Petition For Lifting Of Arrest Due To Traffic Accident
TO …. ESTEEMED PRESIDENCY
APPEAL AGAINST ARREST
ACCUSED :…….
DEFENDANTS :…….
OBJECTED
DECISION :…… Criminal Court of Peace dated ../../…. and ../…. Müt. No. Decision
SUBJECT : Our Request for Decision on Release by lifting the arrest decision on appeal.
EXPLANATIONS :
1-Our client, the defendant ………., was travelling from the direction of …. to the direction of ………. with the official plate belonging to ………. Municipality … . While travelling from the direction of ……. to the direction of …… with the garbage truck with …… plate number, he noticed that a person wanted to get on the road when he came in front of ………….., he reduced his speed and warned him by honking his horn. The person who wanted to get on the road paused for a while when he heard the horn sound, but then suddenly jumped on the road at a fast speed to cross the road. Since there was a very short distance between them when he jumped on the road, our client could not prevent the collision although the defendant made all his best efforts.
2- As it can be understood from the Traffic Accident Report, our client, the defendant, has no fault in the incident that occurred.
3-…… 1 Criminal Court of Peace dated ../../…. and dated ../…. With the decision of the 1st Criminal Court of Peace dated .././ and numbered query, it was decided to release our client as there was no place for his arrest, considering the fact that our client has a fixed residence, that arrest is a precautionary measure and the way the accident occurred, the Traffic Accident Detection Report and his fault status.
4- However, on the same day, the Public Prosecutor. ../…. Upon the objection of the Public Prosecutor from the file no. ….. Criminal Court of First Instance ../…. Müt. It was decided to arrest him in absentia with the decision of the …. Criminal Court of First Instance and he was taken to the Criminal Court of Peace on duty ../…. The detention warrant in absentia has been converted into a warrant of arrest in absentia with the decision numbered query.
5- Mr Public Prosecutor regarding the release of our client ….. 1 Criminal Court of Peace ../…. Since the statement of the other witness of the incident, ………., taken by the Prosecutor’s Office was not included in the documents at that time, this document should be examined and our client should be arrested in absentia according to the nature of the offence and the state of evidence.
6-Witness ……… stated in his statement to the Prosecutor’s Office that his father was standing in the middle of the road in a way that would not prevent the passage of our client and that our client hit his father at a very high speed and that he saw this incident in the mirror of his own vehicle, which was stopped.
7- It is not possible for witness ……… to see this incident, which occurred in a very short time, in full detail from the mirror of his vehicle parked parallel to the road. When the Traffic Accident Report is examined, it is obvious that the vehicle driven and managed by our client was in its own lane. Our client’s vehicle was not travelling too fast during the accident.
On the day of the accident, the weather was very bad, the road was crowded and the traffic continued at normal speed in convoy. Witness Ramadan states in his statement that our client did not help him at all and did not even come to the clinic where he took his father. However, as soon as our client got out of the vehicle, he helped the person he hit and took him to the clinic. His other friend who was with me informed the Traffic Police.
8-Traffic Accident Report was not drawn according to the statement of ………., who was in the same vehicle with our client, the defendant, as stated by the Public Prosecutor in the Petition of Objection. The accident vehicle was still on the road when the Traffic Police arrived. After the Traffic Police officers examined the scene, they asked for the vehicle to be removed and the vehicle was then removed from the road.
9-As mentioned above, our client has no fault in the incident that occurred. Our client made all his best efforts to prevent the incident from occurring, but despite all his efforts, he could not prevent the incident from occurring. Our client is very saddened by the occurrence of the incident and suffers from remorse of conscience although he has no fault.
10- Our client is married and has three children and has a fixed residence. He works as a driver in ………. Municipality. Evidence has been collected and it is not possible to destroy and obscure the evidence.
CONCLUSION OF THE REQUEST :
For the reasons stated above and taking into account the content of the investigation document, the fact that the arrest is a precautionary measure, the way the accident occurred and the fault situation, we request that the arrest decision be lifted in order not to cause victimisation of our client and his family and that our client be released on bail or on bail that your Court deems appropriate.
DEFENDANT’S ATTORNEY
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