JUDGE OF THE COURT OF FIRST INSTANCE
……………
FILE NO :
DAY OF HEARING :
ACCUSED :
DEFENDANT :
CRIME : Fraud
SUBJECT : Request for Stay of Execution
EXPLANATION
1- According to the content of the decision dated …… previously given by your court about my client, it was decided that “…regarding the defendant ………., it is not necessary to defer the announcement of the verdict in accordance with Articles 231/6-a-c of the Code of Criminal Procedure”.
2- Upon the reversal, my client is ready to compensate the damage of the defendant during the judicial process and within this framework, due to the possibility that the defendant will give up his complaint due to the fact that the damage has been compensated, considering the possibility of applying Article 168 about him; Considering the possibility of applying Article 52 of the TCK against the fact that the prison sentence to be imposed within the framework of your court’s discretionary measures is the compensation of the damage and the complainant’s waiver of the complaint;
The decision regarding the 1 year imprisonment and 100,00 YTL judicial fine imposed on my client, which is still in the execution phase, has been reversed. By the decision of the 11th Criminal Chamber of the Court of Cassation with the decision numbered 1234 and 06.03.2006, and the hearing has been given and the hearing has been left to 24.07.2008, in accordance with Article 98 of the Law on the Execution of Criminal and Security Measures, which is regulated under the title “Hesitation in the interpretation of the sentence of conviction or in the calculation of the sentence to be served”. Pursuant to Article 98 of the Law on the Execution of Criminal and Security Measures under the heading “Hesitation in the interpretation of the sentence of conviction or in the calculation of the penalty to be served”, I request that a decision be made to “Suspend the Execution” in relation to the said decision of your court. Within the framework of the provision stating that “…in the event that it is in his favour, a decision is requested from the court that issued the verdict in order to eliminate. The hesitation or to determine the penalty to be fulfilled”.
I beg your honour.
Sincerely yours,
Defence Counsel
P-Power of attorney.
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