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Request To Appeal The Arrest Warrant

Request To Appeal The Arrest Warrant

 

TO THE SERİK PEACE CRIMINAL COURT,

Interrogation File No. : …/…

OBJECTION TO THE DETENTION ORDER

OBJECTING SUSPECT : TC No:

DEFENSE ATTORNEY :

DATE OF DETENTION :

OUR STATEMENT

1-) My client, the suspect, was arrested on …/…/….. pursuant to the arrest warrant issued by your court based on the investigation file number indicated above.

2-) Considering my client’s statements and the evidence in the file, it is clear that the material and moral elements of the crime of … under the provisions of the Turkish Criminal Code (TCK) attributed to my client do not exist.

3-) Moreover, the conditions stipulated in Article 100 of the Criminal Procedure Code No. 5271 for the arrest of my client have not been met. First of all, there is no ‘strong suspicion’ that the act in question was committed by my client. Furthermore, my client is a businessperson who owns a workplace, has a family and a permanent residence, and is a well-known figure in his community. He is not in a position to attempt to flee and/or destroy or conceal evidence during the investigation phase.

4-) For the reasons explained above, it has become necessary to object to the aforementioned arrest decision with this petition.

LEGAL GROUNDS: Articles 100 and 101 of Law No. 5271.

CONCLUSION AND REQUEST: For the reasons explained above, we request, on behalf of our client, that the arrest warrant against the suspect be lifted and that he be released. …/…/…

Defense Attorney for the Suspect

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