Objection To The Decision On Suspension Of The Explanation Of The Judgment
ALANYA HEAVY CRIMINAL COURT PRESIDENCY;
THE APPELLANT-DEFENDANT:
ATTORNEY :
DECISION SUBJECT TO OBJECTION : The decision of the … Criminal Court dated …/…/…/…, numbered …/… Main and …/… Decision.
SUBJECT : This is our petition containing our objections to the decision of the … Criminal Court of …/…/…/… on …/…/…/… dated …/…/… regarding the defendant … … …
OUR OBJECTIONS
1-) The decision of the … Criminal Court to defer the announcement of the verdict against the defendant … … on …/…/… at the end of the trial for the crime of … … is not in accordance with the legal regulations and the law and it is not possible for us to agree with this decision. Namely
2-) According to Article 231 of the Code of Criminal Procedure No. 5271 According to Article 231 of the Code of Criminal Procedure No. 5271, in order to decide to defer the announcement of the verdict; the sentence imposed must be imprisonment for two years or less or a judicial fine, the defendant must not have been convicted of an intentional crime before, the court must come to the conclusion that the defendant will not commit a crime again, taking into account his personality traits and his attitude and behavior in the trial, and the damage caused to the victim or the public by the commission of the crime must be completely eliminated by restitution in kind, restoration to the state before the crime or compensation.
As can be seen, in order to decide to defer the announcement of the verdict against the defendant, four conditions must coexist and the court must form an opinion by making an evaluation in terms of these four conditions.
3-) Although the sentence imposed is … years and … months and the defendant … … has not been convicted of an intentional crime before, the court has not made an assessment as to whether it has been concluded that the defendant will not commit a crime again, taking into account the defendant’s personality traits and his attitude and behavior at the trial, and whether the damage suffered by our client by committing the crime has been compensated, and no justification has been put forward in the judgment in terms of these conditions sought by the law.
4-) The defendant also … … made threatening statements against our client at the hearing dated …/…/… during the trial and this situation was recorded in the trial record as a result of our insistence. Although the disturbing behaviors of the defendant continued in the following hearings, it was not possible for us to record them in the minutes of the hearing. If necessary, the persons named … … and … … who were present during the hearing can also be listened to in order to determine this fact. While this was the case, the honorable court did not make these attitudes of the defendant a subject of evaluation, and no evaluation was made in the reasoned decision regarding the condition of “reaching the conviction that the defendant will not commit a crime again” sought by the law. This situation is also contrary to the provision of Article 232 of the law.
LEGAL GROUNDS : Art. 231, 232 of the 5271 S. Code.
CONCLUSION AND REQUEST
For the reasons we have explained above, we hereby request on behalf of our client to re-examine the judgment of the … Criminal Court and to revoke the decision to defer the announcement of the verdict given against the defendant … … for the offense of … and to decide that “there is no need to defer the announcement of the verdict” for the reasons mentioned in the explanations section and to announce the … month sentence given against the defendant. …/ …/ …
Intervener ……. Representative