Request For Decision Of Non-Jurisdiction
What is a Decision of Lack of Jurisdiction?
If the court concludes that it has no jurisdiction as a result of its examination of the duty, its decision is called a decision of non-jurisdiction. In this decision, the court must declare which court is in charge. It also decides to send the file to the competent court. It is not possible for the court to send the case file to the competent court on its own, it only decides on this issue.
Regulations on jurisdiction are found in the Code of Civil Procedure No. 6100. The court’s decision on the lack of jurisdiction is a final procedural decision and the court dismisses the case with this decision.
Rules on Jurisdiction
The rules of jurisdiction are of public order and the jurisdiction of the court is a condition of litigation. The parties may not change the court of jurisdiction through an agreement between them, and may not conclude a duty agreement. The court shall examine the jurisdiction at every stage of the case on its own. The parties may also object to jurisdiction at any stage of the proceedings.
Request for Decision of Non-Jurisdiction
… JUDGESHIP OF THE COURT OF FIRST INSTANCE
FILE NO : …/… E.
ACCUSED :
DEFENDANT :
CRIME : Crime of Bringing Prohibited Items into an Execution Institution or Detention Center.
SUBJECT : It consists of our request for a decision of non-jurisdiction.
EXPLANATIONS
1-) Our client went to the prison on …/ …/ … to visit his relative … … … who is convicted in … Prison, and during the body search conducted during the entrance to the prison, he was caught trying to bring powdered cannabis, which is one of the narcotic substances, into the prison in cigarette packets and a lawsuit was filed against him with the indictment numbered … prepared by the … Public Prosecutor’s Office with the allegation that he committed the crime of bringing prohibited items into the execution institution or detention center.
2-) In view of the fact that the actions of our clients described in the indictment can be characterized as the crime of <delivering narcotics to others> stipulated in paragraph 188/3 of the Turkish Penal Code No. 5237, and in accordance with Article 297/1 of the same Law, in the event that the procurement or possession of the item brought into the prison constitutes a separate crime, the provisions of intellectual aggregation should be applied, it is necessary to make a decision of non-jurisdiction since the duty to evaluate the evidence and to characterize the crime belongs to the Assize Court.
3-) For the reasons explained above, it has become necessary to apply to your court due to the necessity of making a decision of non-jurisdiction and sending the file to the assigned heavy criminal court.
LEGAL GROUNDS : Art. 188, 297 of the Penal Code 5237, Art. 5 of the Penal Code 5271
CONCLUSION AND REQUEST
For the reasons explained above, we respectfully request on behalf of our client that a decision of non-jurisdiction be made in the file numbered …/ … E. filed against our client in your court and that the file be sent to the assigned heavy criminal court. …/ …/ …
Defendant Counsel