07 Nov Request For Decision Of Nonjurisdiction
…. TO CRIMINAL COURT …
File No : … / ….
DEFENDANT :
Defense :
Crime: the crime of inserting prohibited items into an Execution Facility or a prison.
Subject: it is our desire to make a decision on impeachment.
INSTRUCTIONS
1 -) Our client, … went to the prison on the date of the visit of a relative convicted in the prison … …and was caught trying to smuggle powdered marijuana into the prison in cigarette packets during a top search during the entrance to the prison, and he was sued for allegedly committing the crime of inserting prohibited items into the execution facility or prison with an indictment prepared by the Public Prosecutor’s office.
2 -) The actions of our clients described in the indictment are 188/3 of the Turkish Criminal Code No. 5237. as provided for in paragraph 297/1 of the same law, it may qualify as a crime of <giving drugs to others>. according to the article, if the provision or possession of goods placed in prison constitutes a separate crime, it is necessary to make a decision on non-duty, since the duty to evaluate the evidence and characterize the crime belongs to the Heavy Criminal Court, in the face of the provision that the provisions of intellectual property should be applied.
3 -) for the reasons described above, it was necessary to apply to your court because of the need to make a decision on non-duty and send the file to the duty Heavy Criminal Court.
Legal reasons: 5237 P. K. m. 188, 297, 5271 P. K. m. 5
CONCLUSION AND PROMPT
For the reasons explained above, we have filed a lawsuit against our client in your court …/ … E. we respectfully request that a decision on non-duty be made in the numbered file and that the file be sent to the High Criminal Court on duty be made on behalf of our client. …/ …/ …
Defence Of The Accused
Attorney
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