TO CRIMINAL COURT
FILE NUMBER :
DEFENDANT:
DEFENSE:
CRIME
SUBJECT : It Is Consisting Of Our Authority Objection.
DESCRIPTIONS :
1-) About our client; On …/ …/ … with the acceptance of the file number …/… by the Public Prosecutor’s Office, a public lawsuit was filed in your court for the crime of ….
2-) Article 12 of the Criminal Procedure Code numbered 5271, titled “Authorized Court”
“(1) The jurisdiction to hear the case rests with the court of the place where the crime was committed.
(2) The court of the place where the last act of execution was made in the attempt, where the interruption took place in uninterrupted crimes and where the last crime was committed in successive crimes is authorized.
(3) If the crime has been committed with a printed work published in the country, the jurisdiction belongs to the court of the place where the work is published. However, if the same work is published in more than one place, if the crime occurred in the printing of the work outside the publication center, the court of the place where the work was published is also authorized for this crime.
(4) In the crime of defamation, the investigation and prosecution of which depends on the complaint, if the work was distributed in the victim’s place of residence or residence, the court of that place is also authorized. If the victim is detained or convicted other than the place where the crime was committed, the court of that place is also authorized.
(5) The provision of the third paragraph of this article is also applied for audio-visual broadcasts. If the audio-visual broadcast was heard or seen in the victim’s residence and place of residence, the court of that place is also authorized.” ,
In Article 18 of the same Law, titled “Alleged Incompetence”;
“(1) The accused declares his claim of lack of jurisdiction before his interrogation at the hearing in the first-instance courts, before the start of the examination in the regional courts of appeal and before the examination report is read in the case of hearings.
(2) The decision regarding the allegation of lack of jurisdiction is given before the interrogation of the accused in the first instance courts, at the beginning of the examination in cases without a hearing in the regional courts of appeal, and before the examination report is read in cases with a hearing. After these stages, no claim of lack of jurisdiction can be made, and the courts cannot decide on this matter ex officio.
(3) Appeals can be made against the decisions of lack of jurisdiction.”
regulations are included.
3-) In accordance with the provisions of the legislation we have explained, we request that our objection of lack of jurisdiction be examined without interrogation of our client.
LEGAL REASONS :
CONCLUSION AND CLAIM: Due to the reasons we have explained above, we respectfully request that your court’s jurisdiction be decided on behalf of our client, with the acceptance of our objection to jurisdiction. …/ …/ …
Defendant Advocate
Lawyer
