THE PROSECUTOR GENERAL OF THE SUPREME COURT
TO BE SENT TO
…… THE PRESIDIUM OF THE CRIMINAL COURT OF PENAL SERVITUDE
file number :
DECISION CORRECTION
THE REQUESTER
DEFENDANT :
THE DEFENDER :
PARTICIPATING :
CRIME :
DATE OF OFFENSE :../../…….
SUBJECT :Supreme Court ….. Of The Criminal Division ………….. Base, ……….. The decision has the right to request that appeals that may have an impact on the decision in the numbered file be left unanswered and that the decision made by the Supreme Court be overturned by correction due to the fact that it is erroneous.
INSTRUCTIONS :
1-) Your client and the Prosecutor General’s Office of the Supreme Court ……….. Despite the request of the Numbered Communiqué; ………. The Heavy Penal Court …………. Principles and ………. The approval of the Numbered Decision is contrary to law and procedure. Supreme Court 11. The decision of the Criminal Chamber contains contradictory clauses. Likewise; the trial of the crimes attributed to the client continues for 23.01.2008 days and the 562 of the law No. 5728. article 231 of the CMK No. 5271 has been amended. in accordance with the article “postponement of disclosure of the provision” the institution has been introduced. Although it is mandatory for the defendant to be asked if there is a request to apply the provision in his favor during the trial and for the Court to evaluate whether it should be applied, 231. these issues have not been evaluated in relation to the article. This issue, which is shown as the reason for the violation of the other defendants, was not considered a sufficient reason for the violation of the provision from the client’s point of view and was concluded against him.
2-) Another aspect that is shown among the reasons for the appeal mentioned by the Prosecutor General’s Office of the Supreme Court and which was left deconclusive by the Supreme Court in violation of the procedure is the fact of incomplete and inadequate investigation. In a concrete case are laid out as a fake false documents to investigate whether the alleged failure of the material elements of the crime has occurred in terms of whether the assessment is required although it is inconclusive in terms of the reasons for the appeal was shown between left by US. Because despite the fact that there is an objection about the nature of the registration certificate; the fact that the document was prepared by the relevant institutions was considered sufficient for the act to constitute a crime. Also, if there was a forgery in the document, the content and nature of the document, not the institution, should have been investigated. Alleged falsehood …………….. there are legally valid documents in their transactions. There are no regulations made by the client.
3-) In addition, in accordance with the principle of personal criminal responsibility and according to Article 38/6 of the Constitution, no one can be prosecuted for someone else’s act. As will be seen when the case file is examined and as stated in the reasoned decision; suspects “……………“ and “………….. therefore, they received a sentence of conviction for forgery of a qualified official document. Whereas the initiation of the investigation ….. the hypothetical claim doesn’t exist …………. this is a complaint by a named person about the fake issuance of securities. Also, if incomplete and insufficient prosecution had not been carried out, links would have been established with acts that are considered against, but constitute acts of forgery in another official document, and since it will be clarified that the client of the crime is a suspect; it is actually evidence in favor, and since it cannot be a reason for an appeal against, it may be considered a reason for violation. In addition, within the scope of the investigation, the signature is the product of the client’s hand, and the article is the one that regulates the promissory notes and ….. it would be revealed that it was prepared by someone who used or used the name…………
4-) …….. due to the absence of a named person, fake securities have escaped the eyes of the main court, which conducts incomplete and inadequate investigations. This issue, which was considered by the supreme court as an element against it, but which must be examined for the validity of the trial, has not been examined by the court for conclusion. Our view; if this aspect, which appears against him, but which will eliminate the crimes of forgery to the extent that there is no room for doubt in the other official document after examination, had been evaluated, it would have been decided that the acquittal would have been considered in favor rather than against, since it could have been used as a means of proving the client’s innocence. In the face of continuing doubts about the client’s innocence, the file must be corrupted in accordance with the principle of “The accused benefits from suspicion”, which is one of the basic principles of the law.
