Objection To Jurisdiction In The Criminal Case - 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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Objection To Jurisdiction In The Criminal Case

03 Jun Objection To Jurisdiction In The Criminal Case

Posted at 15:12h in General by
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… TO THE CRIMINAL COURT

File NO: … / … E.

DEFENDANT :

Defense :

CRIME :

Subject: Authority is our objection.

INSTRUCTIONS

1 -) on the date of …/ …/ … our client … the Public Prosecution Office …/… has filed a public lawsuit against him in your court … with the acceptance of the preparatory file.

2 -) Criminal Procedure Law No. 5271 entitled “competent court” 12. in the article;

“(1) the authority to look into the case rests with the court of the place where the offence was committed.

(2) the court of the place where the last execution action is taken in the Enterprise, the interruption occurs in the non-stop crimes and the last crime is committed in the chain crimes is authorized.

(3) if the crime is committed with a printed work published in the country, the authority belongs to the place Court, which is the publication center of the work. However, in the case of printing the same work in more than one place, if the crime occurred in the edition of the work outside the publication Center, the court of the place where the work was printed is also authorized for this crime.

(4) in the case of the offence of defamation, whose investigation and prosecution depends on the complaint, if the work is distributed in the settlement or in the residence of the victim, the court of that place shall also be authorized. If the victim is imprisoned 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 or visual publications. If audio and visual broadcasting has been heard or seen in the settlement and residence of the victim, the court of that place is also authorized.” ,

18 of the same law entitled “claim of incompetence”. in the article;

“(1) The defendant shall declare his claim of incompetence prior to his interrogation at trial in the courts of First Instance, to the commencement of the examination in the District Court Courts, and to the reading of the examination report in the affairs of trial.

(2) the decision on the claim of incompetence shall be made before the questioning of the defendant in the courts of First Instance, immediately at the beginning of the examination in the courts of district courts for non-trial work, before the examination report is read in the trial work. After these stages, there can be no claim of incompetence, and the courts cannot decide on this matter.

(3) an appeal may be made against the verdicts of incompetence.”

regulations is located.

3 -) in accordance with the provisions of the legislation we have announced, We demand that our objection to lack of authority be examined before our client is questioned.

Legal reasons: 5271 S. K. m. 12, 18 and related legislation

RESULT AND PROMPT

For the reasons described above, we respectfully request, on behalf of our client, that your court be adjudicated in the absence of jurisdiction, with the acceptance of our appeal. …/ …/ …

Defense Of The Accused

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