,
TO THE PRESIDENT
…….
OBJECTION TO DETENTION
DEFENDANT:…….
LAWYERS:…….
OBJECTION FILED
DECISION:…… Criminal Court ../../…. Date and ../…. Mutual Decision No.
SUBJECT: Our Request for Disclosure of the Detention Decision Upon Appeal
EXPLANATIONS: 1-Our client, ………., on ../../…. ………. number, driving the municipality’s official garbage truck with license plate number ………. from ……….., ………….. towards ………….., noticed a person in front of him attempting to move and warned him by honking and slowing down. The person who wanted to move stopped for a moment when they heard the horn, but then suddenly jumped onto the road and crossed it. As there was very little distance between them when they jumped onto the road, our client was unable to prevent the collision despite all their efforts.
2-As can be understood from the Traffic Accident Investigation Report, our client, the defendant, is not at fault for the incident that occurred.
3-
…… 1 Criminal Court of First Instance Criminal Court of Peace ../../…. date and ../…. Investigation Decision No. decided that there was no reason to arrest our client, considering that he had a fixed residence, that the arrest was a precautionary measure, that the accident had occurred, the Traffic Accident Investigation Report, and the fault situation, and decided to release him.
4-However, on the same day, upon the objection of the Public Prosecutor ../…. with file number Hz., the First Degree Criminal Court ../…. Mut. ruled to arrest him in absentia, and he was brought to the competent Criminal Court of Peace. With the Investigation Decision ../…. the arrest warrant in absentia was converted into a maintenance order.
5-The Prosecutor objected to the release of our client ….., appealing the decision of the First Criminal Court …./…. with investigation number; he stated that the statement taken by the Prosecutor’s Office from ………. who was another witness in the case was not included in the documents at that time and that our client was arrested in absentia considering the nature of the crime and the evidence.
6- In his statement to the Prosecutor’s Office, the witness ……… stated that his father was standing in the middle of the road in a way that would not prevent our client from passing, that our client hit his father at high speed, and that he saw this incident from the mirror of his own car, which was stopped.
7-
It is not possible for the witness to have seen all the details of this incident, which occurred in a very short time, from the mirror of his vehicle parked parallel to the road. Upon examination of the Traffic Accident Report, it is clear that the vehicle used by our client was in its own lane. Our client’s vehicle was not traveling at high speed at the time of the accident.
The weather was very bad on the day of the accident, and the road was crowded; traffic was moving at normal speed in a convoy. In his statement during Ramadan, the witness stated that our client did not help him at all and did not even come to the clinic where he took his father. However, our client helped the person he hit as soon as he got out of the vehicle and took him to the clinic. His other friend who was with him also notified the Traffic Police.
8-Traffic Accident Detection Time As stated in the Prosecutor’s Appeal Petition, our client was in the same vehicle as the defendant ……… When the traffic police arrived at the scene, the vehicle involved in the accident was still on the road. After examining the scene, the traffic police requested that the vehicle be removed, and it was subsequently pulled off the road.
9-As stated above, our client is not at fault for the incident. Our client did everything in his power to prevent the incident from occurring, but despite all his efforts, he was unable to prevent it. Although our client is rightly deeply saddened by the incident, he feels remorse.
10- Our client, the defendant, is married, has three children, and has a permanent residence. He works as a driver for the ………. Municipality. The evidence has been collected and cannot be destroyed or concealed.
CONCLUSION OF THE REQUEST:
Considering that the arrest is a precautionary measure, the manner in which the accident occurred, and the circumstances of the fault, and taking into account the reasons given and the content of the investigation file, it is necessary to lift the arrest warrant and release our client on bail, as deemed appropriate by the court, so that our client and his family are not victimized. Thank you.