An Excuse Petition Sent Two Minutes Before The Opening Of The Hearing Is Taken Into Consideration
12th Civil Chamber 2021/1454 E. , 2021/1915 K.
“Case Law Text”
Regarding the rejection of the objection against the decision of the … 17th Execution Criminal Court dated 10/03/2020 and numbered 2019/743 main, 2020/116 against the decision of the … 17th Execution Criminal Court dated 17/07/2020 and numbered 2020/31 amended work against the decision of the … Ministry of Execution dated 08/12/2020 and numbered 94660652-105-34-17449-2020-Kyb. The case file attached to the letter of the Ministry of … containing the request for reversal for the benefit of the law dated 08/12/2020 and numbered 94660652-105-34-17449-2020-Kyb, against the decision of the Execution Criminal Court dated 17/07/2020 and numbered 2020/31 different business, was sent to our Office with the notification of the Chief Public Prosecutor of the Court of Cassation dated 18/01/2021 and numbered KYB- 2021/2686 and read.
In the aforementioned notice
According to the scope of the file, although … 17. Although with the decision of the Execution Criminal Court dated 10/03/2020, it was decided to drop the case on the grounds that the complainant’s attorney did not attend the hearing without an excuse, although he was informed of the date and time of the hearing; As can be understood from the hearing minutes dated 10/03/2020, the hearing in question was opened at 12: 50, and the complainant’s attorney added a document from the Lawyer Portal stating that he prepared a petition of excuse and submitted it to the Court at 12:48 by issuing a petition of excuse to the annex of the petition of objection submitted to the file against the aforementioned decision,
without considering that the complainant’s attorney has a valid excuse, the decision to reject the objection in writing instead of accepting the objection was not deemed to be in accordance with Article 309 of the Criminal Procedure Law No. 5271. Pursuant to Article 309 of the Code of Criminal Procedure No. 5271, the necessity of the request for reversal of the aforementioned decision for the benefit of the law was discussed and considered;
Since the content of the notification of the Chief Public Prosecutor’s Office of the Court of Cassation based on the request for reversal for the benefit of the law is deemed appropriate, it was unanimously decided on 23/02/2021 that the decision of the … 18th Execution Criminal Court dated 17/07/2020 and numbered 2020/31 amended business dated 17/07/2020 be reversed in accordance with Article 309/4-c of the Code of Criminal Procedure in order not to have an adverse effect and not to have a retrial.
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