Sample Petition Requesting Eviction
According to Article 107, paragraph 2 of the Law No. 5275 on the Execution of Sentences, in order to benefit from parole, the convict must spend a certain period of time in prison. The time the convict must spend in prison is calculated according to the nature and amount of the prison sentence. The general execution rate in criminal law is 1/2.
Sample Petition Requesting Eviction
REPUBLIC ATTORNEY GENERAL’S OFFICE
CONVICTED :
ATTORNEY :
CRIME :
SUBJECT : It consists of our request for the execution of the sentence against our client to be postponed
EXPLANATIONS :
1-) A public case was opened against our client on …/ …/ … date …/ …/ … with the acceptance of the …/… Preparation No. file (ANNEX-1) of the …/… Public Prosecutor’s Office with the file no. …. …… Court …/…. E. numbered file, a public lawsuit was filed for the offense of … and on …/ …/ … date, with the decision (ANNEX-2) numbered …/… k. ……. Our client has been sentenced to imprisonment for a year and for the execution of this sentence, our client has been in ………….. since …/…/… He is in prison. (ANNEX-3)
2-) Our client has completed ….. years of the sentence …. of the attached …… Hospital …… As can be seen in the report (ANNEX-4) given by the medical board and approved by the Forensic Medicine Institution, our client has ………………….. disease.
3-) In Article 16 of the Law No. 5275 on the Execution of Criminal and Security Measures titled “Postponement of the execution of the prison sentence due to illness”,
“The execution of the sentence of the prisoner who cannot maintain his life alone under the conditions of the penal execution institution due to a severe illness or disability he has suffered and who is evaluated not to pose a grave and concrete danger to public safety may be postponed until he recovers according to the procedure determined in the third paragraph.”
4-) In the opinions section of the medical report, it is explained that it is not possible for our client to maintain his life on his own due to the disease he has caught, that he is in constant need of a person’s care, and it is stated that his treatment can only give positive results if such a life opportunity is provided.
5-) For the reasons explained, the execution of the sentence of our client, who suffered from severe illness, can be
and the evacuation of the property has become necessary.
LEGAL GROUNDS : 5275 S. K. Art. 16, 17, 18.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the execution of the sentence of our client, who is seriously ill, be postponed and his release be decided. …/ …/ …
ANNEXES 1-)… Public Prosecutor’s Office file with the preparation number …/…
2-) …. …… Court …/…. E. …/… K. numbered decision
3-)………….. Prison records
4-)…… Hospital’s …. The report issued by the medical board and approved by the Forensic Medicine Institution
Convicted Counsel