HAGB Appeal Petition
……..PRESIDENCY OF THE HEAVY CRIMINAL COURT
To Be Sent
……… TO THE JUDGE OF THE ORDINARY CRIMINAL COURT
File No: 2022/… Main
Accused :
Defence Counsel : Av. ……..
Subject :
……. This is the presentation of our objections to the decision of the Criminal Court of First Instance to defer the announcement of the verdict numbered 2022/… Main and 2022/… Decision numbered 2022/… given by the Criminal Court of First Instance on …/…/2022.
Explanations :
……… The sentence and the decision to defer the announcement of the verdict against our client in the trial held against our client for the offence of theft through the file numbered 2022/… of the Criminal Court of First Instance is contrary to our legal regulations and the law.
Our client has no intent to commit an offence. In Article 21 of the Turkish Penal Code, intent is defined as “knowing and intending to commit the elements in the legal definition of the offence”. Therefore, according to the regulation of our law, for the existence of intent, the perpetrator must both have knowledge in terms of the elements in the legal definition of the offence, i.e. know and want these elements to be realised. In other words, in order for the perpetrator to be considered to have acted intentionally, he must make a conscious decision that contains the material elements of the offence. In the concrete case, our client did not act with the intent to steal. Therefore, the elements of the offence did not occur.
.
With the indictment subject to the case before us, it is requested that our client be punished only on an assumption. However, in criminal law, a conviction cannot be based on an assumption or possibility. In the absence of conclusive and convincing evidence that the defendant has committed a crime, the principle of benefit of the doubt must be applied and a verdict of acquittal must be given. As a matter of fact, this is also the opinion of the Supreme Court of Appeals.
In the light of all the explanations, it is obvious that this offence did not occur in the incident subject to trial since our client did not intend to commit a crime. For this reason, it has become necessary to object to the sentence and the decision to defer the announcement of the verdict given about our client in the file numbered 2022/… of the …….. Criminal Court of First Instance.
Conclusion and Request :
For the reasons explained and explained, we object to the decision of the Silivri Criminal Court of First Instance against our client and the decision to defer the announcement of the verdict. We respectfully request your court to overturn the said judgement. …/…/2022
Defence Counsel
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