TO THE PRESIDENCY OF THE HIGH CRIMINAL COURT
To be sent
…………… TO THE JUDICIARY OF THE CRIMINAL COURT OF FIRST INSTANCE
File No: 2021/… Main
Defendant:
Advocate : Lawyer
Subject : ………. This is the presentation of our objections to the decision of the Criminal Court of First Instance on the defendant on …/…/2021 to defer the announcement of the verdict numbered 2021/… Main and 2021/….
Descriptions :
………. The decision of the Criminal Court of First Instance to defer the announcement of the sentence and verdict given against our client in the trial for the crime of theft based on the file numbered 2021/… is contrary to our legal regulations and the law.
Our client has no intent to commit a crime. In Article 21 of the Turkish Penal Code, intent is defined as “the knowing and willful committing of the elements in the legal definition of the crime”. In that case, according to the regulation of our law, for the existence of intent, the perpetrator must both have knowledge of the elements included in the legal definition of the crime, that is, and want these elements to be realized. In other words, for the perpetrator to accept that he acted intentionally, he must make a conscious decision that includes the material elements of the crime. In the concrete case, our client did not act with the intention of stealing. Therefore, the elements of the crime did not occur.
With the indictment, which is the subject of the lawsuit, it was demanded that our client be punished only on an assumption. However, in criminal law, a conviction cannot be made based on an assumption or possibility. In the absence of any conclusive and convincing evidence that the accused has committed a crime, the principle that the accused benefits from doubt should be applied and a verdict of acquittal should be given. Indeed, this is the view of the Supreme Court of Appeals.
In the light of all the explanations, it is clear that this crime did not occur in the case subject to the trial, since our client did not intend to commit a crime. For this reason, we have had to object to the decision of the Criminal Court of First Instance to postpone the announcement of the sentence and verdict in the file numbered 2021/… of the Criminal Court of First Instance.
Result and Request:
Due to the reasons presented and explained, we object to the decision of the Criminal Court of First Instance to defer the announcement of the sentence and verdict given to our client. We respectfully request your court to reverse the said provision. …/…/2021
Defendant Advocate
Lawyer
