Defense Petition On The Merits
DEFENSE ON THE MERITS
The defense petition is one of the most important petitions in criminal law. In this petition, in which the defendant expresses all his/her objections regarding the crime attributed to him/her, not only the concrete event should be described, but also the jurisprudence appropriate to the case should be added to the petition.
The Public Prosecutor who learns that a person has committed a crime immediately starts the necessary procedures to investigate the material truth. In the investigation phase, the Prosecutor collects evidence both against and in favor of the suspect with the help of law enforcement. As a result of the investigation, the prosecutor who has reached sufficient suspicion that the person has committed the imputed crime issues the indictment and a public case is opened.
The defendant against whom a criminal case is filed must immediately prepare a defense petition and submit it to the file. Although the oral procedure is valid in criminal cases, the defense petition is also extremely important.
… TO THE PRESIDENCY OF THE HEAVY CRIMINAL COURT,
FILE NO : …/… E.
ACCUSED :
DEFENDANT :
SUBJECT : Our Petition Containing Our Defenses on the Merits.
EXPLANATIONS
1-) In the session of your court dated …, as the prosecution has given its closing statement on the merits, our defenses on the merits, which we submitted within the time given to us in the session of the same date, are as follows.
2-) First of all, we would like to state that it is not possible for us to agree with the indictment issued by the prosecution. Namely
Article 252 of the Turkish Criminal Code No. 5237 is a crime that is specific to those who perform public duties as defined in Article 4 of the Civil Servants Law No. 657 and to other officials who are equivalent to these officials by clearly stating in the same article. However, our client, the defendant, is not included in any of these in terms of the duty he is carrying out. We believe that the prosecution has made a mischaracterization in this regard.
3-) Even if the characterization is considered to be correct for a moment, which does not mean an absolute acceptance, the benefit allegedly provided to the defendant client as a bribe is not in the nature of a reward provided to encourage him to fulfill or not fulfill the requirements of his duty and is not in the nature of a reward suitable to fulfill this purpose, but in the nature of a customary gift for the purpose of congratulating him on his new duty. However, no assessment has been made by your court, either directly or through an expert, as to whether this is the case.
4-) Furthermore, the other defendant/defendants, whom he met on the date of the crime and whom he knew before, did not suggest him to fulfill or not fulfill the requirements of his duty in relation to his duty, nor was there any explicit or implicit agreement made with the other defendant/defendants in this way. The other defendant/defendants only asked the client defendant to mediate a meeting they intended to have with the defendant …, who was his superior in the organization in which he served, regarding a matter. In this regard, there was no suggestion made by the client defendant to the other defendant(s) and/or the co-defendant and/or the co-defendant …, nor was there any promise made. Upon this request, the client defendant clearly informed the other defendant(s) that he would talk to the co-defendant, but that he could not make any assessment as to whether such a meeting would be accepted or not. This has been confirmed by the statements of the other defendants and … who was present at the time and was heard as a witness by your court. Therefore, the moral element of the alleged crime has not occurred.
5-) In addition to all these, we would like to state that even if it is thought for a moment that the other defendant/defendants intend to get work done by bribery, the subject targeted in this way is a subject completely outside the defendant client’s definition of duty and authority, and even the out-of-court …, whom the other defendant/defendants want to meet, is not authorized to decide or take action on this issue alone in accordance with business principles and rules. This matter was not investigated as required.
6-) While this is the case, it is not possible to agree with the opinion of the prosecutor’s office, which includes the opinion that the client defendant should be punished in accordance with the relevant article of the law due to the bribery offense attributed to him.
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, I hereby request and demand by proxy that the defendant client be acquitted of the offense of bribery, and if your court reaches the opposite conclusion at the end of the evaluation to be made, that the law articles and legal discount reasons in favor of the defendant client be applied…/…/…
Defendant Counsel
ATTY.
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