Petition For Objection To Forensic Medicine Report
SAMPLE LETTER OF OBJECTION TO FORENSIC MEDICAL REPORT
TO THE JUDGESHIP OF BURSA () PRIMARY CRIMINAL COURT;
FILE NO : …/… E.
OBJECTING TO FORENSIC MEDICAL REPORT
(accused) : (Tc No:12345678901)
DEFENSE
ADDRESS :
SUBJECT : Our objections to the forensic medical report dated …/…/…
is to be presented.
EXPLANATIONS :
1-) The expert report dated …/…/… dated …/…/… sent by Akdeniz University Forensic Medicine Department is contrary to the procedure and the law, namely
2-) According to Article 7 of the Forensic Medicine Institute Law; “The 4th Specialized Board of Forensic Medicine must consist of 1 chairman, 2 specialists and two specialists for mental health diseases.” Despite the provision, ….. The report given by the President of the Forensic Medicine of the University and the Forensic Medicine Research Assistant, whose specialty is not psychiatry, will be contrary to the procedure and the law.
3-) Although all of the statements given so far at the stages have contradicted, we request that the victim, who has Obsessive Compulsive Disorder, be sent to the 4th Specialization Department of the Forensic Medicine Institution again together with the whole file. Because it would be contrary to the procedure and the law to render a verdict based on the report of the Forensic Medicine Specialization Board, in which the expert of the subject does not participate.
4-) For the reasons we have tried to explain above, we object to the report of the Forensic Medicine Institute.
LEGAL GROUNDS : Articles 62, 63, 64, 65, 66, 66, 67, 68, 69, 70, 71, 72, 2659 S.
m. 7
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, we hereby request and demand that our objections to the Forensic Medicine Institute report dated …/…/… be accepted and that a decision be made to have the report examined again and in a way that includes the issues we have stated in our objections. …/…/…
ANNEXES:
1-) Statements of the victim … ….
Defendant Counsel
………………..
Sample Court of Cassation Decision on Objection to Forensic Medicine Report
COURT : … Regional Court of Appeal 11th Civil Chamber
TYPE OF CASE : Paternity Case
At the end of the trial of the case between the parties, the judgment given by the civil chamber of the district court of justice, dated and numbered above, was appealed by the plaintiff-defendant … for the dismissal of the main lawsuit, the documents were read and discussed:
The main lawsuit is related to the request for judicial determination of paternity. The court appointed a trustee for the minor, notified the case to the Treasury and the Public Prosecutor, and after the parties were established, a DNA report was obtained from the … Forensic Medicine Institution, and it was decided to dismiss the lawsuit in accordance with the report of the … Forensic Medicine Institution dated 09.05.2016 with the opinion that “….’s BIOLOGICAL FATERNITY FOR … was DENIED”. Against this decision, the plaintiff … has applied to the legal remedy of appeal in terms of the dismissal of the main lawsuit, and the regional court of appeal has decided to reject the appeal on the merits.
When the file is examined; the plaintiff-defendant … filed an objection in due time against the forensic medical institution report based on the verdict, and stated in his objection that a DNA sample may have been taken from someone else instead of the defendant-plaintiff …, and that the DNA samples taken after a very long time may affect the result of the report. While the court should obtain a report from the Forensic Medicine Institution again by referring the plaintiff mother …, the minor Pelin Hayat, whose paternity will be established, and the defendant …, who is alleged to be the father, to give DNA samples together at the same time, it was not deemed correct to establish a judgment by being satisfied with this report without meeting the objections made against the expert report, and therefore, the decision had to be reversed.
CONCLUSION : For the reason shown above, it was unanimously decided that the decision of the appealed district court of appeal be reversed, the advance appeal fee be returned to the depositor if requested, and the file be sent to the relevant district court of appeal law department. 16.12.2021