Petition For Appeal Against The Decision Of Non-Prosecution Against The Driver Who Fled After Accident
-SAMPLE DIARY-
ANKARA CRIMINAL COURT OF PEACE ON DUTY
To Be Sent
TO ANKARA PUBLIC PROSECUTOR’S OFFICE
CLIENT :
ADDRESS :……
AGENT :
ADDRESS :
TELEPHONE :
COMPLAINTED
SUSPECT :
ADDRESS : ……
SUBJECT OF COMPLAINT :
Ankara Chief Public Prosecutor’s Office file numbered 2021/… Investigation ../…/…. It consists of the presentation of our objections to the decision that there is no place for prosecution against C… D… with the decision numbered 2021/… Decision dated …/…/.
EXPLANATIONS
Plaintiff client A….. B….., …. with the licence plate number 06 … Vehicle (copy of the licence plate is attached to the petition as Annex-1) and ../../…. While travelling towards Ostim from the direction of Batıkent on the date of …/…/……………………., he was involved in a collision with the vehicle with the number plate 06 … belonging to the suspect, ……………………. Intersection with material damage traffic accident.
The vehicle driven and managed by the suspect could not stop by violating the speed limit rules of the location where the accident occurred and hit the vehicle driven and managed by the client at high speed, causing the client to hit the vehicle in front and thus a chain accident occurred.
As a result of the incident, the client wanted to keep a Traffic Accident Report and got out of his vehicle on this occasion, but the suspect continued to drive his vehicle and fled before the report was kept. Since the suspect did not get out of his vehicle and fled, his identity could not be determined. However, the client took the licence plate number of the vehicle at the time of the incident.
With the complaint made to the Ankara Chief Public Prosecutor’s Office (Annex-2), the identity of the suspect was determined. Subsequently, an investigation was initiated against C… D…, whose identity was identified with the prosecutor’s file with the above number.
Since the incident was a chain accident and it was a crowded street, many people witnessed the incident. Although camera recordings of the moment of the accident could not be obtained from the location where the accident occurred, the incident was revealed by witness accounts.
Despite this, on the grounds that there is no concrete evidence to show that C… D…. committed the imputed offence, the Prosecutor’s Office has decided that there is no ground for prosecution. This decision is against the procedure and the law.
According to the Traffic Accident Detection Report kept at Yenimahalle District Security Directorate after the accident and the fault report (tramer) issued in accordance with this report, it is also fixed that the driver of the vehicle C… D…, whom we filed a complaint and who fled, is the primary defect in the incident.
The decision of no prosecution against C… D…, the driver of the vehicle with the number plate 06 …, who caused the accident, should be lifted immediately and a decision should be made to open a public case against C… D……
LEGAL GROUNDS :
TCC No. 6047, CCP, CPL, Attorneyship Law and other relevant legislation
EVIDENCE :
Photocopy of the vehicle’s licence, photographs of the vehicles involved in the accident and the client’s vehicle after the accident, Ankara Chief Public Prosecutor’s Office File No. 2021/… Investigation, Yenimahalle District Police Headquarters ….. dated …/…/2021 Accident Sequence Numbered Material Damage Traffic Accident Detection Report, witnesses, experts, discovery and all other evidence
CONCLUSION AND DEMAND:
For all the reasons explained above and for the reasons to be observed ex officio,
1-About the suspect C…. D…, who hit the client’s vehicle and fled, given in the file numbered 2021/… Investigation of the Ankara Chief Public Prosecutor’s Office …/…/…. With the acceptance of our objections to the decision of the Ankara Chief Public Prosecutor’s Office dated 2021/… Decision numbered 2021/… Decision and the decision that there is no ground for prosecution
2-We request and demand by proxy that a public lawsuit be filed against the suspect C…. D…. 16/12/2021
A…. B…… Acting
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