… TO THE CRIMINAL COURT
FILE NO.: …/ … E.
suspect:
defense:
CRIME :
SUBJECT : The Authority Consists of Our Objection.
descriptions :
1-) About our client; On the date of … / … / … By the Public Prosecutor’s Office … /… with the acceptance of the file numbered file, a public case has been opened in your court … for his crime.
2-) 12 of the Criminal Procedure Code No. 5271 entitled “Competent Court”. in the article;
“(1) The authority to deal with the case belongs to the court of the place where the crime was committed.
(2) The court of the place where the last execution was carried out in the enterprise, the court of the place where the interruption occurred in uninterrupted crimes, the court of the place where the last crime was committed in consecutive crimes are authorized.
(3) If the crime was committed with a printed work published in the country, the competent court is the court of the place where the work was published. However, if the same work has been published in more than one place, if the crime occurred during the publication of the work outside the publishing center, the court of the place where the work was published is also authorized for this crime.
(4) If the work is distributed in the residential place or residence of the victim in the offense of defamation, the investigation and prosecution of which depends on the complaint, the local court is also authorized. If the victim has been arrested or convicted outside the place where the crime was committed, the local court is also authorized.
(5) The provision of the third paragraph of this article shall also apply to audio and video broadcasts. If the audio and video broadcast was heard or seen at the residence and settlement of the victim, the local court is also authorized.”
18 Of the same Law entitled “Alleged Incompetence”. in the article;
“(1) The accused submits the claim of dereliction of duty before he is questioned at the hearing in the courts of first instance, before the start of the examination in the district courts of justice, and before the reading of the examination report at the hearings.
(2) The decision on the claim of dereliction of duty is made before the interrogation of the accused in the courts of first instance, at the beginning of the examination in the cases without trial in the district courts, and before the reading of the examination report in the cases with trial. After these stages, no claim of dereliction of duty can be made and the courts cannot decide on this issue ex officio.
(3) An appeal may be filed against decisions of inadmissibility.”
arrangements are in place.
3-) In accordance with the provisions of the legislation we have announced, we request that our objection to non-duty be examined without the need for questioning by our client.
LEGAL REASONS: 5271 SK m. 12, 18 and related legislation
CONCLUSION AND CLAIM: For the reasons explained above, on behalf of our client, we respectfully request that the authority of your court be decided by accepting our objection to the authority. …/ …/ …
The Defendant’s Lawyer