……………………………TO THE ON-DUTY EXECUTION JUDGE
DISCIPLINARY PENALTIES
The appeal : name and surname…………… T.C………………… (Imprisoned in a prison still closed)
DEFENDER : ……………….
SUBJECT : Request for the abolition /postponement /reinstatement of disciplinary penalties imposed on the accused client
INSTRUCTIONS :
…………………Public Prosecutor’s Office investigation No. 20……../…………. the suspect in the file and ……………. 20 Of the Criminal Court…../……. In the main numbered file, the accused is…………………… currently …………….. He is under arrest in the Closed Prison.
The client had been receiving psychological treatment for months before his arrest and his treatments are still ongoing. As a matter of fact, as will be seen when the criminal and prosecution investigation file in question has been opened about the client, F32.3. he has been treated with a diagnosis of severe depressive episode with psychotic symptoms described as and it is clear that he does not have a criminal license. The diagnosis and treatment of all doctors in the process of treatment confirm each other. Our scientific opinion on the interpretation of all treatment documents and reports, both from the point of view of Forensic Medicine and Criminal Law, confirms our opinion. There have also been suicidal attempts in the past and he has been hospitalized and treated many times due to his dangerousness.
As the honorable Court also knows, it is not a criminal, but a patient who is facing a situation. In addition, it is necessary to state repeatedly that the client’s illness(mental and psychological disorders) is dangerous for him and his environment due to its severity. It is also understood from the disciplinary investigations he has undergone with the difficulties he has suffered in terms of compliance during his time in prison. In this context, it is unacceptable that he should be subjected to disciplinary punishment for every incident he is involved in against his will and expecting to be involved in a new incident every day without being treated in prison conditions while his treatment should continue in the first place.
Therefore, without the knowledge of his/her deputies or even his/her family, continuous minutes have been prepared about the client who does not have the ability to understand and comprehend the law and disciplinary penalties such as a ban on opinions have been given about him/her. The family can only be informed of this situation if the client is not brought to an opinion. For these reasons and due to the client’s illness, we are appealing against all disciplinary penalties he has received during his detention without the knowledge of his attorney and his family, as well as in the opinion that he has not been able to adequately defend himself.
3 of the Law on the Implementation of Criminal and Security Measures. The basic purpose is primarily to be achieved by the execution of sentences with clauses desired to provide general and special Prevention for this purpose, the prisoner re-offending strengthen the factors hampering the functioning of the community to protect against crime, convicts; re-encourage socialization, productive, and laws, statutes, and respectful of social rules, to facilitate the adaptation to a responsible lifestyle.”he explained the main purpose of the execution by saying. However, the client was almost mentally and psychologically traumatized during his stay in the penitentiary. Family members were punished with disciplinary penalties such as an opinion ban imposed on them. . According to the principle of the personality of the criminal conviction, the presence of the detainee in prison should not have a restrictive legal effect on the basic rights of his family and relatives. The penalties subject to appeal limit the rights of not only the client, but also the parents, siblings to establish and maintain a direct relationship with him. In a more explicit expression, the rule punishes the parents and siblings of the client.
Except for the ones described above, ……………… Our application to the Prosecutor General’s Office for the detection and treatment of the detained client’s illness in the Closed Penal House and the evaluation of the effect of this illness on the criminal license has been accepted, and from the Istanbul Forensic Medicine …/…/…… an appointment has been made for the date. For these reasons, until the referral to the hospital is provided and in accordance with the above explanations, it is necessary to ;
1- Removal / cancellation of disciplinary cases due to the failure to inform his lawyers and family, as well as the client’s inability to adequately defend himself,
2- Due to the Law December. 5275, the client cannot endure disciplinary penalties, so he was obliged to request that the execution of the sentence be postponed or executed at an interval determined by the doctor.
THE EVIDENCE : ………….. Public Prosecutor’s Office 20……/………,……….20 Of the Criminal Court…../……………, Hospital Reports
CONCLUSION and REQUEST: We respectfully request that the disciplinary penalties given in violation of the procedures and laws be abolished for the reasons described above and officially seen; The reasons and punishment and the investigation file, and that the court be adjourned/ reinstated if the court believes otherwise, be decided. …/…/……
OBJECTING TO DISCIPLINARY ACTION
Attorney
