………………………………TO THE INCUMBENT EXECUTION JUDGE
DISCIPLINARY PENALTIES
Objection : Name and surname…………… TC………………… ( He is still detained in a closed prison)
DEFENSE : ……………….
SUBJECT : Request for the cancellation/postponement/re-enactment of the disciplinary penalties imposed on the accused client
instructions :
…………………Of the Public Prosecutor’s Office 20. Investigation……../…………. the suspect in the file and ……………. 20. The High Criminal Court…../……. the defendant in the numbered main file …………………… at the moment …………….. He is under arrest in a Closed Prison.
The client had undergone psychological treatment for months before his arrest and his treatment is still ongoing. As a matter of fact, as will be seen when the criminal and prosecutor’s investigation file in question is opened about the client, F32.3. it is clear that he has been treated with the diagnosis of a severe depressive episode defined by psychotic symptoms and does not have a criminal license. The diagnoses and treatments of all doctors in the treatment process confirm each other. Our scientific opinion on the interpretation of all treatment documents and reports from the point of view of both Forensic Medicine and Criminal Law confirms our opinion. There have also been suicide attempts in the past and he has been hospitalized and treated many times due to his dangerousness.
As Your honor knows, he is not a criminal, but a patient facing a situation. In addition, it should be stated repeatedly that the client is dangerous for himself and his environment due to the severity of his illness (mental and psychological disorders). It is also understood from the disciplinary investigations he has undergone along with the difficulties he has experienced in compliance during his stay in prison. In this context, it is unacceptable that while his treatment continues, he is subjected to disciplinary action for every incident in which he is involved against his will and is expected to be involved in a new incident every day, not to be treated in prison conditions.
For this reason, without the knowledge of his assistants or his family, continuous minutes were issued about the client, who does not have the ability to understand and comprehend the law, and disciplinary penalties such as a ban on opinions about him were given. The family can only be informed about this situation if the client is not brought to the opinion. For these reasons and due to the client’s illness, we object to all the disciplinary actions he has taken during his detention without the knowledge of his lawyer and family, as well as to the opinion that he has not been able to adequately defend himself.
3 Of the Law on the Implementation of Criminal and Security Measures. its substance. The main goal is to be achieved primarily by executing sentences with provisions that require general and specific Prevention, for this purpose, to strengthen the prisoner’s reoffending, eliminate factors that prevent the functioning of society to protect against crime, convicts; to promote socialization again, to be productive and respectful of laws, statutes and social rules, to facilitate adaptation to a responsible lifestyle.” he explained the main purpose of the execution by saying.
However, the client was almost mentally and psychologically traumatized during his stay in prison. Disciplinary penalties, such as a ban on seeing family members, were applied. . According to the principle of personality of the criminal conviction, the presence of the detainee in prison should not have a restrictive legal effect on the fundamental rights of his family and relatives. The penalties subject to appeal limit the rights not only of the client, but also of his parents and siblings to establish and maintain a direct relationship with him. In more explicit terms, the rule punishes the client’s parents and siblings.
With the exception of those described above,, ……………… Our application to the Chief Public Prosecutor’s Office for the detection and treatment of the disease suffered by the detained client in the Closed Penal Institution and for the evaluation of the impact of this disease on his criminal capacity has been accepted and the Istanbul Forensic Medicine Institution …/…/…… an appointment has been made for the date. For these reasons, until referral to the hospital is provided and in accordance with the above explanations;
1- Cancellation/cancellation of disciplinary cases due to the client’s failure to inform his lawyers and family and the client’s inability to adequately defend himself,
2- According to Law No. 5275, since the client could not withstand disciplinary penalties, he had to request that the execution of the sentence be postponed or executed within the period determined by the physician.
THE EVIDENCE :
………….. Public Prosecutor’s Office 20……/………,……….20 Criminal Court…../……………, Hospital Reports
CONCLUSION AND REQUEST: We respectfully request that the disciplinary penalties imposed in violation of the procedures and laws for the reasons described above and officially seen above be abolished; the investigation file be removed with justification and punishment, and if the court reaches an opinion otherwise, it will be decided to postpone/restart the trial. …/…/……
OBJECTION TO DISCIPLINARY PROCEEDINGS
Lawyer