Objection To Jurisdiction In Criminal Case
… CRIMINAL COURT
FILE NO : …/ … E.
DEFENDANT :
PLAINTIFF :
CRIME :
SUBJECT : Jurisdiction Objection.
EXPLANATIONS
1-) A public lawsuit was filed against our client for the offense of … in your court with the acceptance of the …/ …/ … Preparation file of the … Public Prosecutor’s Office on …/ …/ … date.
2-) In Article 12 titled “Competent Court” of the Criminal Procedure Law No. 5271;
“(1) The competence to hear the case belongs to the court where the crime is committed.
(2) In the attempt, the court where the last executive act is made, in continuous crimes, the court where the interruption occurs and in chain crimes, the court where the last crime is committed is competent.
(3) If the crime is committed with a printed work published in the country, the competence belongs to the court of the place where the work is published. However, in the event that the same work is published in more than one place, if the crime occurred in the edition of the work outside the center of publication, the court of the place where the work was published is also competent for this crime.
(4) In the crime of defamation, the investigation and prosecution of which is subject to complaint, if the work is distributed in the place of residence or residence of the victim, the court of that place is also competent. If the victim is under arrest or convicted outside the place where the offense was committed, the court of that place shall also be authorized.
(5) The provision of the third paragraph of this article shall also apply to visual or audio broadcasts. If the audiovisual broadcast is heard or seen in the place of residence and residence of the victim, the court of that place shall also be authorized.” ,
Article 18 of the same Law titled “Claim of Lack of Jurisdiction”;
“(1) The defendant notifies the claim of lack of jurisdiction before the interrogation of the defendant at the hearing in the courts of first instance, before the commencement of the examination in the regional courts of justice and before the reading of the examination report in trial proceedings.
(2) The decision on the claim of lack of jurisdiction shall be rendered before the interrogation of the defendant in the courts of first instance, immediately at the beginning of the examination in non-hearing proceedings in the regional courts of justice and before the reading of the examination report in trial proceedings. No claim of lack of jurisdiction can be made after these stages, nor can the courts decide on this issue ex officio.
(3) An objection can be filed against decisions of lack of jurisdiction.”
3-) In accordance with the provisions of the legislation we have explained, we request that our objection of lack of jurisdiction be examined without proceeding to the interrogation of our client.
LEGAL GROUNDS : 5271 S. K. art. 12, 18 and related legislation
CONCLUSION AND REQUEST
For the reasons explained above, we respectfully request on behalf of our client that our objection to jurisdiction be accepted and your court be ruled to be without jurisdiction. …/ …/ …
Defendant Counsel