Petition of Objection to Simple Trial 1
TO ADANA CRIMINAL COURT OF FIRST INSTANCE, HORSE JUDGE
FILE NUMBER:
DECLARATION AGAINST:
PROVISIONS:
SUBJECT : It consists of our simple statement of objection to the trial, our request for the client to be tried in accordance with the general provisions, and our request for the client's acquittal.
DESCRIPTIONS
We do not accept a simple trial procedure in your court file, whose base number is given above. For reasons to be explained, we request that the trial be held with a hearing. Namely;
First of all, the trial, which is in the process of appeal regarding the event in question, was held in your court's file numbered X with a hearing, the client was punished with the decision dated X, and the accused persons named X and Y were acquitted. It is seen that an indictment was issued against my client on the date of X.
In the images reflected on the cameras regarding the incident in question, my client did not even attempt to injure X against the person named X, who he was trying to protect himself from. My client, on the other hand, tried to escape from the hands of the complainant. In addition, it is seen that there is slight freezing in the image at the moment of contact and it is not clear. Y is the person who saw the incident in person, who was with my client in the images.
If my client had thought of committing and attempting to injure the complainant. He would perform this action after falling to the ground and after getting up. In the images, it will be seen very clearly and clearly that my client often did nothing to the complainant who came before him, people intervened, and he was just waiting for the person named T, who was acquitted due to the incident that attacked my client in an aggressive manner. In fact, if the complainant hadn't tried to stop my client by holding him by the collar on the day of the incident, even the event subject to the lawsuit that occurred in your court's file numbered X would not have happened.
In the CD monitoring report analyzed by the Çarşı and Neighborhood Watch; Based on the assessment that "a male person had a scuffle with a female person wearing a headscarf and the male person suddenly punched the female person in the face", and in the police statement of the complainant X dated 12/11/2020, "I tried to intervene; My wife then pushed me by the shoulders and made me fall to the ground. A lawsuit was filed against the client with the request of being punished without simple injury, based on the statements of "My wife left immediately afterwards" and the forensic examination report dated 10/11/2020 (sensitivity on her left wrist) issued by Adana City Hospital, and the statements of the Client and the forensic examination report in line with this statement.
In the law enforcement statement of X, one of the parties to the incident, dated 12/11/2020, “I fell to the ground. His daughter was also attacked. I tried to protect myself and my daughter.” X, whose statement was taken as a witness due to the incident and included in the images, in the law enforcement statement dated 12/11/2020, said, "At that time, Rumeysa also attacked Mustafa. Mustafa, in order to get rid of Rumeysa's hands, swept away Rumeysa's hands.” X's first statement in the law enforcement at the beginning of the investigation, that even in the CD monitoring report drawn up against the client, from the incident footage and witness statements, the statements of the complainant and the forensic report were not compatible, "I tried to intervene; My wife then pushed me by the shoulders and made me fall to the ground. It will be seen that the statement of "My wife left immediately afterwards" never happened when the camera footage was watched. In addition, the incident side Y said, “I fell to the ground. His daughter was also attacked. I tried to protect myself and my daughter.” It can be seen from the camera footage that the expression "" is both inconsistent with X and unrealistic. It is seen that the CD viewing report, which was analyzed by the Çarşı and Neighborhood Watch, is also incorrect, the resolution of the video recordings is low, it freezes upon contact, and is not clear.
The Prosecutor of the Republic, the Participant, the Deputy, the Suspect or the Defendant, the Advocate or the Legal Representative, may obtain a scientific opinion from the expert regarding the event that is the subject of the trial, or to be evaluated in the preparation of the expert report or about the expert report. In accordance with the article, we present the images in the annex of our petition by having the solution made by our expert expert. As we have explained in the measured quotations by the expert expert, the position of X remained standing and stable from the first time he made contact with Y until the last contact, and my client did not contact the complainant with the intention of injuring the complainant in any way, as we have explained with the expert report and witness statements, there is no point in asking the client to be punished. has no basis.
For all these reasons, the trial being held with a hearing, the hearing of X as a witness, especially the camera recordings and the related expert report will reveal that the statements of X and Y before, after the incident and reflected on the camera are incompatible with the statements given by the law enforcement and in your court.
For all these reasons, we request the following evidence to be collected.
CONCLUSION AND PROBLEM: For the reasons presented and explained above, we respectfully request that X be heard as a witness, and that the trial be conducted with a hearing, not accepting that it is carried out in a simple trial procedure, and that the accusation against the client be acquitted because it is unfounded and lacks legal basis.
ATTORNEY'S ATTORNEY TO DECLARE
NOTE: According to the law numbered 5070, it is electronically signed and will not be presented physically.
Petition of Objection to Simple Trial 2
Another example of an appeal to simple trial in criminal cases is as follows:
TO ADANA ASLİYE PENALTY COURT
FILE NUMBER :
DECISION NO:
SANIK:
SUBJECT : I object to the decision of your court dated 09.03.2021, which was taken according to the simple trial procedure. I object to the prison sentence imposed on me. Imprisonment orders are clearly against the procedure and the law. As a result of the trial, I demand my acquittal.
