…….. TO THE CRIMINAL COURT
PROSECUTOR’S OFFICE INVESTIGATION NO : ……/……
OBJECTING TO THE DETENTION PERIOD :
TC IDENTIFICATION NUMBER :
address :
THE DEFENDER :
address :
SUBJECT : Related to the crime attributed to our client …../……/……. it consists in submitting our reasons for the detention of children and the fact that the detention is unlawful, especially in terms of duration.
INSTRUCTIONS:
1-) Our Client ………. …….. ; ..…./……/…… history and …….. born; …………………………………….. he is a resident at the address.
2-) By law enforcement agencies ……./……/…… history …………’s ………. Simultaneous raids were carried out in the district in which the suspects were in the vehicle ……….. kg of drugs and stimulants have been found and the drugs and stimulants in question have been confiscated. However, due to the fact that the owner of the vehicle used by the suspects in the prosecution initiated by the Prosecutor General’s Office is our client; Our client has been detained along with the suspects.
As stated in the statement given by our client in the prosecutor’s office; Our client’s car engine was left in the repair shop belonging to the suspects due to boiling water. That is, our client has no connection with the alleged act committed by the suspects.
However, after a raid by law enforcement agencies, the police who came to our client’s house and did not have a search warrant arrested our client and took him away decapitatively and without any information. Our client is unaware of everything that was taken to custody after this arrest incident…../…../……. i.e. he has been in custody for 3 days since the date.
3-) As is known, it is clearly stated in the article of the law that it is possible to prove the charged crime only with evidence obtained in accordance with the law and that these evidence obtained in an unlawful manner should be rejected.
On the other hand, the detention period of our client has been extended contrary to the law.91 of Law No. 5271.in the article ”The detention period may not exceed twenty-four hours from the moment of capture, except for the mandatory period for sending it to the nearest judge or court to the place of capture”, an agreement has been made; Extending the detention period and every hour that passes against our client makes our client, who is married and has children, difficult for his family. On the other hand, this aspect ……. He puts our client, who is a well-known artisan in his district and owns a significant trading house, in difficult-to-compensate losses in terms of commercial profit.
However, the reasons for arrest are also listed in Article 100 of Law No. 5271.it is clearly expressed in the article.
According to this;
“There is a reason for arrest in the following cases:
If there are concrete facts that arouse suspicion that the suspect or accused is going to escape, hide or run away.
b)The behavior of the suspect or accused;
Destroying, hiding, or altering evidence,
An attempt to exert pressure on a witness, victim, or others,
If it creates strong doubts about its merits.”
4-) As a result of this regulation contained in the article of the law; our client, who only left his vehicle in the suspect’s repair shop for maintenance, did not even know about the alleged act committed by the suspects; our client found out about this act that he was involved in through his own vehicle at the police station.
5-) Again, the conditions under article 100 and article 101 of the Criminal Procedure Code No. 5271 for the arrest to take place have not been fulfilled. It is impossible to give any proof of why the judicial control will be insufficient or mention a strong suspicion that will lead to the arrest of our client.
LEGAL REASONS : 5271 P.K. m. 91, 92, 95, 100, 101, 102, 118.
CONCLUSION AND STATEMENT : For the reasons we have explained above; …./…../….. performed in detention is not lawful that may occur in the history of the court; the prosecution explained to the court based the decision on grounds of detention the immediate abolition of the above number and our client to be released by proxy on behalf of our client, we will supply and demand. …/…../…..
THE DEFENDER
