, the local court is also authorized in the offense of defamation, the investigation and prosecution of which depend on the complaint. If the victim is detained 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 audio-visual or audio-visual publications. If the audio and visual broadcast has been heard or seen at the victim’s place of residence and place of residence, then the local court is also authorized.” ,
18 of the same Law entitled “Claim of Unauthorized Use”. in the article;
“(1) The defendant shall notify the defendant of the alleged lack of authority before his interrogation at the hearing in the courts of first instance, the beginning of the examination in the district court courts and the reading of the examination report in the judicial affairs of the trial.
(2) The decision on the claim of incompetence is made before the defendant’s interrogation in the courts of first instance, immediately at the beginning of the examination in non-trial cases in the district court courts, before the examination report is read in the case of judicial cases. After these stages, no unauthorized claim can be made, and the courts cannot decide on this issue if you are re.
(3) An appeal may be filed against decisions on non-authorization.”
the regulations are included.
3-) In accordance with the provisions of the legislation that we have announced, we request that our objection to unauthorized access be examined before proceeding to our client’s query.
LEGAL REASONS : 5271 P. K. m. 12, 18 and related legislation
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request on behalf of our client that the inadmissibility of your court be decided with the acceptance of our authorization appeal. …/ …/ …
Defender of the Defendant
No Comments