……… TO THE PRESIDENCY OF THE HIGH CRIMINAL COURT
To be sent to
…………… THE COURT OF FIRST INSTANCE
File No.: 2021/… Main
Defendant:
Attorney: Attorney………………..
Subject: Submission of our objections to the decision of the Criminal Court of First Instance regarding the postponement of the announcement of the judgment numbered 2021/… and dated …/…/2021 concerning the defendants.
Explanations:
The decision issued by the Criminal Court of First Instance regarding the postponement of the announcement of the sentence and judgment in the case filed against our client under file number 2021/… for the crime of theft is contrary to our legislation and the law.
Our client did not have the intent to commit a crime. Article 21 of the Turkish Penal Code defines intent as “knowingly and willingly committing the elements of the crime as defined by law.” In this case, according to our legal system, for intent to exist, the perpetrator must both know the elements of the crime as defined by law and want those elements to occur. I n other words, for the perpetrator to be considered to have acted intentionally, they must have made a conscious decision that includes the material elements of the crime. In this specific case, our client did not act with the intent to commit theft. Therefore, the elements of the crime were not present.
The indictment in this case sought to punish our client based solely on an assumption. However, in criminal law, a conviction cannot be based on an assumption or possibility.
In the absence of conclusive and convincing evidence that the defendant committed the crime, the principle of benefiting from the doubt should be applied, and an acquittal should be granted. Indeed, this is also the view of the Court of Cassation.
In light of all the explanations, since our client did not have the intent to commit a crime, it is clear that this crime did not occur in the case in question. Therefore, we must appeal the decision of the Criminal Court of First Instance regarding the sentence imposed on our client in case number 2021/… and the postponement of the announcement of the verdict.
Conclusion and Request:
For the reasons explained and put forward, we object to the decision of the Criminal Court of First Instance regarding the sentence imposed on our client and the postponement of the pronouncement of the judgment. We respectfully request your Court to overturn the aforementioned judgment. …/…/2021
Defense Attorney
Prosecutor…