TO CRIMINAL COURT
FILE NO: …/… E.
DEFENDANT:
DEFENSE:
CLIENT:
ATTORNEY:
SUBJECT: Our Petition Contains Our Defenses on the Substantive.
DESCRIPTIONS :
1-) Against the allegations put forward in the petition dated …/…/… given by the attorney of the complainant at the session of your Honorable Court dated …/…/…, the …. Our defenses on the merits that we presented during the day are as follows;
2-) Heirs of the complainants …. …. works as a water distributor in the client’s company, on …/…/… on … Business Center located on the 4th floor …. Although the elevator, which was broken when he was taking water to his association, was not on the floor, he wanted to get on the elevator after the door was opened, and died by falling into the elevator shaft.
3-) First of all, we would like to point out that characterizing an incident as a work accident does not require the employer to be held responsible for this accident in any case. In order for the employer to be responsible, the accident must have occurred as a result of his behavior and negligence against the obligation to take occupational safety measures and to take care. In an other saying; The employer’s fault must be proven.
4-) The deceased worker started to work at the client’s workplace 3 weeks ago, and his job is to deliver water to homes and workplaces upon order. Of course, if there are measures to be taken by the employer while doing his job, the client company has to take these measures. E.g; If an accident has occurred as a result of not performing the necessary maintenance on the vehicle while he was driving to take water, or if he has been allowed to take water on a motorcycle without a helmet, the employer will be at fault and responsibility.
5-) However, if the subject of the lawsuit is in our concrete case; The elevator on the 4th floor of the building will be broken, even without a cabin, the stairwells are not illuminated, and the employer provides a lighting device such as a flashlight to the worker carrying water, ….. It does not fit the ordinary flow of life in a building located in such a big city. As stated in the expert report dated …./…/… in the file; Nor will it be expected of the employer to control every building the worker goes to beforehand. Otherwise, even if it is boarded under normal conditions, the rope breakage etc. due to the technical failure of the elevator. In such cases, there will be a situation such as holding the client employer responsible, which will mean unlimited liability and it is not possible for us to accept this situation.
6-) In this situation, it is not possible to participate in the attorney of the complainant, who claims that the client employer is punished in accordance with the relevant law for the crime of negligent injury.
CONCLUSION AND CLAIM: For the reasons we have tried to explain above, if the accused client is acquitted of the crime of negligent injury attributed to him, and if the contrary conclusion is reached as a result of the evaluation to be made by your court, we request by proxy that the legal articles in favor of the accused client and the reasons for legal reduction be applied. …/…/…
Defendant Advocate
Lawyer