Request For Adaptation Proceedings
Adaptation proceedings is a concept that refers to conducting an amendment proceeding in a judgment that has become a final judgment, determining separate results by applying all the relevant provisions of both laws to the event that was considered fixed in the previous judgment without mixing them and comparing them.
The renewal of the trial is a legal remedy applied in case it is understood that there is “new evidence” or “new event” that was not dealt with during the previous trial. The Court of Cassation explains the concepts of “new evidence” or “new event” as follows (YCGK-K.2014/121):
Sample Petition for Request for Adaptation Trial
TO THE PRESIDENCY OF THE … HEAVY CRIMINAL COURT;
PETITIONER
DEFENDANT :
ATTORNEY :
CRIME : Trafficking in narcotics and possession of narcotics for use.
SUBJECT : It includes the request for an adaptation trial
EXPLANATIONS :
1-) Our client was tried on the charge of drug trafficking and possession of drugs for use …/…/… (a date before 01.01.2005), following his referral to the courthouse, through the case file registered in the …/… case file of your honorable court.
2-) At the end of this trial, our client was convicted pursuant to Article 404 of the Law No. 765, and the conviction was confirmed and finalized by the decision of the Court of Cassation dated …/…/…/…dated …/…/…E. …/…/…K. despite our appeal.
3-) Pursuant to Article 191 of the Law No. 5237, which entered into force after the date of the judgment, it is stipulated that the person who buys, accepts or possesses drugs or stimulants for use may be sentenced to treatment and probation measures before being sentenced, and if the person complies with the requirements of the treatment and probation measures, the case will be dismissed.
4-) Considering the crimes for which our client has been convicted, in the face of this amendment, in accordance with Article 7 of the Law No. 5237, it is imperative to re-evaluate and determine the legal status of our client, and as such, it has become necessary to file this adaptation application.
LEGAL GROUNDS : Article 9 of Law No. 5252, Article 404 of Law No. 765, Articles 7, 191 of Law No. 5237 and all other relevant legislation.
LEGAL EVIDENCE : The case numbered …/… E. …/… K. of the … High Criminal Court
file
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, we request by proxy that the provisions of the law in favor of our client be decided to be applied by conducting an adaptation trial. …/…/…
Attorney
……………………
Decision of the Court of Cassation on the Renewal of the Trial for the Compensation of the Compensation of the Victim by Determining the Damage
Although the Cizre Criminal Court of First Instance accepted the fact that the defendants were not warned about the determination and compensation of the institutional damage as a reason for the renewal of the trial following the Court of Cassation’s judgment of confirmation, the request for renewal of the trial was rejected by arguing that this issue cannot be considered as a new event or new evidence within the meaning of Article 311/1-e of the Criminal Procedure Law No. 5271. Failure to collect evidence affecting the merits is one of the reasons for renewal of the trial (7th Criminal Chamber of the Court of Cassation – Decision: 2014/3166).