TO THE … MAGISTRATES COURT
File No: …/…Decision numbered Labor
THE DECIDER OF THE SEARCH
THE OBJECTING SUSPECT :
THE DEFENDER :
DATE OF SEARCH:
SUBJECT : It is about submitting an appeal to the decisionfinding.
INSTRUCTIONS :
1-) The police teams who came to the suspect’s house decried the client suspect based on the investigation into the crime of drug trafficking … a search was conducted and found the suspect.. during a search of his house with menstrual drugs (APPENDIX 1) …a package of stimulants was confiscated. (APPENDIX 2)
2-) A judicial search has been organized between Articles 116 and 122 of the DEC deci-sion on Criminal Procedure. This measure can be applied in the presence of reasonable doubt about the possibility of arrest or obtaining criminal evidence by searching the suspect’s or the defendant’s top, belongings, residence, workplace or other places belonging to him. In these cases, in order for the search to be carried out, there must be events indicating that the evidence of the wanted person or crime is located in the specified places. (CMK art.116, 117). In order to conduct a search, the presence of reasonable doubt was sought. dec. This doubt; it should be based on the concrete event that the person whose name, property, residence, workplace or other places are to be searched has committed that crime. Reasonable doubt is the doubt that is usually felt in the face of concrete events according to the flow of life. It is essential that the suspicion on the issues mentioned is based on concrete facts. Concrete facts that require predicting that a certain thing will be found at the end of dec search or that a certain person will be caught should be found to be present. If reasonable doubt is not justified in the decisionthe decision to search is unlawful. The search is decisively or at your disposal; the verb that constitutes the reason for the call, the person to be called, the address of the residence or other place where the call will be made, or the time period during which the item, decision or order will be valid, should be clearly indicated. However, given by your Court….in the dated decision (ANNEX 3), the information about the act that constitutes the reason for the search and which criminal items to be searched was not clearly shown, and the decision was only referred to as “in dec to an investigation”. However, dec to which suspicious situation such a search was conducted at the suspect’s home, no information was provided.
4-) It is contrary to universal law to decisively search and seizure with the expression “for the purpose of collecting evidence due to an investigation” of an abstract nature, regardless of both national and international legislation. According to the principle of decisiveness of criminal procedure measures, the decision to search and confiscate cannot be the subject of the same decision. Firstly, if a search is made to the extent of necessity and a judicial purpose that cannot be reached by the search arises, a confiscation decision may be decis dec again to the extent of necessity. The decision is also clearly against the law in this aspect.
5-) Considering all these issues as ashes; it has become our obligation to request that the search and seizure decision be decommissioned due to the fact that it is contrary to law and procedure.
LEGAL REASONS : 5271 P. K. m. 116, 119, 120
CONCLUSION AND DECISIVENESS: For the reasons we have tried to explain above, we request by proxy that the search warrant against the suspect be lifted. …/…/…
ADDITIONS
…the decoded call record
… the minutes of the confiscation dated
…dated court decision
… an example of a certified power of attorney
Suspect’s Defensor
