PRESIDING JUDGE OF THE CRIMINAL COURT;
DEFENDANT FILING THE APPEAL:
Attorney:
THE DECISION SUBJECT TO APPEAL IS AS FOLLOWS: … The decision of the Criminal Court dated …/…, case number …/…, and decision number …/….
SUBJECT: Our objections to the decision of the … Criminal Court to withdraw the announcement of the 5th Main and Final Decision issued on /…// regarding the defendant.
INSTRUCTIONS:
1-) The decision of the … Criminal Court to withdraw the announcement of the verdict issued at the end of the trial regarding the defendant is not in accordance with legal regulations and the law. That is;
2-) Pursuant to Article 231 of the Criminal Procedure Law No. 5271, the following matters must be decided before the judgment is announced: imposition of a fine or imprisonment for two years or less; if the defendant has previously been convicted of an intentional crime, the court shall decide whether the defendant will commit another crime, taking into account the defendant’s attitude, behavior, and personality traits, and shall reach a conclusion as to whether the defendant will cause harm to the victim or the public. As can be seen, for a decision to be made to revoke the sentence imposed on the defendant, four conditions must be met simultaneously, and the court must evaluate these four conditions and form an opinion.
3-)
Although the sentence was one month and the defendant had not previously been convicted of an intentional crime, the court did not make an assessment as to whether the defendant would commit another crime, taking into account the defendant’s personality traits, attitude, and behavior, and did not assess whether the damage suffered by our client was compensated by committing the crime; furthermore, no justification was given in the judgment in terms of the conditions required by law.
4-) During the hearing, the defendant made threatening statements against our client, which were recorded in the hearing minutes as a result of our insistence. Although the defendant’s disturbing behavior continued in subsequent hearings, we were unable to have it recorded in the hearing minutes. If necessary, the statements of those who attended the hearing and the individuals mentioned can be heard to establish this fact. Therefore, the court did not take the defendant’s attitude into consideration, and no assessment was made in the reasoned decision under the condition that the law aims to “conclude that the defendant will not commit another crime.” This is in accordance with Article 232 of the law. However, it also contradicts the provision of the article.
LEGAL GROUNDS: 5271 PK m. 231, 232.
CONCLUSION AND REQUEST: For the reasons explained above, on behalf of our client, we request that the decision to revoke the judgment against the defendant, issued by the Criminal Court through re-examination, be overturned and that, for the reasons stated in the explanations section, it be determined that “there are no grounds for the judgment” and that the defendant’s conviction be announced within the month. …/ …/ …
Participation ……. Attorney