TO THE CRIMINAL COURT OF FIRST INSTANCE
FILE NO: …/ … E.
DEFENDANT:
DEFENSE:
CRIME: Cyber Theft Crime.
SUBJECT : It consists of our objection to the decision of non-jurisdiction.
DESCRIPTIONS :
1-) Waiting in front of the money payment machine belonging to the Bank of … Branch on …/ …/ …, the complainant, who came to withdraw money by squeezing a playing card into the machine before, got the debit card of … A public lawsuit was filed in your court with the file numbered …/ … E. for the crime of informatics theft, against our client, who persuaded him to leave there, using the card he took out after his departure and withdrawing … TL from the account of the complainant.
2-) In the trial held on …/ …/ … by your court, it was concluded that the action taken constituted the crime of qualified fraud, not the theft of information, and the case was sent to the High Criminal Court of …
3-) With the decision of the Supreme Court Criminal General Assembly dated 26.02.2008 and numbered 2008/11-17 E. 2008/38 K. in a similar incident; The conflict of duties between the Criminal Court of First Instance and the Heavy Penal Court was resolved by annulment of the decision of non-jurisdiction of the Criminal Court of First Instance.
4-) Considering the above-mentioned jurisprudence; With the acceptance of our objection to the decision of non-jurisdiction given by your court, it has become obligatory to apply to your court for the examination of the merits of the case.
LEGAL REASONS:
CONCLUSION AND CLAIM: We respectfully request, on behalf of our client, that our objection be accepted against the decision of non-jurisdiction in the file no. …/ …/ …
Defendant Advocate
Lawyer
