Appeal Against Detention Under Observation
Observation
The institution of observation is regulated in Article 74 of the Code of Criminal Procedure. According to this regulation, it is necessary to find out whether the suspect or defendant who is under strong suspicion of committing the crime is mentally ill, and if so, how long he or she has been mentally ill. For this examination to be carried out within the criminal law system, first of all, an expert physician must make a recommendation on this matter and upon this recommendation, the judge or court must decide to examine the defective capacity of the suspect or defendant in an official health institution. This examination is limited in duration. The period of observation may only be three weeks, and may be extended up to three months upon the request of the official health institution. Due to its characteristic of restricting fundamental rights, the institution can be characterized as a protection measure.
TO THE … … CRIMINAL COURT
FILE NO : …/ … E.
DEFENDANT :
PLAINTIFF :
CRIME :
SUBJECT :
EXPLANATIONS
1-) A public lawsuit was filed against our client on …/…/…/… on …/…/… date with the acceptance of the …/…/… Preparation file of the …/… Public Prosecutor’s Office.
2-) At the hearing of your court dated …/…/…/…, it was decided to obtain a report from the … … Hospital Health Board to determine whether our client is mentally ill, if mentally ill, how long he has been ill and its effects on the person’s behavior, and it was ruled that our client be placed under observation until the report was received. However, there is no legal reason that requires our client to be placed under observation while a report on whether our client is mentally ill is obtained. Moreover, there is no expert physician’s opinion that our client should be placed under observation.
3-) For the reasons stated above, it has become necessary to apply to your court against the decision to place our client under observation.
LEGAL GROUNDS : 5271 Art. 74, 267, 268
CONCLUSION AND REQUEST
For the reasons explained above, we respectfully request on behalf of our client that our objection against the decision to place our client under observation be accepted and that the decision to place our client under observation be lifted. …/ …/ …
Defendant Counsel
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