… THE PRESIDIUM OF THE CRIMINAL COURT OF PENAL SERVITUDE
THE OBJECTING RESPONDENT :
attorney :
THE DECISION SUBJECT TO APPEAL: … The decision of the Criminal Court …/… dated, …/… the main and …/… Decision No.
SUBJECT : … Includes our objections to the Decision of the Criminal Court to Withdraw the Disclosure of the Main and Final Decision No. 1 on the defendant on the date of the /… //… our petition.
descriptions
1-) … Although we do not consider the decision of the Criminal Court … to withdraw the disclosure of the verdict it has given against the defendant at the end of the trial for his crime …/…// to comply with the legal regulations and the law, it is also impossible for us to participate in the decision. That is to say;
2-) Article 231 of the Criminal Procedure Code No. 5271. according to the provisions to be turned back to the announcement of the award to be decided; to be fined or less imposed sentence of two years imprisonment or criminal, the defendant previously has been convicted of finding a deliberate offense, the court, considering the attitudes and behaviors of the trial with the defendant’s personality traits will commit a crime again and to reach conclusions about whether the victim or incurred by the public with the crime, right back, before a crime by making or compensation must be eliminated. As it can be seen, in order for the decision to Decry the disclosure of the verdict given about the defendant to be made, there is an obligation to coexist four conditions and to form an opinion by evaluating these four conditions by the court.
3-) Although the sentence is … a month and the defendant has not been convicted of a deliberate crime before, the court has not evaluated whether the defendant will not commit a crime again, taking into account his personality traits and attitude and behavior at trial, and whether the damage suffered by our client was compensated for by committing the crime, and no justification has been given in terms of these conditions sought by the law in the judgment.
4-) The defendant …… made threatening statements against our client during the trial …/…// and this was transferred to the trial minutes as a result of our insistence. Although the defendant’s disturbing behavior continued during the subsequent hearings, it was not possible for us to pass them on to the trial minutes. If necessary, for the determination of this fact, those who are watching the trial and named persons can also be listened to. As such, the court has not made these attitudes of the accused the subject of evaluation, and no evaluation has been made in the reasoned decision on the condition that the law seeks to “conclude that the accused will not commit a crime again”. This is in accordance with article 232 of the law. it is also contrary to the provision of the article.
LEGAL REASONS : 5271 P. K. m. 231, 232.
CONCLUSION AND REQUEST: For the reasons explained above, we request and request that the decision to withdraw the disclosure of the verdict given about the defendant by re-examining the verdict given by the Criminal Court be lifted and that the “disclosure of the verdict is not a place to be left undone” for the reasons mentioned in the explanations section and the disclosure of the conviction of the defendant be decided on behalf of our client on the month of the conviction of the defendant. …/ …/ …
Involvement ……. Attorney
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