Sample Petition For Objection To Term Sheet
WHAT IS A TERM SHEET?
The term sheet is a document containing information about the finalized prison sentences or fines converted into imprisonment by the court.
In the term sheet; the name and surname of the convict whose sentence has been finalized, the basis and decision number of the court, the surveillance and detention information, the date of the crime and the name of the crime, the date of entry into the penal execution institution, the date of conditional release from the penal execution institution, the date of release of the convict.
The term sheet is prepared in the provincial execution office or execution offices to which the court is affiliated. The calculation of the term sheet is made by the public prosecutor responsible for these offices. After the term sheet is prepared, it is signed by the minutes clerk and the public prosecutor. This document is hand-delivered to the convict against signature.
In case there is an error in the time limit; an objection petition should be submitted to the Chief Public Prosecutor’s Office, which prepared the time limit, stating that the time limit is incorrect. If an error is detected as a result of the term sheet examined by the Prosecutor’s Office, this error is corrected, otherwise the objection is rejected.
The most important issue in the calculation process is the date of the crime. According to the date of the crime, the discount rates vary.
EXAMPLE OF AN OBJECTION PETITION
TO THE … CRIMINAL COURT
OBJECTOR
(CONVICTED) :
DEFENSE
ADDRESS :
SUBJECT : It consists of our objection to the sentence.
EXPLANATIONS :
1-) During the execution of the sentence of imprisonment of … years … months imposed on the convicted person with the judgment of your court for the crime of …, the date of conditional release …/…/… and the date of release on merit …/…/… was stated as …/…/…. in the term sheet issued by the Public Prosecutor’s Office.
2-) Our client was released on probation on …/…/…/… date and was taken into custody on …/…/…/… date for the offense of … during the probation period and on …/…/… date and was detained in … Prison for … months and … days. Due to this offense committed deliberately, the conditional release decision issued for our client was revoked and it was decided to execute the period from the date of the crime until the date of release in full.
3-) According to the …/…/…/…dated …/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…
4-) It is a requirement of the Turkish Penal Code that the period of … months and … days, which caused the restriction of our client’s freedom, be deducted during the execution of your court’s judgment. On this basis, it has become necessary to apply to your court to change the release date as …/…/…/… by rearranging the time limit issued for our client.
LEGAL GROUNDS : 5237 S. K. art. 7; 5275 S. K. art. 107, 108.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request that our objection be accepted and that the date of release on bona fide release specified in the time sheet issued by the Public Prosecutor’s Office for our client be changed to …/…/…. …/…/…
Convicted Counsel
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