TO THE PRESIDIUM OF THE HEAVY CRIMINAL COURT
To Be Sent
BEFORE THE CRIMINAL COURT OF FIRST INSTANCE OF SILIVRI
File No: 2021/… Mainly
Defender : Attorney
Subject : This is the presentation of our objections to the decision of the Silivri Criminal Court of First Instance to withdraw the disclosure of the 2021 /… Main and 2021 /… Decision No. 2021 /… decision issued on the defendant on /…/2021.
The decision of the Silivri Criminal Court of First Instance to withdraw the disclosure of the sentence and sentence imposed against our client during the trial for theft on our client based on file No. 2021/… is contrary to our legal regulations and the law.
November client has no intention of committing a crime. 21 of the Turkish Criminal Code. in its article, caste is defined as ”the intentional and willful commission of elements in the legal definition of a crime”. Therefore, according to the regulation of our law, for the existence of november, the perpetrator must have both knowledge in terms of the elements contained in the legal definition of the crime, that is, know, and want these elements to occur. In other words, in order for the perpetrator to admit that he acted deliberately, he must make an informed decision that contains the material elements of the crime in its content. In November concrete case, our client did not act with the intention of theft. Therefore, the elements of the crime were also not formed.
With the indictment that is the subject of the case before us, our client has been requested to be punished on only one assumption. However, in Criminal law, a decision on a conviction cannot be made on the basis of an assumption or a possibility. If there is no conclusive and convincing evidence that is far from any doubt that the accused has committed a crime, the accused benefits from the doubt principle should be applied and an acquittal decision should be made. As a matter of fact, this is also the opinion of the Supreme Court of Cassation of the Supreme Court.
In light of all the explanations, it is obvious that this crime did not occur in the november that is subject to trial because our client did not mean to commit a crime. For this reason, we have had the opportunity to appeal the decision of the Silivri Criminal Court of First Instance to withdraw the disclosure of the sentence and sentence imposed on our client in the case file No. 2021 /….
Conclusion and Conclusion :
We are appealing against the decision of the Silivri Criminal Court of First Instance to cancel the disclosure of the sentence and sentence imposed on our client for reasons of supply and explanation. We respectfully request that the provision in question be overturned from your court. …/…/2021