Postponement of execution is a case of postponing the implementation of a prison sentence imposed by the courts. In case of postponement of the execution, the prison sentence imposed will not be applied for a certain period of time and will be postponed.
Postponement of execution and postponement of imprisonment should not be confused with each other.
Postponement of imprisonment is the decision of the court to postpone imprisonment for persons who have not previously been sentenced to imprisonment for more than 3 months for a deliberate crime for a term not exceeding 2 years (3 years for persons under 18 and older than 65) by the court in accordance with TCK 51. However, the postponement of the execution is a case of postponing the implementation of a prison sentence that has been finalized within the scope of the Execution Law.
ALANYA PUBLIC PROSECUTOR’S OFFICE
POSTPONEMENT OF EXECUTION
THE DEFENDANT WHO WANTS :
defense:
ADDRESS :
CRIME :
SUBJECT : The postponement of the execution of punishment is related to our request.
INSTRUCTIONS :
1-) …. He was sentenced to 5 months in prison and a judicial fine of 1200.00 TL by the decision of the Criminal Court of First Instance..
2-) The client …/…/… was found unconscious by his relatives after staying in his house for 4-5 days in an unconscious state due to a traffic accident I had on his date, as a result of a door being broken, and by ambulance …. He was brought to the hospital. 2 weeks .. He was treated at the hospital.. When there was no response to my treatment (due to dialysis and psychological trauma as a result of kidney failure), he was referred to the … Hospital at the end of 2 weeks..
3-) 3 weeks before the accident, he also learned that he had psychological problems, was extremely forgetful, often found it difficult to find his way home, could not behave healthily in his family communication after being discharged by his relatives.
4-) While all these processes are happening, mentioned above ..The Criminal Court of First Instance ../.. his numbered decision has been finalized, he has been notified to his client, but he does not remember the notification made to himself because he is experiencing psychological and physical disorders. For this reason, he could not pay the fine and apply to the necessary authorities for the execution of the prison sentence.
5) The client has to remain dependent on the dialysis machine for a while as a result of the treatment he receives, and he can meet his own self-care needs with help. It is not a matter of a bet that he poses a danger in the context of public safety and health due to his physical condition and discomfort. For this reason, the Execution Law No. 5275 m.16/6 and m.according to 16/3, it has been necessary to request that his execution be postponed for a period of time that will be deemed appropriate by your office or until his ailments have healed.
LEGAL REASONS : 5275 P. K. m. 16/3, 16/6.
Conclusion and prompt : for the reasons described above by examining the papers presented in the appendix to petition, to the Forensic Medicine Institution determined by the Ministry of justice or a full-fledged hospital and the medical board of his client to the delivery of this disease and the detection of existing diseases and the prison conditions of the execution of the penalty of the Law No. 5275 on the execution of an obstacle to the determination of whether pursuant 16/6 and 16/3, I sincerely request that the freedom-binding punishment and the punishment for working in a job useful to the public be postponed for a period deemed appropriate by your office or until his illness recovers in exchange for cash bail that will be deemed appropriate by your office. ../../..
Defensor of the Accused
ANNEXES:
1) The date …/…/… of the Criminal Court …/… given about our client …/… E. …/… K. decision no.
2) Reports that indicate hospital treatments.
3)Call Paper
