Sample Petition For Objection To The Decision On Suspension Of The Explanation Of The Judgment
……… TO THE PRESIDENCY OF THE HEAVY CRIMINAL COURT
To Be Sent
…………… TO THE JUDGE OF THE COURT OF FIRST INSTANCE
File No: 2021/… Main
Accused :
Defendant : ………….
Subject :………. This is the presentation of our objections to the decision of the Criminal Court of First Instance on …/…/2021 to defer the announcement of the verdict numbered 2021/… Main and 2021/… Decision.
Explanations :
………. The sentence and the decision to defer the announcement of the verdict against our client in the trial held against our client for the crime of theft through the file numbered 2021/… of the Criminal Court of First Instance is contrary to our legal regulations and the law.
Our client has no criminal intent. In Article 21 of the Turkish Penal Code, intent is defined as “knowing and willingly committing the elements in the legal definition of the crime”. Therefore, according to the regulation of our law, for the existence of intent, the perpetrator must both have knowledge of the elements in the legal definition of the crime, i.e. know, and want these elements to be realized. In other words, in order for the perpetrator to be considered to have acted intentionally, he must make a conscious decision that includes the material elements of the crime. In the concrete case, our client did not act with the intent to steal. Therefore, the elements of the crime did not occur.
With the indictment subject to the case before us, it is requested that our client be punished only on an assumption. However, in criminal law, a conviction cannot be based on an assumption or possibility. In the absence of conclusive and convincing evidence that the defendant has committed a crime, the principle of benefit of the doubt must be applied and a verdict of acquittal must be given. As a matter of fact, this is also the opinion of the Supreme Court of Appeals.
In the light of all the explanations, it is obvious that this crime did not occur in the incident subject to trial since our client did not have the intent to commit a crime. For this reason …….. It has become necessary for us to object to the sentence and the decision to defer the announcement of the verdict given about our client in the file numbered 2021/… of the Criminal Court of First Instance.
Conclusion and Request :
For the reasons explained and explained …….. We appeal against the sentence and the decision to defer the announcement of the verdict given by the Criminal Court of First Instance against our client. We respectfully request your court to overturn the said verdict. …/…/2021
Defendant Counsel
…………………………….
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