TO THE PRESIDIUM OF THE HEAVY CRIMINAL COURT,
FILE NO : …/… E.
THE DEFENDER :
SUBJECT : This is Our Petition, which Includes Our Defenses on the Merits.
1-) At the … dated session of your court, an opinion on the merits was given by the prosecutor’s office, and therefore our arguments on the merits, which we submitted during the time given to us at the session of the same date, are as follows.
2-) First of all, we would like to note that Article 252 of the Turkish Penal Code No. 5237. the crime subject to the case, regulated in article 4 of the Civil Servants’ Code No. 657. it is a crime specific to the persons performing the public duty defined in the article and other officials who are held equivalent to these persons by clearly stating in the same article. However, the client defendant is not included in any of these counts in terms of the task he is carrying out. We believe that a false characterization has been made by the prosecution in this regard.
3-) Even if it is absolutely not meant as acceptance and the qualification made for a moment is considered correct, the alleged benefit provided to the accused client as a bribe is provided for the purpose of encouraging him to fulfill or not fulfill the requirements of his duty and is not a reward suitable for fulfilling this purpose, but is an ordinary gift for the purpose of celebrating him due to his new duty. However, your court has not made any assessment of whether this is the case, either directly or through an expert witness.
4-) However, there is no suggestion made by the other accused/defendants whom he met on the date of the crime and whom he knew before to lead him to fulfill or not fulfill the need of his duty in relation to his duty, nor is there an open or closed agreement made with the other accused/defendants in this way. The other accused/defendants have asked the client defendant to mediate only the interview they intend to conduct in relation to an issue with a non-defendant who is in a superior position within the organization in which he serves. In this regard, there is no suggestion made by the client defendant to the other defendant/defendants and/or out of the case …, as well as no promise made. The client has clearly informed the other defendant/defendants that he/she will speak to the non-defendant upon this request addressed to him/her, but that he/she cannot evaluate in any way whether such an interview will be accepted or not. This has also been confirmed by the statements of the other defendants and those who were there at the time and were heard by your court as witnesses. Therefore, the spiritual element of the alleged crime has also not been formed.
5-) in addition to all that, we wish to emphasize the other defendant for a moment his/her business bribery defendants intend gordurme even they thought in this way, the targeted subject entirely to his client that the accused is a topic that is outside the definition of powers and duties, and the other defendant/accused from the case they want to see, even in accordance with the principles and rules of business, or to decide on this issue alone is authorized to make the transaction. This issue has also not been properly investigated.
6-) While this is the case, it is not possible to participate in the opinion of the prosecutor’s office, which contains the opinion that the client accused should be punished in accordance with the relevant article of the law for the bribery crime committed on him.
CONCLUSION AND REQUEST: For the reasons we have tried to explain above, I would like to request that the accused client be acquitted of the bribery charge laid on him, that if your court reaches the opposite conclusion at the end of the evaluation, that the articles of law in favor of the accused client and the legal discount reasons be decided to be applied, I would offer and request by proxy…/…/…