Sample Petition For Objection Of Jurisdiction
SAMPLE LETTER OF OBJECTION TO AUTHORIZATION
TO THE … CRIMINAL COURT
FILE NO : …/ … E.
THE ACCUSED
DEFENDANT:
CRIME : Bribery (Article 252 of the Turkish Penal Code)
SUBJECT : Jurisdictional Objection.
EXPLANATIONS
1-) About our client; On 01/01/2021, with the acceptance of the Alanya Public Prosecutor’s Office’s file with the preparation number 2021/000000, a public case for bribery was opened in your court.
2-) Since our client lives in Bursa, it is obvious that he will have difficulties in fulfilling the demands of your authority during the investigation and possible prosecution stages. For this reason, the issue of jurisdiction objection has come to the agenda.
3-) Article 12 of the Criminal Procedure Law No. 5271 titled “Competent Court” states
“(1) The jurisdiction to hear the case belongs to the court where the crime was committed.
(2) In the case of an attempt, the court where the last act of execution was committed, in continuous crimes, the court where the interruption occurred and in chain crimes, the court where the last crime was committed is authorized.
(3) If the crime is committed with a printed work published in the country, the jurisdiction shall belong to the court of the place where the work is published. However, in the event that the same work is published in more than one place, if the offense occurred in an edition of the work outside the center of publication, the court of the place where the work was published shall also be competent for this offense.
(4) In the offense of defamation, the investigation and prosecution of which is subject to complaint, if the work is distributed in the place of residence or residence of the victim, the court of that place is also authorized. If the victim is detained or convicted outside the place where the offense was committed, the court of that place shall also be authorized.
(5) The provision of the third paragraph of this Article shall also apply to visual or audio broadcasts. If the audiovisual broadcast is heard or seen in the place of residence and residence of the victim, the court of that place is also authorized.”
3-) In accordance with the provisions of the legislation we have explained, we request that our objection of lack of jurisdiction be examined before proceeding to the interrogation phase against our client.
LEGAL GROUNDS : Article 12, 18 of the 5271 S. Code and related legislation
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request, on behalf of our client, that our objection to jurisdiction be accepted and your court be declared without jurisdiction. …/ …/ …
Defendant Counsel
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