Negligent Injury Crime Defense Petition Sample
… CRIMINAL COURT OF FIRST INSTANCE
FILE : 2020/.. E.
DEFENDANT :
ATTORNEY :
THE PARTICIPANT :
ATTORNEY :
SUBJECT : Petition for declaration
EXPLANATIONS :
We are the attorney for the defendant in accordance with the attached power of attorney.
1-In the public case filed against the client with the file numbered 2018/… E. of the Criminal Court of First Instance for the crime of Causing Injury to a Person with Negligence. E., your court has decided to sentence the client to a judicial fine of 3.360 TL. Upon the appeal of this decision by the participant’s attorney, … Regional Court of Appeals … Criminal Chamber…/./2020 dated 2020/… E. – 2020/… K. dated 2020././2020, on the grounds that the file must be “re-evaluated in terms of Simple Trial Procedure”, the Criminal Court of First Instance’s 2018/… E. – 2019/.. K. numbered decision was decided to be REVERSED.
2-The accident subject to the case occurred on 16.04.2018, when the client was driving in the direction of Liman Mahallesi Akdeniz Boulevard with his vehicle on 16.04.2018, the participant Gülşat YÜCEL suddenly stepped in front of the client with her bicycle.
3- Although it is mentioned in the expert report dated 04.01.2019 and the Forensic Medicine report dated 28/08/2019 that the client is at secondary fault regarding the incident subject to the lawsuit, we do not agree with the reports issued in this respect. The client fulfilled his duty of care and attention at the time of and before the accident. Therefore, he has no fault in the incident.
In the decision dated 26.12.2019 given by your court in this regard, it was accepted that the participant was at primary fault with the reasoning that “…as a result of the participant coming to the pedestrian crossing by cruising over the berm and trying to cross to the opposite side of the road CONTROLLESSLY with the maneuver of turning to the left side from a short distance, the automobile under the direction of the defendant driver coming from the left behind blocked the direction of travel and caused the accident …”. As it will be noted, it is accepted by both the reports and your court that the participant’s left turn movement was uncontrolled and unpredictable by the client. As such, it is wrong to attribute fault to the client, considering that the client slowed down within the legal limits due to the fact that the client approached the pedestrian crossing while traveling with the vehicle and focused all his attention on the road, and the participant entered the road uncontrollably by not showing the necessary attention and care. It should be decided for the BERAATİNE of the client who has no intent and fault in the occurrence of the accident.
4- If your court is of the opposite opinion; the client has no fault in the occurrence of the accident subject to the lawsuit. In addition, the damage caused by the accident was caused by the participant’s own fault. As such, the client has no obligation to compensate the damages suffered by the participant. Therefore, there is no harm in applying the HAGB provisions about the client.
5- In line with all these reasons we have explained, the 3.360 TL ADMINISTRATIVE MONEY SENTENCE imposed by your court against the client should be lifted and the client should be acquitted. If your court is of the opposite opinion, the decision of the 11th Criminal Chamber of the … Regional Court of Appeals
../../2020 dated 2020/… E. – 2020/.. K. dated .././2020 and other favorable legal provisions.
CONCLUSION AND REQUEST : For the reasons that we have explained in detail above and that will be taken into consideration ex officio, we request that the PRIVATE MONEY SENTENCE imposed on the client be lifted and the client be acquitted, otherwise, the 11th Criminal Chamber of the … Regional Court of Appeals dated …/…2020 dated 2020/… E. – 2020/.. K. numbered decision of the 11th Criminal Chamber of the Regional Court of Appeals dated 2020/../..2020, HAGB and other favorable legal provisions. Saygılarımızla.09.02.2021
Att.
You can access our other article examples and petition examples by clicking here.