… CRIMINAL COURT
CASE NO: …/ … E.
DEFENDANT:
DEFENSE COUNSEL:
CHARGE:
SUBJECT: Our Objection is Part of the Authority.
INSTRUCTIONS
1-) A public prosecution has been initiated in your court against our client for the crime, with the acceptance of the Prosecutor’s Office / … / … preparatory file on / …/….
2-) Article 12 of the Criminal Procedure Code No. 5271, titled “Competent Court,” states:
“(1) The court where the crime was committed has jurisdiction to hear the case.
(2) The local court has jurisdiction in cases where the last act was committed at the place of business, where there was an interruption in a continuous crime, and where the last crime was committed in a series of crimes.
(3)
If the crime was committed with a printed work published in the country, the competent court is the local court where the work was printed. However, if the crime was committed with a copy of the work printed outside the center of publication and the same work was printed in more than one place, the local court where the work was printed is also responsible for this crime.
(4) If the work was distributed at the victim’s residence or place of settlement, the local court also has jurisdiction in defamation offenses, and the investigation and prosecution are complaint-based. If the victim was detained or convicted outside the place where the offense was committed, the court of that place also has jurisdiction.
(5) The provision of the third paragraph of this article also applies to audiovisual or audiovisual broadcasts. If the audiovisual broadcast was heard or seen at the victim’s residence or place of residence, the local court also has jurisdiction.
In the article titled “Allegation of Unauthorized Use” in Article 18 of the same Law;
“(1)
The defendant shall notify the alleged lack of jurisdiction before being questioned in the first instance court hearing, before the start of questioning in the regional court, and before the reading of the interrogation report in the judicial proceedings of the trial.
(2) The decision regarding the claim of lack of jurisdiction shall be made before the defendant is questioned in the courts of first instance, at the very beginning of the questioning in non-judicial cases in the regional courts, and before the interrogation report is read in judicial cases. After these stages, a claim of lack of jurisdiction cannot be raised, and the courts cannot rule on this matter if you are being retried.
(3) Appeals may be lodged against decisions on lack of jurisdiction.
Regulations are also included.
3-) In accordance with the provisions of the legislation we announced earlier, we request that our objection regarding lack of jurisdiction be examined before proceeding with our client’s request.
LEGAL GROUNDS: 5271 PK m. 12, 18 and related legislation
CONCLUSION AND SUMMARY
For the reasons explained above, on behalf of our client, we respectfully request that your court’s jurisdiction be determined upon acceptance of our objection to jurisdiction. …/ …/ …
Defense of the Defendant