PRESIDENCY OF THE HEAVY CRIMINAL COURT;
ACCUSED :
DEFENDANT :
DATE AND DATE OF DECISION :
SUBJECT : We Request Renewal of the Trial.
INSTRUCTIONS :
1-) My client was sentenced to one year imprisonment for the crime of … by the decision of your above-mentioned court, the date and number of which was finalized and approved by the Presidency of the Criminal Chamber. / … basis and … / … Decision.
2-) Our application to the European Court of Human Rights against the verdict, which was issued in violation of Article 6 of the Code of Criminal Procedure, was concluded by the European Court of Human Rights on 10/10/2008 and it was determined that it was issued in violation of Article 6 of the Law on Human Rights and Fundamental Freedoms.
3-) According to Article 311/f of the Code of Criminal Procedure No. 5271, my client should be retried. However, considering the duration of my client’s stay in prison, it is also necessary to decide on the postponement of execution.
EVIDENCE: ECHR Decision No. 1 on Article 311 of the Code of Criminal Procedure No. 5271.
Conclusion and Request : For the reasons we have explained above, since our client will be victimized due to the stay of execution of the finalized judgment against him, we respectfully request that a judgment be issued for the acquittal of our client due to the stay of execution due to the stay of execution due to the accepted convictions and the request for retrial due to the revoked convictions, and for the annulment of the decision to be published in the Official Gazette on behalf of our client. …/…/…
Defenses of the Accused