DESCRIPTIONS:
1-) I am objecting to the prison sentence given to me on the grounds that I injured my wife …….. The decisions made in the simple trial procedure are clearly against the procedure and the law and are completely against me.
2-) My wife has filed a complaint against me for reasons I do not know. In his statement, he declared that he was drunk, that I did not hit him, in addition to that he fell to the ground by himself.
There are also witnesses who say that I did not inflict violence on my wife on the day of the incident, that she was too drunk and fell to the ground. If my witnesses are heard, it will be clear that I am innocent. (ANNEX 1)
I have had to appeal the decision made without the necessary research and investigation. For this reason, I object to the simple trial procedure. I request that a judgment be made in accordance with the general provisions and a verdict of acquittal.
I request a decision based on the scope of the file, witness statements, and statements of the complainant.
PROMPT: For the reasons we have stated above and for the reasons that will be taken into account by the esteemed court,
1- For the reasons presented above, the judgment should be made in accordance with the general provisions;
2- I respectfully submit and demand that a verdict of acquittal be taken against me.
ACCUSED
LICENSE LIST:
Petition of Objection to Simple Trial 3
ADANA ASLİYE PENALTY COURT
FILE NUMBER :
APPEAL DEFENDANT:
SUBJECT : It is a petition that includes my objections to the decision of your court taken according to the simple trial procedure, dated 2021, and my request for acquittal, together with my request for my party to be tried in accordance with the general provisions.
DESCRIPTIONS
1) My party is in the file at your court with the base number written above, as a defendant, and I was tried with a simple trial procedure in accordance with the indictment prepared with the allegation that I committed the crime of endangering traffic safety. PUNISHED WITH 251 DAYS IMPRISONMENT”. The said decision was notified to me on 3/1/4 and I object to the decision and the application of the simple trial procedure within the legal period.
2) In the simple trial procedure, a sentence was established against me for the crime of putting traffic safety at risk, pursuant to article 179/3 of the TCK, with reference to article 179/2. However, the allegations regarding this crime do not reflect the truth. In the incident subject to the trial, the vehicle I was in was parked, and although I was not on the move, the process developed by performing a promil test on me by the law enforcement officers. The material and moral elements of the crime charged against me were not formed in any way. Therefore, I do not accept the crime and the punishment imposed on me.
3) Even though it is stated that during the trial process, a simple trial procedure will be applied to me and a summons letter, which gives the right to a written defense, was notified, I am not aware of the notification in question. For this reason, I could not submit my necessary statements to the file and my right to defense was restricted.
4) For the reasons explained above, I object to the simple trial procedure. I demand a judgment of acquittal based on the general provisions.
CONCLUSION AND PROBLEM: In the light of the reasons I have stated above and which will be taken into account by the court ex officio;
1- For the reasons presented above, although I openly object to the decision made as a result of the simple trial procedure, with the acceptance of my objection, my person will be tried in accordance with the general provisions,
2- By proxy, I respectfully submit and request that I be acquitted of the offense of insult and threat, which was brought against me due to the lack of concrete evidence regarding the offense of insult and the lack of material elements of the crime of endangering traffic safety.
THE ARTICLES
Simple Trial Objection Petition 4
TO ADANA HEAVY CRIMINAL COURT
To be presented
ADANA ASLİYE FOR THE PENALTY COURT
BASE NO:
DECISION NO:
OBJECTIVE:
PROVISION:
THE CRIME PROVIDED: Simple Injury
OUR OBJECTIONS:
We are applying to the legal remedy of objection regarding the verdict of Adana Criminal Court of First Instance, dated X and numbered X, within the legal time limit.
The alleged offense was Simple Injury, and it was decided to impose an ordinary fine of 2.240,00 TL on client X and to notify the court that the previous decision to postpone the announcement of the verdict was reversed.
1-) In the court process, which was carried out with a simple trial procedure, the verdict was rendered without holding a hearing. At this point, the client, who is the defendant, was not given sufficient opportunity to defend himself. The client, who did not have the opportunity to defend himself adequately, could not express himself fully and could not properly respond to the statements and allegations made against him. This situation in itself creates a negative situation for the client.
2-) Considering the age of the client, the conviction decision is free from the explanation that it will have negative effects on his life. Simple joking, which is considered normal among young people, has led to an unexpected result that left such a mark on the client's life.
3-) Although the statement "no trace of force was found" is mentioned in the assault report submitted to the court as evidence, the decision rendered is not in this direction. At this point, the Court had not adequately assessed the available evidence. It is clear that the decision was not made in parallel with the statements in the report.
4-) As it is known, the simple trial procedure is a procedure brought in order to conclude the proceedings faster. For this reason, evaluations are made quickly and in a hurry. On the other hand, judgments that are completed in a hurry have negative consequences as well as positive results. One of these negative results is that evaluations and defenses are not made adequately. The resulting results create an environment against the client. For this reason, the necessity of re-evaluation of the evidence has arisen.
NETİCE AND DEMAND: For the reasons explained above, I request from your Supreme Court, by proxy, that the unlawful decision of the Adana Criminal Court of First Instance, dated X and numbered X, be repealed, the evidence should be re-evaluated, and the said decision should be re-examined and decided in line with my demands.
PROMOTING
