Offsetting Time Spent In Detention
TO THE … CRIMINAL COURT
File No: …/…
DEDUCTION FROM PENALTY
THE DEFENDANT-APPELLANT :
ATTORNEY:
SUBJECT : My client’s complaint was filed on the date of ./../.. Date ….. The … day period during which my client was arrested for the crime; … consists of a request to offset the … criminal court’s … /…/…/… date from the conviction decision against my defendant client.
EXPLANATIONS :
1-) The defendant, who is my client, was arrested on …/…/…/… date for a period of … days due to the offense of …; As a result of the ongoing trial, an acquittal decision was given against the client defendant. Subsequently, my client was sentenced to … years of imprisonment for the offense of … on …/…/…/… by the … Criminal Court. The file is at the stage of the Court of Cassation due to the fact that an appeal request was made on …/…/… about the decision in question.
2-) As stated in Articles 40 of the repealed Turkish Penal Code No. 765 and 63 of the Turkish Penal Code No. 5237, it is stated that it will be sufficient for another crime or crimes to be committed before the finalization date of the decision given for the crime for which the person is arrested in order to make the offsetting process.
3-) As a matter of fact, in the decision of the Criminal General Assembly of the Supreme Court of Appeals Unification of Jurisprudence dated 06.03.1940 and numbered 1940/5 Main and 1940/68, it was stated that <The period of imprisonment of an acquitted person for the crime of which he was acquitted should be deducted from the period of punishment given for the other crime he committed before the acquittal decision became final>.
4-) Due to the above-mentioned provisions of the legal legislation and the decision of the Criminal General Assembly of the Supreme Court of Appeals Unification of Jurisprudence, the period of detention, which occurs before the finalization of the verdict and which results in the limitation of personal freedom …. The daily detention period must be deducted from the imprisonment sentence. For these reasons we have explained, it has become necessary to write this petition for deduction from the sentence.
LEGAL GROUNDS : 5237 S. Code Art. 63, 765 S. Code Art. 40
CONCLUSION AND REQUEST : For the reasons we have explained above, we respectfully request on behalf of my client that the periods of detention of my defendant client be deducted from the conviction sentence of your Court dated …/…/….. …/…/…
Defendant Counsel