5-) the client in terms of the relevant department of the Supreme Court “the crime of falsifying official documents created two separate valid until proven falsehood against the person that has been done because there is not a clean aspect, where” shaped with expression; in the indictment against the crime of forgery can be the reason that some of the Proceedings of that has been seen as a cause of destruction. It is against the law to consider the failure to evaluate by the main court whether a forgery offence has occurred in more than one official document as a reason for the violation and not to corrupt the file.
6-) The Supreme Court ………….. the decision of the criminal chamber contains contradictory articles and constitutes a violation of decency due to differences in judgment between the defendants in the same legal situation. The reason cited against the client as the reason for the violation is the accomplice and the other accused who allegedly acted in unison …………… there is no compliance with the law in making the reason for overturning the decision of the Supreme Court, the presence of contradictory paragraphs in the decision is considered the reason for correcting the decision in accordance with established case law. For this reason, it has become necessary for us to apply for a decision correction because the decision to correct and approve the decision made about the client is incorrect.
7-) face charges of falsifying official documents in favor of extradition, and while the Client application of the law within the scope of law and qualified as a crime distinct from simple shape 765 arranged in a single article Law No. 5237 forgery forgery in official documents by the client or a qualified officer’s crimes convictions Isnad has been given. In addition, the subject matter of the action on which the client was tried was changed to a crime. Considering the fact that the client has not been informed by the Court, this situation; it shows that the client, who is not granted the right to an october defense, is not given enough time to defend himself. According to the General Principles of Law and our legislation, the accused who is tried for a crime requiring october punishment should be given the right to make an additional defense; as not given; The accused ………… and in the absence of his defense, a verdict of conviction was issued. Your client is the ECHR. 6. According to our Criminal Legal System, the right to a fair trial has been violated and the right to defense has been restricted.
😎 When considering the decision of the court of first instance from the point of view of the client, an erroneous decision was made when making a qualification and assessment of which crime may be the subject of an act that has been charged with a crime. Considering it from the point of view of the unity of law and jurisprudence, it will be seen that the qualified version of the crime of forgery does not occur in the official document. In addition, it was not taken into account that the action contained in the claim and providing a criminal charge to the client was not committed by the client, and in the event that it was carried out, it may constitute a simple version of the crime of forgery in the official document. There is no registration or official registration process in the form of any arrangement that is actually performed when the action subject to trial is evaluated. The only evidence that may be against him is a photocopy of the identity card, which was allegedly forged. As your honor will appreciate, it is not possible to conduct an examination by a forensic medical institution on a photocopied document.
9-) A search was made at the client’s house, but no fake ID or a dec document was found. The document subject to the action cannot be the material element of the crime of forgery in the official document. Likewise, the Case Law of the Supreme Court is in this direction.
10) clients; a statement given to the court under pressure from the other defendants did not; the nature of life and should be complied with in accordance with the principles of logic suggests that it should be expressed as; given the absence of any evidence against muvekil, when the provision of the law has sensitivity to the acquittal decision should be made in convictions. Therefore, while it is necessary to investigate whether there is a legally valid document issued in accordance with the declaration; TCK m, which requires a lesser penalty. by not evaluating 206 and misjudging the nature and nature of the crime, a decision was made to convict.
11-) It is also not appropriate for the relevant department of the Supreme Court to issue a decision on approval by correcting it instead of overturning it. Likewise; TCK’s 53/f.1 b.in order to make a decision on deprivation of rights in accordance with c, it is necessary to enter the merits of the file. Only the High Criminal court conducting the trial will be able to conduct such an examination. Therefore, the decision must be corrected and overturned.
12-) For the reasons we have explained above, it has become necessary for us to request that the decision be corrected and decided to be overturned.
CONCLUSION AND REQUEST: For the reasons explained above, the Supreme Court accepted our request for correction of the decision by the Prosecutor General’s Office, the Supreme Court ……….. In order for the decision to cancel and overturn the aforementioned decision of the Criminal Department to be made, the Supreme Court of Cassation together with our request to postpone the execution of the file …………. We demand that he be sent to the Criminal Department. …./…./….
Defense of the Accused
