Request For Revocation Of Probation Decision.
What is Probation?
It is an alternative punishment and execution system in which all kinds of services and resources are provided in order to improve and reintegrate the suspect, defendant or convict into society by supervising and following them in the community during the trial period determined by the law.
What are the Conditions of Probation?
1- The convict who wants to benefit from the Law on Probation must be executed in an open penal institution:
In order for the convict to benefit from this, this condition will be fulfilled if his/her sentence is executed in an open penal institution or if he/she continues to stay in a closed penal execution institution due to reasons beyond his/her control despite being entitled to execution in an open penal execution institution.
2- One Year or Less to the Conditional Release of the Convict:
In Article 105/A of the Law on the Execution of Criminal and Security Measures, upon the request of well-behaved convicts who have one year or less remaining until the conditional release of the convict due to the purposes of the probation institution, the execution of the part of their sentences until the date of conditional release by applying probation measures is decided by the execution judge at the location of the Chief Public Prosecutor’s Office, which carries out the procedures regarding the execution of the sentence, taking into account the evaluation report prepared by the penal execution institution administration.
3- Good behavior of the convict:
The time spent by the convict in the Open Penal Execution Institution must be spent in good behavior. The authority to decide on this is the administration and observation board established by the Penal Execution Institution. In conditional release, the good behavior of the person is not determined, and the absence of disciplinary punishment of the convict will create a presumption about the good behavior of the convict.
4- Request of the Convict:
The convict who fulfills the conditions mentioned above must make a request in order to benefit from probation. The request for the application of the probation penalty execution procedure must be submitted to the Penal Execution Institution with a petition. The execution judge may decide to accept or reject the request based on the convict’s good behavior and the evaluation report. If the request is rejected, the convicted person may file a complaint against the execution judge within fifteen days and in any case within thirty days from the date he/she learned about this action.
REQUEST FOR REVOCATION OF PROBATION ORDER
……………………………..’ WHAT;
FILE NO : …/… E.
DEFENDANT :
ATTORNEY :
SUBJECT :
EXPLANATIONS :
1-) About our client ….. Criminal Court dated …/…/…/… and numbered …./…. E. …./… K. numbered file and …… numbered probation decision, which was executed by your Directorate, was lifted with the decision dated …/…/…/… upon failure to comply with the obligations. (ANNEX-1)
2-) The reason for our client’s failure to comply with these obligations is the severe brain trauma he suffered on …/…/…/… date, and the hospital and doctor’s reports on this subject are attached to our petition. (ANNEX-2)
3-) For the stated reason, we request the decision to be re-examined in line with this excuse on behalf of the client. …/…/…
ANNEXES:
1-) … Court …./…. E. …./… K. numbered file
2-) …. Dated doctor and hospital reports.
3-) One approved power of attorney sample
Convicted Counsel