Additional Defense Petition Sample Due To Theft Crime
What is the Crime of Theft? (TCK 141-142)
The offense of theft occurs when a movable property in someone else’s possession is taken from its place without the consent of the possessor in order to benefit himself or someone else. The crime of qualified theft, on the other hand, punishes more severe legal violations that occur due to reasons such as the presence of a movable property in certain closed places, having a special function, being taken with special skill, being public property, and the use of technology in the crime.
The crime of theft is one of the crimes committed against property values and for the purpose of obtaining an economic benefit. The crime of theft is regulated between Articles 141 and 147 of the TPC.
COMPLAINT, STATUTE OF LIMITATIONS AND RECONCILIATION
All forms of the crime of theft, whether simple or qualified, are crimes that must be investigated ex officio. Since the crime of theft is not among the crimes whose prosecution is subject to complaint, the crime does not have a complaint period. Even in the simplest form of the crime, an investigation can be initiated when a complaint is filed within the statute of limitations of 8 years.
The complainant can become a party to the criminal case by requesting intervention at any stage of the proceedings after the public case is opened. The withdrawal of the complaint does not result in the dismissal of the public case.
The crime of simple theft (Article 141 of the TPC) is one of the crimes that require the application of the reconciliation procedure between the parties. In crimes that are within the scope of reconciliation, the reconciliation procedure must be applied first, both at the investigation and prosecution stages, and if reconciliation is not achieved, the investigation or trial must continue.
The proceedings due to the crime of simple or qualified theft are carried out by the criminal court of first instance.
SAMPLE ADDITIONAL DEFENSE PETITION FOR THE CRIME OF THEFT
…… CRIMINAL COURT …………………
FILE NO : …/… E.
THE ACCUSED
ATTORNEY:
PLAINTIFF:
REPRESENTATIVE :
SUBJECT : Our Petition Containing Our Additional Defenses on the Merits.
EXPLANATIONS :
1-) A lawsuit was filed against our client for the offense of theft …. …. numbered indictment of the Chief Public Prosecutor’s Office, and since our client has been living abroad for many years, he has not been aware of the case and therefore has not had the opportunity to make a defense.
2-) As a result of the trial held in his absence, an arrest warrant was issued for him, and he was arrested when he entered Turkey and sent to prison.
4-) As such, he was living abroad on the date of …/…/…/…when the crime was allegedly committed, and it does not seem possible for him to commit the crime in question.
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, we request, by proxy, that the defendant client be acquitted of the offense of theft, and if your court reaches the opposite opinion at the end of the evaluation to be made by your court, that the law articles and legal discount reasons that are in favor of the defendant client be applied. …/…/…
Defendant Counsel
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