Objection To The Decision Of No Jurisdiction In The Crime Of Information Theft
… JUDGESHIP OF THE COURT OF FIRST INSTANCE
FILE NO : …/ … E.
THE PLAINTIFF :
DEFENDANT :
CRIME : Information Theft Crime.
SUBJECT : It consists of our objection to the decision of non-jurisdiction.
EXPLANATIONS
1-) …/ …/ … on …/ …/ …, the complainant … who waited in front of the money payment machine of … Bank … Branch and came to withdraw money by squeezing a playing card into the machine beforehand … … ‘s ATM card got stuck and after learning the password of the complainant under the pretext of helping the complainant, convincing the complainant to leave after learning the password of the complainant, and after his departure, using the card he took out and withdrawing … TL from the account of the complainant, a public case was filed against our client with the file numbered …/ … E. in your court for the crime of information theft. A public lawsuit was filed with the file numbered …/ … E..
2-) In the trial held by your court on …/ …/ …, it was concluded that the act committed constituted the crime of qualified fraud, not information theft, and the file was sent to the … Assize Court, which was considered to be in charge, by issuing a decision of non-jurisdiction.
3-) The Criminal General Assembly of the Court of Cassation, with its decision dated 26.02.2008 and numbered 2008/11-17 E. 2008/38 K. in a similar case; resolved the conflict of jurisdiction between the Criminal Court of First Instance and the Assize Criminal Court by lifting the decision of the Criminal Court of First Instance’s lack of jurisdiction.
4-) Considering the above case law; it has become necessary to apply to your court for the acceptance of our objection to the decision of non-jurisdiction given by your court and to proceed to the examination of the merits of the matter.
LEGAL GROUNDS : Article 142, 158 of the Law 5237, Article 5, 267, 268 of the Law 5271
CONCLUSION AND REQUEST
For the reasons explained above, we respectfully request on behalf of our client that our objection to the decision of non-jurisdiction in the file numbered …/ … E. filed against our client in your court be accepted and a decision be made to proceed to the merits of the matter. …/ …/ …