Postponement Of Execution
Suspension of execution is the postponement of the execution of a prison sentence imposed by the courts. In the case of a stay of execution, the imprisonment sentence will not be carried out for a certain period of time and will be postponed.
Postponement of execution should not be confused with postponement of imprisonment.
Postponement of imprisonment is the decision of the court to postpone the imprisonment sentence not exceeding 2 years (3 years for persons under the age of 18 and over the age of 65) for persons who have not been sentenced to imprisonment for more than 3 months for an intentional crime. However, the postponement of execution is the postponement of the implementation of a finalized prison sentence within the scope of the Execution Law.
ALANYA REPUBLIC ATTORNEY GENERAL’S OFFICE
POSTPONEMENT OF EXECUTION
DEFENDANT-APPELLANT :
DEFENDANT
ADDRESS :
CRIME :
SUBJECT : It is about our request for postponement of execution of sentence.
EXPLANATIONS :
1-) …. He was sentenced to 5 months imprisonment and 1200.00 TL judicial fine with the decision of the Criminal Court of First Instance numbered …/….
Hospital by ambulance. He was treated for 2 weeks at … Hospital. (Due to dialysis as a result of kidney failure and psychological trauma) When no response was received to my treatment, he was transferred to … Hospital at the end of 2 weeks.
3-) 3 weeks before the accident, he learned that he had psychological problems, that he was extremely forgetful, that he often had difficulty finding his way home, and that he could not behave properly in family communication after being discharged by his relatives.
4-) While all these processes were taking place, the above-mentioned …/… numbered decision of the Criminal Court of First Instance was finalized and notified to the client, but since he suffered from psychological and physical disorders, he could not remember the notification made to him. Therefore, he could not pay the fine and could not apply to the necessary authorities for the execution of the prison sentence.
5) The client has to be dependent on a dialysis machine for a while as a result of the treatment he received and can meet his own self-care needs with help. Due to his physical condition and illness, there is no danger to public safety and health. For this reason, in accordance with Article 16/6 and Article 16/3 of the Execution Law No. 5275, it has become necessary to request the postponement of his execution for a period deemed appropriate by your authority or until his ailments improve.
LEGAL REASONS : 5275 S. K. art. 16/3, 16/6.
REQUEST AND CONCLUSION : For the reasons explained above, by examining the documents submitted in the annex of the petition, by referring the client to the Forensic Medicine Institution or the health boards of a full-fledged hospital determined by the Ministry of Justice, determining the current ailments and determining whether these ailments will prevent the prison conditions and the execution of the sentence, in accordance with Articles 16/6 and 16/3 of the Execution Law No. 5275, I respectfully request the postponement of the sentence binding the freedom until the recovery of the illness or for a period of time deemed appropriate by your authority or until the recovery of the illness and the penalty of working in a publicly useful job, or in return for a cash bail deemed appropriate by your authority. ../../..
Defendant Defense Counsel
APPENDICES:
1) The decision of the … Criminal Court dated …/…/…/… dated …/… E. …/… K. numbered …/…
2) Reports showing hospital treatments.
3)Call Sheet